Full Text of SB3119 100th General Assembly
SB3119 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB3119 Introduced 2/15/2018, by Sen. Pamela J. Althoff SYNOPSIS AS INTRODUCED: |
| 40 ILCS 5/7-109 | from Ch. 108 1/2, par. 7-109 |
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Amends the Illinois Municipal Retirement Fund (IMRF) Article of the Illinois Pension Code. Provides that a person who participated as a chief of police in a fund under the Downstate Police Article and returns to work in any capacity with the police department, with any oversight of the police department, or in an advisory capacity for the police department with the same municipality with which that pension was earned, regardless of whether he or she is considered an employee of the police department or is eligible for inclusion in the municipality's downstate police fund, is not considered an employee under the IMRF Article. Effective January 1, 2019.
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| | FISCAL NOTE ACT MAY APPLY | | PENSION IMPACT NOTE ACT MAY APPLY |
| | A BILL FOR |
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| 1 | | AN ACT concerning public employee benefits.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Pension Code is amended by changing | 5 | | Section 7-109 as follows:
| 6 | | (40 ILCS 5/7-109) (from Ch. 108 1/2, par. 7-109)
| 7 | | Sec. 7-109. Employee.
| 8 | | (1) "Employee" means any person who:
| 9 | | (a) 1. Receives earnings as payment for the performance | 10 | | of personal
services or official duties out of the general | 11 | | fund of a municipality,
or out of any special fund or funds | 12 | | controlled by a municipality, or by
an instrumentality | 13 | | thereof, or a participating instrumentality, including,
in | 14 | | counties, the fees or earnings of any county fee office; | 15 | | and
| 16 | | 2. Under the usual common law rules applicable in | 17 | | determining the
employer-employee relationship, has the | 18 | | status of an employee with a
municipality, or any | 19 | | instrumentality thereof, or a participating
| 20 | | instrumentality, including aldermen, county supervisors | 21 | | and other
persons (excepting those employed as independent | 22 | | contractors) who are
paid compensation, fees, allowances | 23 | | or other emolument for official
duties, and, in counties, |
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| 1 | | the several county fee offices.
| 2 | | (b) Serves as a township treasurer appointed under the | 3 | | School
Code, as heretofore or hereafter amended, and
who | 4 | | receives for such services regular compensation as | 5 | | distinguished
from per diem compensation, and any regular | 6 | | employee in the office of
any township treasurer whether or | 7 | | not his earnings are paid from the
income of the permanent | 8 | | township fund or from funds subject to
distribution to the | 9 | | several school districts and parts of school
districts as | 10 | | provided in the School Code, or from both such sources; or | 11 | | is the chief executive officer, chief educational officer, | 12 | | chief fiscal officer, or other employee of a Financial | 13 | | Oversight Panel established pursuant to Article 1H of the | 14 | | School Code, other than a superintendent or certified | 15 | | school business official, except that such person shall not | 16 | | be treated as an employee under this Section if that person | 17 | | has negotiated with the Financial Oversight Panel, in | 18 | | conjunction with the school district, a contractual | 19 | | agreement for exclusion from this Section.
| 20 | | (c) Holds an elective office in a municipality, | 21 | | instrumentality
thereof or participating instrumentality.
| 22 | | (2) "Employee" does not include persons who:
| 23 | | (a) Are eligible for inclusion under any of the | 24 | | following laws:
| 25 | | 1. "An Act in relation to an Illinois State | 26 | | Teachers' Pension and
Retirement Fund", approved May |
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| 1 | | 27, 1915, as amended;
| 2 | | 2. Articles 15 and 16 of this Code.
| 3 | | However, such persons shall be included as employees to | 4 | | the extent of
earnings that are not eligible for inclusion | 5 | | under the foregoing laws
for services not of an | 6 | | instructional nature of any kind.
| 7 | | However, any member of the armed forces who is employed | 8 | | as a teacher
of subjects in the Reserve Officers Training | 9 | | Corps of any school and who
is not certified under the law | 10 | | governing the certification of teachers
shall be included | 11 | | as an employee.
| 12 | | (b) Are designated by the governing body of a | 13 | | municipality in which a
pension fund is required by law to | 14 | | be established for policemen or
firemen, respectively, as | 15 | | performing police or fire protection duties,
except that | 16 | | when such persons are the heads of the police or fire
| 17 | | department and are not eligible to be included within any | 18 | | such pension
fund, they shall be included within this | 19 | | Article; provided, that such
persons shall not be excluded | 20 | | to the extent of concurrent service and
earnings not | 21 | | designated as being for police or fire protection duties.
| 22 | | However, (i) any head of a police department who was a | 23 | | participant under this
Article immediately before October | 24 | | 1, 1977 and did not elect, under Section
3-109 of this Act, | 25 | | to participate in a police pension fund shall be an
| 26 | | "employee", and (ii) any chief of police who became a |
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| 1 | | participating employee under this Article before January | 2 | | 1, 2019 and who elects to participate in this
Fund under | 3 | | Section 3-109.1 of this Code, regardless of whether such | 4 | | person
continues to be employed as chief of police or is | 5 | | employed in some other
rank or capacity within the police | 6 | | department, shall be an employee under
this Article for so | 7 | | long as such person is employed to perform police
duties by | 8 | | a participating municipality and has not lawfully | 9 | | rescinded that
election. | 10 | | (b-5) Participated as a chief of police in a fund under | 11 | | Article 3 and return to work in any capacity with the | 12 | | police department, with any oversight of the police | 13 | | department, or in an advisory capacity for the police | 14 | | department with the same municipality with which that | 15 | | pension was earned, regardless of whether they are | 16 | | considered an employee of the police department or are | 17 | | eligible for inclusion in the municipality's Article 3 | 18 | | fund. | 19 | | (c) Are contributors to or eligible to contribute to a | 20 | | Taft-Hartley pension plan to which the participating | 21 | | municipality is required to contribute as the person's | 22 | | employer based on earnings from the municipality. Nothing | 23 | | in this paragraph shall affect service credit or creditable | 24 | | service for any period of service prior to the effective | 25 | | date of this amendatory Act of the 98th General Assembly, | 26 | | and this paragraph shall not apply to individuals who are |
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| 1 | | participating in the Fund prior to the effective date of | 2 | | this amendatory Act of the 98th General Assembly.
| 3 | | (d) Become an employee of any of the following | 4 | | participating instrumentalities on or after the effective | 5 | | date of this amendatory Act of the 99th General Assembly: | 6 | | the Illinois Municipal League; the Illinois Association of | 7 | | Park Districts; the Illinois Supervisors, County | 8 | | Commissioners and Superintendents of Highways Association; | 9 | | an association, or not-for-profit corporation, membership | 10 | | in which is authorized under Section 85-15 of the Township | 11 | | Code; the United Counties Council; or the Will County | 12 | | Governmental League. | 13 | | (3) All persons, including, without limitation, public | 14 | | defenders and
probation officers, who receive earnings from | 15 | | general or special funds
of a county for performance of | 16 | | personal services or official duties
within the territorial | 17 | | limits of the county, are employees of the county
(unless | 18 | | excluded by subsection (2) of this Section) notwithstanding | 19 | | that
they may be appointed by and are subject to the direction | 20 | | of a person or
persons other than a county board or a county | 21 | | officer. It is hereby
established that an employer-employee | 22 | | relationship under the usual
common law rules exists between | 23 | | such employees and the county paying
their salaries by reason | 24 | | of the fact that the county boards fix their
rates of | 25 | | compensation, appropriate funds for payment of their earnings
| 26 | | and otherwise exercise control over them. This finding and this
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| 1 | | amendatory Act shall apply to all such employees from the date | 2 | | of
appointment whether such date is prior to or after the | 3 | | effective date of
this amendatory Act and is intended to | 4 | | clarify existing law pertaining
to their status as | 5 | | participating employees in the Fund.
| 6 | | (Source: P.A. 99-830, eff. 1-1-17; 100-281, eff. 8-24-17.)
| 7 | | Section 99. Effective date. This Act takes effect January | 8 | | 1, 2019.
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