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Public Act 100-1097
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| SB3119 Enrolled | LRB100 18739 MJP 33973 b |
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AN ACT concerning public employee benefits.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Pension Code is amended by changing |
Sections 4-112, 7-109, and 7-109.3 as follows:
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(40 ILCS 5/4-112) (from Ch. 108 1/2, par. 4-112)
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Sec. 4-112. Determination of disability; restoration to |
active service; disability cannot constitute cause for |
discharge. A disability pension shall not be paid until |
disability
has been established by the board by examinations
of |
the firefighter at pension fund expense by 3 physicians |
selected
by the board and such other evidence as the board |
deems
necessary. The 3 physicians selected by the board need |
not agree as to the existence of any disability or the nature |
and extent of a disability. Medical examination of a |
firefighter
receiving a disability pension shall be made at |
least once each year prior
to attainment of age 50 in order to |
verify continuance of disability, except that a medical |
examination of a firefighter receiving a disability pension for |
post-traumatic stress disorder (PTSD) related to his or her |
service as a firefighter shall not be made if: (1) the |
firefighter has attained age 45; (2) the firefighter has |
provided to the board documentation approving the |
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discontinuance of the medical examination from at least 2 |
physicians; and (3) at least 4 members of the board have voted |
in the affirmative to allow the firefighter to discontinue the |
medical examination. No
examination shall be required after age |
50. No physical or mental disability that constitutes, in whole |
or in part, the basis of an application for benefits under this |
Article may be used, in whole or in part, by any municipality |
or fire protection district employing firefighters, emergency |
medical technicians, or paramedics as cause for discharge.
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Upon satisfactory proof to the board that a firefighter on |
the disability
pension has recovered from disability, the board |
shall
terminate the
disability pension.
The firefighter shall |
report to the marshal or chief
of the fire department, who |
shall thereupon
order immediate reinstatement into active |
service, and the municipality shall immediately return the |
firefighter to its payroll, in the same rank or grade held
at |
the date he or she was placed on disability pension. If the |
firefighter must file a civil action against the municipality |
to enforce his or her mandated return to payroll under this |
paragraph, then the firefighter is entitled to recovery of |
reasonable court costs and attorney's fees.
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The firefighter shall be entitled to 10 days notice before
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any hearing or meeting of the board at which the question of |
his or her
disability is to be considered, and shall have the |
right to be present
at any such hearing or meeting, and to be |
represented by counsel; however,
the board shall not have any |
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obligation to provide such fireman with counsel.
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(Source: P.A. 95-681, eff. 10-11-07.)
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(40 ILCS 5/7-109) (from Ch. 108 1/2, par. 7-109)
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Sec. 7-109. Employee.
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(1) "Employee" means any person who:
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(a) 1. Receives earnings as payment for the performance |
of personal
services or official duties out of the general |
fund of a municipality,
or out of any special fund or funds |
controlled by a municipality, or by
an instrumentality |
thereof, or a participating instrumentality, including,
in |
counties, the fees or earnings of any county fee office; |
and
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2. Under the usual common law rules applicable in |
determining the
employer-employee relationship, has the |
status of an employee with a
municipality, or any |
instrumentality thereof, or a participating
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instrumentality, including aldermen, county supervisors |
and other
persons (excepting those employed as independent |
contractors) who are
paid compensation, fees, allowances |
or other emolument for official
duties, and, in counties, |
the several county fee offices.
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(b) Serves as a township treasurer appointed under the |
School
Code, as heretofore or hereafter amended, and
who |
receives for such services regular compensation as |
distinguished
from per diem compensation, and any regular |
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employee in the office of
any township treasurer whether or |
not his earnings are paid from the
income of the permanent |
township fund or from funds subject to
distribution to the |
several school districts and parts of school
districts as |
provided in the School Code, or from both such sources; or |
is the chief executive officer, chief educational officer, |
chief fiscal officer, or other employee of a Financial |
Oversight Panel established pursuant to Article 1H of the |
School Code, other than a superintendent or certified |
school business official, except that such person shall not |
be treated as an employee under this Section if that person |
has negotiated with the Financial Oversight Panel, in |
conjunction with the school district, a contractual |
agreement for exclusion from this Section.
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(c) Holds an elective office in a municipality, |
instrumentality
thereof or participating instrumentality.
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(2) "Employee" does not include persons who:
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(a) Are eligible for inclusion under any of the |
following laws:
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1. "An Act in relation to an Illinois State |
Teachers' Pension and
Retirement Fund", approved May |
27, 1915, as amended;
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2. Articles 15 and 16 of this Code.
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However, such persons shall be included as employees to |
the extent of
earnings that are not eligible for inclusion |
under the foregoing laws
for services not of an |
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instructional nature of any kind.
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However, any member of the armed forces who is employed |
as a teacher
of subjects in the Reserve Officers Training |
Corps of any school and who
is not certified under the law |
governing the certification of teachers
shall be included |
as an employee.
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(b) Are designated by the governing body of a |
municipality in which a
pension fund is required by law to |
be established for policemen or
firemen, respectively, as |
performing police or fire protection duties,
except that |
when such persons are the heads of the police or fire
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department and are not eligible to be included within any |
such pension
fund, they shall be included within this |
Article; provided, that such
persons shall not be excluded |
to the extent of concurrent service and
earnings not |
designated as being for police or fire protection duties.
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However, (i) any head of a police department who was a |
participant under this
Article immediately before October |
1, 1977 and did not elect, under Section
3-109 of this Act, |
to participate in a police pension fund shall be an
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"employee", and (ii) any chief of police who became a |
participating employee under this Article before January |
1, 2019 and who elects to participate in this
Fund under |
Section 3-109.1 of this Code, regardless of whether such |
person
continues to be employed as chief of police or is |
employed in some other
rank or capacity within the police |
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department, shall be an employee under
this Article for so |
long as such person is employed to perform police
duties by |
a participating municipality and has not lawfully |
rescinded that
election. |
(b-5) Were not participating employees under this |
Article before the effective date of this amendatory Act of |
the 100th General Assembly and participated as a chief of |
police in a fund under Article 3 and return 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 they are |
considered an employee of the police department or are |
eligible for inclusion in the municipality's Article 3 |
fund. |
(c) Are contributors to or eligible to contribute to a |
Taft-Hartley pension plan to which the participating |
municipality is required to contribute as the person's |
employer based on earnings from the municipality. Nothing |
in this paragraph shall affect service credit or creditable |
service for any period of service prior to the effective |
date of this amendatory Act of the 98th General Assembly, |
and this paragraph shall not apply to individuals who are |
participating in the Fund prior to the effective date of |
this amendatory Act of the 98th General Assembly.
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(d) Become an employee of any of the following |
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participating instrumentalities on or after the effective |
date of this amendatory Act of the 99th General Assembly: |
the Illinois Municipal League; the Illinois Association of |
Park Districts; the Illinois Supervisors, County |
Commissioners and Superintendents of Highways Association; |
an association, or not-for-profit corporation, membership |
in which is authorized under Section 85-15 of the Township |
Code; the United Counties Council; or the Will County |
Governmental League. |
(3) All persons, including, without limitation, public |
defenders and
probation officers, who receive earnings from |
general or special funds
of a county for performance of |
personal services or official duties
within the territorial |
limits of the county, are employees of the county
(unless |
excluded by subsection (2) of this Section) notwithstanding |
that
they may be appointed by and are subject to the direction |
of a person or
persons other than a county board or a county |
officer. It is hereby
established that an employer-employee |
relationship under the usual
common law rules exists between |
such employees and the county paying
their salaries by reason |
of the fact that the county boards fix their
rates of |
compensation, appropriate funds for payment of their earnings
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and otherwise exercise control over them. This finding and this
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amendatory Act shall apply to all such employees from the date |
of
appointment whether such date is prior to or after the |
effective date of
this amendatory Act and is intended to |
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clarify existing law pertaining
to their status as |
participating employees in the Fund.
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(Source: P.A. 99-830, eff. 1-1-17; 100-281, eff. 8-24-17.)
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(40 ILCS 5/7-109.3) (from Ch. 108 1/2, par. 7-109.3)
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Sec. 7-109.3. "Sheriff's Law Enforcement Employees".
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(a) "Sheriff's law enforcement employee" or "SLEP" means:
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(1) A county sheriff and all deputies, other than |
special deputies,
employed on a full time basis in the |
office of the sheriff.
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(2) A person who has elected to participate in this |
Fund under Section
3-109.1 of this Code, and who is |
employed by a participating municipality
to perform police |
duties.
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(3) A law enforcement officer employed on a full time |
basis by a Forest
Preserve District, provided that such |
officer shall be deemed a "sheriff's
law enforcement |
employee" for the purposes of this Article, and service in
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that capacity shall be deemed to be service as a sheriff's |
law enforcement
employee, only if the board of |
commissioners of the District have so
elected by adoption |
of an affirmative resolution. Such election, once made,
may |
not be rescinded.
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(4) A person not eligible to participate in a fund |
established under
Article 3 of this Code who is employed on |
a full-time basis by a
participating municipality or |
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participating instrumentality to perform
police duties at |
an airport, but only if the governing authority of the
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employer has approved sheriff's law enforcement employee |
status for its
airport police employees by adoption of an |
affirmative resolution. Such
approval, once given, may not |
be rescinded.
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(5) A person first hired on or after January 1, 2011 |
who (i) is employed by a participating municipality that |
has both 30 or more full-time police officers and 50 or |
more full-time firefighters and has not established a fund |
under
Article 3 or Article 4 of this Code and (ii) is |
employed on a full-time basis by that
participating |
municipality to perform
police duties or firefighting and |
EMS duties; but only if the governing authority of that |
municipality has approved sheriff's law enforcement |
employee status for its
police officer or firefighter |
employees by adoption of an affirmative resolution. The |
resolution must specify that SLEP status shall be |
applicable to such employment occurring on or after the |
adoption of the resolution. Such resolution shall be |
irrevocable, but shall automatically terminate upon the |
establishment of an Article 3 or 4 fund by the |
municipality. |
(b) An employee who is a sheriff's law enforcement employee |
and is granted
military leave or authorized leave of absence |
shall receive service credit in
that capacity. Sheriff's law |