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


Rep. Anna Moeller

Filed: 3/24/2017





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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 as follows:
6    (40 ILCS 5/7-137)  (from Ch. 108 1/2, par. 7-137)
7    Sec. 7-137. Participating and covered employees.
8    (a) The persons described in this paragraph (a) shall be
9included within and be subject to this Article and eligible to
10benefits from this fund, beginning upon the dates hereinafter
12        1. Except as to the employees specifically excluded
13    under the provisions of this Article, all persons who are
14    employees of any municipality (or instrumentality thereof)
15    or participating instrumentality on the effective date of
16    participation of the municipality or participating



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



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1    elected while in that office in a written notice on file
2    with the board to become a participating employee;
3        2.5. Except as provided in item 2.6, any person who
4    holds elective office as a member of a county board,
5    unless:
6            (i) the person was first elected as a member of a
7        county board before the effective date of this
8        amendatory Act of the 99th General Assembly;
9            (ii) the person has elected while in that office,
10        in a written notice on file with the board, to become a
11        participating employee;
12            (iii) the county board has filed the resolution
13        required by subsection (a) of Section 7-137.2 of this
14        Article; and
15            (iv) the person has submitted the required time
16        sheets evidencing that the person has met the hourly
17        standard as required by subsection (b) of Section
18        7-137.2 of this Article;
19        2.6. Any person who is an elected member of a county
20    board and is first so elected on or after the effective
21    date of this amendatory Act of the 99th General Assembly;
22        2.7. Any person who holds part-time office as a member
23    of a governing body, whether he or she is elected or
24    appointed, unless he or she (i) was elected or appointed to
25    that office before the effective date of this amendatory
26    Act of the 100th General Assembly and (ii) has elected



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1    while in that office in a written notice on file with the
2    board to become a participating employee. An office as a
3    member of a governing body shall be deemed to be part-time
4    if it normally requires the performance of duty during less
5    than 1000 hours a year for the governing body of the
6    participating municipality or instrumentality;
7        3. Any person working for a city hospital unless any
8    such person, while in active employment, has elected in a
9    written notice on file with the board to become a
10    participating employee and notification thereof is
11    received by the board;
12        4. Any person who becomes an employee after June 30,
13    1979 as a public service employment program participant
14    under the federal Comprehensive Employment and Training
15    Act and whose wages or fringe benefits are paid in whole or
16    in part by funds provided under such Act;
17        5. Any person who is actively employed by a
18    municipality on its effective date of participation in the
19    Fund if that municipality (i) has at least 35 employees on
20    its effective date of participation; (ii) is located in a
21    county with at least 2,000,000 inhabitants; and (iii)
22    maintains an independent defined benefit pension plan for
23    the benefit of its eligible employees, unless the person
24    files with the board within 90 days after the
25    municipality's effective date of participation an
26    irrevocable election to participate.



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1    (c) Any person electing to be a participating employee,
2pursuant to paragraph (b) of this Section may not change such
3election, except as provided in Section 7-137.1.
4    (d) Any employee who occupied the position of school nurse
5in any participating municipality on August 8, 1961 and
6continuously thereafter until the effective date of the
7exercise of the option authorized by this subparagraph, who on
8August 7, 1961 was a member of the Teachers' Retirement System
9of Illinois, by virtue of certification by the Department of
10Registration and Education as a public health nurse, may elect
11to terminate participation in this Fund in order to
12re-establish membership in such System. The election may be
13exercised by filing written notice thereof with the Board or
14with the Board of Trustees of said Teachers' Retirement System,
15not later than September 30, 1963, and shall be effective on
16the first day of the calendar month next following the month in
17which the notice was filed. If the written notice is filed with
18such Teachers' Retirement System, that System shall
19immediately notify this Fund, but neither failure nor delay in
20notification shall affect the validity of the employee's
21election. If the option is exercised, the Fund shall notify
22such Teachers' Retirement System of such fact and transfer to
23that system the amounts contributed by the employee to this
24Fund, including interest at 3% per annum, but excluding
25contributions applicable to social security coverage during
26the period beginning August 8, 1961 to the effective date of



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1the employee's election. Participation in this Fund as to any
2credits on or after August 8, 1961 and up to the effective date
3of the employee's election shall terminate on such effective
5    (e) Any participating municipality or participating
6instrumentality, other than a school district or special
7education joint agreement created under Section 10-22.31 of the
8School Code, may, by a resolution or ordinance duly adopted by
9its governing body, elect to exclude from participation and
10eligibility for benefits all persons who are employed after the
11effective date of such resolution or ordinance and who occupy
12an office or are employed in a position normally requiring
13performance of duty for less than 1000 hours per year for the
14participating municipality (including all instrumentalities
15thereof) or participating instrumentality except for persons
16employed in a position normally requiring performance of duty
17for 600 hours or more per year (i) by such participating
18municipality or participating instrumentality prior to the
19effective date of the resolution or ordinance and (ii) by a
20participating municipality or participating instrumentality,
21which had not adopted such a resolution when the person was
22employed, and the function served by the employee's position is
23assumed by another participating municipality or participating
24instrumentality. Notwithstanding the foregoing, a
25participating municipality or participating instrumentality
26which is formed solely to succeed to the functions of a



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1participating municipality or participating instrumentality
2shall be considered to have adopted any such resolution or
3ordinance which may have been applicable to the employees
4performing such functions. The election made by the resolution
5or ordinance shall take effect at the time specified in the
6resolution or ordinance, and once effective shall be
8(Source: P.A. 99-900, eff. 8-26-16.)".