Full Text of SB3119 100th General Assembly
SB3119eng 100TH GENERAL ASSEMBLY |
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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) Were not participating employees under this | 11 | | Article before the effective date of this amendatory Act of | 12 | | the 100th General Assembly and participated as a chief of | 13 | | police in a fund under Article 3 and return to work in any | 14 | | capacity with the police department, with any oversight of | 15 | | the police department, or in an advisory capacity for the | 16 | | police department with the same municipality with which | 17 | | that pension was earned, regardless of whether they are | 18 | | considered an employee of the police department or are | 19 | | eligible for inclusion in the municipality's Article 3 | 20 | | fund. | 21 | | (c) Are contributors to or eligible to contribute to a | 22 | | Taft-Hartley pension plan to which the participating | 23 | | municipality is required to contribute as the person's | 24 | | employer based on earnings from the municipality. Nothing | 25 | | in this paragraph shall affect service credit or creditable | 26 | | service for any period of service prior to the effective |
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| 1 | | date of this amendatory Act of the 98th General Assembly, | 2 | | and this paragraph shall not apply to individuals who are | 3 | | participating in the Fund prior to the effective date of | 4 | | this amendatory Act of the 98th General Assembly.
| 5 | | (d) Become an employee of any of the following | 6 | | participating instrumentalities on or after the effective | 7 | | date of this amendatory Act of the 99th General Assembly: | 8 | | the Illinois Municipal League; the Illinois Association of | 9 | | Park Districts; the Illinois Supervisors, County | 10 | | Commissioners and Superintendents of Highways Association; | 11 | | an association, or not-for-profit corporation, membership | 12 | | in which is authorized under Section 85-15 of the Township | 13 | | Code; the United Counties Council; or the Will County | 14 | | Governmental League. | 15 | | (3) All persons, including, without limitation, public | 16 | | defenders and
probation officers, who receive earnings from | 17 | | general or special funds
of a county for performance of | 18 | | personal services or official duties
within the territorial | 19 | | limits of the county, are employees of the county
(unless | 20 | | excluded by subsection (2) of this Section) notwithstanding | 21 | | that
they may be appointed by and are subject to the direction | 22 | | of a person or
persons other than a county board or a county | 23 | | officer. It is hereby
established that an employer-employee | 24 | | relationship under the usual
common law rules exists between | 25 | | such employees and the county paying
their salaries by reason | 26 | | of the fact that the county boards fix their
rates of |
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| 1 | | compensation, appropriate funds for payment of their earnings
| 2 | | and otherwise exercise control over them. This finding and this
| 3 | | amendatory Act shall apply to all such employees from the date | 4 | | of
appointment whether such date is prior to or after the | 5 | | effective date of
this amendatory Act and is intended to | 6 | | clarify existing law pertaining
to their status as | 7 | | participating employees in the Fund.
| 8 | | (Source: P.A. 99-830, eff. 1-1-17; 100-281, eff. 8-24-17.)
| 9 | | Section 99. Effective date. This Act takes effect January | 10 | | 1, 2019.
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