Illinois General Assembly - Full Text of HB3122
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Full Text of HB3122  100th General Assembly

HB3122ham001 100TH GENERAL ASSEMBLY

Rep. Anna Moeller

Filed: 3/2/2017

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3122

2    AMENDMENT NO. ______. Amend House Bill 3122 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Pension Code is amended by
5changing Section 7-137 and by adding Section 7-137.3 as
6follows:
 
7    (40 ILCS 5/7-137)  (from Ch. 108 1/2, par. 7-137)
8    Sec. 7-137. Participating and covered employees.
9    (a) The persons described in this paragraph (a) shall be
10included within and be subject to this Article and eligible to
11benefits from this fund, beginning upon the dates hereinafter
12specified:
13        1. Except as to the employees specifically excluded
14    under the provisions of this Article, all persons who are
15    employees of any municipality (or instrumentality thereof)
16    or participating instrumentality on the effective date of

 

 

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1    participation of the municipality or participating
2    instrumentality beginning upon such effective date.
3        2. Except as to the employees specifically excluded
4    under the provisions of this Article, all persons, who
5    became employees of any participating municipality (or
6    instrumentality thereof) or participating instrumentality
7    after the effective date of participation of such
8    municipality or participating instrumentality, beginning
9    upon the date such person becomes an employee.
10        3. All persons who file notice with the board as
11    provided in paragraph (b) 2 and 3 of this Section,
12    beginning upon the date of filing such notice.
13    (b) The following described persons shall not be considered
14participating employees eligible for benefits from this fund,
15but shall be included within and be subject to this Article
16(each of the descriptions is not exclusive but is cumulative):
17        1. Any person who occupies an office or is employed in
18    a position normally requiring performance of duty during
19    less than 600 hours a year for a municipality (including
20    all instrumentalities thereof) or a participating
21    instrumentality. If a school treasurer performs services
22    for more than one school district, the total number of
23    hours of service normally required for the several school
24    districts shall be considered to determine whether he
25    qualifies under this paragraph;
26        2. Except as provided in items 2.5, and 2.6, 2.7, and

 

 

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1    2.8, any person who holds elective office unless he has
2    elected while in that office in a written notice on file
3    with the board to become a participating employee;
4        2.5. Except as provided in item 2.6, any person who
5    holds elective office as a member of a county board,
6    unless:
7            (i) the person was first elected as a member of a
8        county board before the effective date of this
9        amendatory Act of the 99th General Assembly;
10            (ii) the person has elected while in that office,
11        in a written notice on file with the board, to become a
12        participating employee;
13            (iii) the county board has filed the resolution
14        required by subsection (a) of Section 7-137.2 of this
15        Article; and
16            (iv) the person has submitted the required time
17        sheets evidencing that the person has met the hourly
18        standard as required by subsection (b) of Section
19        7-137.2 of this Article;
20        2.6. Any person who is an elected member of a county
21    board and is first so elected on or after the effective
22    date of this amendatory Act of the 99th General Assembly;
23        2.7. Any person who holds elected office, except for an
24    elected official of a city, county (other than an elected
25    official subject to item 2.5 or 2.6), village, incorporated
26    town, or township, unless:

 

 

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1            (i) the person was first elected or appointed to
2        that office before the effective date of this
3        amendatory Act of the 100th General Assembly;
4            (ii) the person has elected while in that office,
5        in a written notice on file with the board, to become a
6        participating employee;
7            (iii) the governing body has filed the resolution
8        required by subsection (b) of Section 7-137.3; and
9            (iv) the person has submitted the required time
10        sheets evidencing that the person has met the hourly
11        standard as required by subsection (c) of Section
12        7-137.3;
13        2.8. Any person who (i) holds elected office, except
14    for an elected official of a city, county (other than an
15    elected official subject to item 2.5 or 2.6), village,
16    incorporated town, or township, and (ii) is first so
17    elected or appointed on or after the effective date of this
18    amendatory Act of the 100th General Assembly;
19        3. Any person working for a city hospital unless any
20    such person, while in active employment, has elected in a
21    written notice on file with the board to become a
22    participating employee and notification thereof is
23    received by the board;
24        4. Any person who becomes an employee after June 30,
25    1979 as a public service employment program participant
26    under the federal Comprehensive Employment and Training

 

 

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1    Act and whose wages or fringe benefits are paid in whole or
2    in part by funds provided under such Act;
3        5. Any person who is actively employed by a
4    municipality on its effective date of participation in the
5    Fund if that municipality (i) has at least 35 employees on
6    its effective date of participation; (ii) is located in a
7    county with at least 2,000,000 inhabitants; and (iii)
8    maintains an independent defined benefit pension plan for
9    the benefit of its eligible employees, unless the person
10    files with the board within 90 days after the
11    municipality's effective date of participation an
12    irrevocable election to participate.
13    (c) Any person electing to be a participating employee,
14pursuant to paragraph (b) of this Section may not change such
15election, except as provided in Section 7-137.1.
16    (d) Any employee who occupied the position of school nurse
17in any participating municipality on August 8, 1961 and
18continuously thereafter until the effective date of the
19exercise of the option authorized by this subparagraph, who on
20August 7, 1961 was a member of the Teachers' Retirement System
21of Illinois, by virtue of certification by the Department of
22Registration and Education as a public health nurse, may elect
23to terminate participation in this Fund in order to
24re-establish membership in such System. The election may be
25exercised by filing written notice thereof with the Board or
26with the Board of Trustees of said Teachers' Retirement System,

 

 

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1not later than September 30, 1963, and shall be effective on
2the first day of the calendar month next following the month in
3which the notice was filed. If the written notice is filed with
4such Teachers' Retirement System, that System shall
5immediately notify this Fund, but neither failure nor delay in
6notification shall affect the validity of the employee's
7election. If the option is exercised, the Fund shall notify
8such Teachers' Retirement System of such fact and transfer to
9that system the amounts contributed by the employee to this
10Fund, including interest at 3% per annum, but excluding
11contributions applicable to social security coverage during
12the period beginning August 8, 1961 to the effective date of
13the employee's election. Participation in this Fund as to any
14credits on or after August 8, 1961 and up to the effective date
15of the employee's election shall terminate on such effective
16date.
17    (e) Any participating municipality or participating
18instrumentality, other than a school district or special
19education joint agreement created under Section 10-22.31 of the
20School Code, may, by a resolution or ordinance duly adopted by
21its governing body, elect to exclude from participation and
22eligibility for benefits all persons who are employed after the
23effective date of such resolution or ordinance and who occupy
24an office or are employed in a position normally requiring
25performance of duty for less than 1000 hours per year for the
26participating municipality (including all instrumentalities

 

 

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1thereof) or participating instrumentality except for persons
2employed in a position normally requiring performance of duty
3for 600 hours or more per year (i) by such participating
4municipality or participating instrumentality prior to the
5effective date of the resolution or ordinance and (ii) by a
6participating municipality or participating instrumentality,
7which had not adopted such a resolution when the person was
8employed, and the function served by the employee's position is
9assumed by another participating municipality or participating
10instrumentality. Notwithstanding the foregoing, a
11participating municipality or participating instrumentality
12which is formed solely to succeed to the functions of a
13participating municipality or participating instrumentality
14shall be considered to have adopted any such resolution or
15ordinance which may have been applicable to the employees
16performing such functions. The election made by the resolution
17or ordinance shall take effect at the time specified in the
18resolution or ordinance, and once effective shall be
19irrevocable.
20(Source: P.A. 99-900, eff. 8-26-16.)
 
21    (40 ILCS 5/7-137.3 new)
22    Sec. 7-137.3. Participation by certain elected officials.
23    (a) As used in this Section, "affected official" means a
24person who (i) holds elected office, except for an elected
25official of a city, county (other than an elected official

 

 

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1subject to item 2.5 or 2.6), village, incorporated town, or
2township, and (ii) is first so elected or appointed before the
3effective date of this amendatory Act of the 100th General
4Assembly.
5    (b) An affected official is not eligible to participate in
6the Fund with respect to that position unless the governing
7body has adopted a resolution, after public debate and in a
8form acceptable to the Fund, certifying that persons in that
9position are expected to work at least 600 hours annually (or
101000 hours annually in a participating municipality that has
11adopted a resolution pursuant to subsection (e) of Section
127-137 of this Code). The resolution must be adopted and filed
13with the Fund no more than 90 days after each general election.
14    (c) An affected official who participates in the Fund with
15respect to that position shall monthly submit, to the
16authorized agent or his or her designee, time sheets
17documenting the time spent on official government business as
18an affected official. The time sheets shall be (1) submitted on
19paper or electronically, or both, and (2) maintained by the
20participating municipality for 5 years. An affected official
21who fails to submit time sheets or fails to conduct official
22government business with respect to that position for either
23600 hours or 1000 hours (whichever is applicable) annually
24shall not be permitted to continue participation in the Fund as
25an affected official. The Fund may request that the
26participating municipality certify that an affected official

 

 

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1is permitted to continue participation with respect to that
2position.
3    This subsection (c) does not affect participation by an
4affected official who holds office on the effective date of
5this Section with respect to that term of office until 90 days
6after the effective date of this Section.
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.".