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




HB3122 EnrolledLRB100 10261 RPS 20447 b

1    AN ACT concerning public employee benefits.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Pension Code is amended by changing
5Section 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
17    instrumentality beginning upon such effective date.
18        2. Except as to the employees specifically excluded
19    under the provisions of this Article, all persons, who
20    became employees of any participating municipality (or
21    instrumentality thereof) or participating instrumentality
22    after the effective date of participation of such
23    municipality or participating instrumentality, beginning



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



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1        amendatory Act of the 99th General Assembly;
2            (ii) the person has elected while in that office,
3        in a written notice on file with the board, to become a
4        participating employee;
5            (iii) the county board has filed the resolution
6        required by subsection (a) of Section 7-137.2 of this
7        Article; and
8            (iv) the person has submitted the required time
9        sheets evidencing that the person has met the hourly
10        standard as required by subsection (b) of Section
11        7-137.2 of this Article;
12        2.6. Any person who is an elected member of a county
13    board and is first so elected on or after the effective
14    date of this amendatory Act of the 99th General Assembly;
15        2.7. Any person who holds part-time office as a member
16    of a governing body, whether he or she is elected or
17    appointed, unless he or she (i) was elected or appointed to
18    that office before the effective date of this amendatory
19    Act of the 100th General Assembly and (ii) has elected
20    while in that office in a written notice on file with the
21    board to become a participating employee. An office as a
22    member of a governing body shall be deemed to be part-time
23    if it normally requires the performance of duty during less
24    than 1000 hours a year for the governing body of the
25    participating municipality or instrumentality;
26        3. Any person working for a city hospital unless any



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1    such person, while in active employment, has elected in a
2    written notice on file with the board to become a
3    participating employee and notification thereof is
4    received by the board;
5        4. Any person who becomes an employee after June 30,
6    1979 as a public service employment program participant
7    under the federal Comprehensive Employment and Training
8    Act and whose wages or fringe benefits are paid in whole or
9    in part by funds provided under such Act;
10        5. Any person who is actively employed by a
11    municipality on its effective date of participation in the
12    Fund if that municipality (i) has at least 35 employees on
13    its effective date of participation; (ii) is located in a
14    county with at least 2,000,000 inhabitants; and (iii)
15    maintains an independent defined benefit pension plan for
16    the benefit of its eligible employees, unless the person
17    files with the board within 90 days after the
18    municipality's effective date of participation an
19    irrevocable election to participate.
20    (c) Any person electing to be a participating employee,
21pursuant to paragraph (b) of this Section may not change such
22election, except as provided in Section 7-137.1.
23    (d) Any employee who occupied the position of school nurse
24in any participating municipality on August 8, 1961 and
25continuously thereafter until the effective date of the
26exercise of the option authorized by this subparagraph, who on



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1August 7, 1961 was a member of the Teachers' Retirement System
2of Illinois, by virtue of certification by the Department of
3Registration and Education as a public health nurse, may elect
4to terminate participation in this Fund in order to
5re-establish membership in such System. The election may be
6exercised by filing written notice thereof with the Board or
7with the Board of Trustees of said Teachers' Retirement System,
8not later than September 30, 1963, and shall be effective on
9the first day of the calendar month next following the month in
10which the notice was filed. If the written notice is filed with
11such Teachers' Retirement System, that System shall
12immediately notify this Fund, but neither failure nor delay in
13notification shall affect the validity of the employee's
14election. If the option is exercised, the Fund shall notify
15such Teachers' Retirement System of such fact and transfer to
16that system the amounts contributed by the employee to this
17Fund, including interest at 3% per annum, but excluding
18contributions applicable to social security coverage during
19the period beginning August 8, 1961 to the effective date of
20the employee's election. Participation in this Fund as to any
21credits on or after August 8, 1961 and up to the effective date
22of the employee's election shall terminate on such effective
24    (e) Any participating municipality or participating
25instrumentality, other than a school district or special
26education joint agreement created under Section 10-22.31 of the



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1School Code, may, by a resolution or ordinance duly adopted by
2its governing body, elect to exclude from participation and
3eligibility for benefits all persons who are employed after the
4effective date of such resolution or ordinance and who occupy
5an office or are employed in a position normally requiring
6performance of duty for less than 1000 hours per year for the
7participating municipality (including all instrumentalities
8thereof) or participating instrumentality except for persons
9employed in a position normally requiring performance of duty
10for 600 hours or more per year (i) by such participating
11municipality or participating instrumentality prior to the
12effective date of the resolution or ordinance and (ii) by a
13participating municipality or participating instrumentality,
14which had not adopted such a resolution when the person was
15employed, and the function served by the employee's position is
16assumed by another participating municipality or participating
17instrumentality. Notwithstanding the foregoing, a
18participating municipality or participating instrumentality
19which is formed solely to succeed to the functions of a
20participating municipality or participating instrumentality
21shall be considered to have adopted any such resolution or
22ordinance which may have been applicable to the employees
23performing such functions. The election made by the resolution
24or ordinance shall take effect at the time specified in the
25resolution or ordinance, and once effective shall be



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1(Source: P.A. 99-900, eff. 8-26-16.)