SB2107 EngrossedLRB102 16153 RPS 21529 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
5changing Sections 7-108, 7-109, and 7-132 as follows:
 
6    (40 ILCS 5/7-108)  (from Ch. 108 1/2, par. 7-108)
7    Sec. 7-108. "Participating Instrumentality". :
8    (a) A political entity created under the laws of the State
9of Illinois, without general continuous power to levy taxes,
10and which is legally separate and distinct from the State of
11Illinois and any municipality and whose employees by reason of
12their relation to such political entity are not employees of
13the State of Illinois or a municipality; for the purposes of
14providing annuities and benefits to its employees, the Police
15Officers' Pension Investment Fund, as created under Article
1622B of this Code; and for the purposes of providing annuities
17and benefits to its employees, the Firefighters' Pension
18Investment Fund, as created under Article 22C of this Code.
19    (b) A not-for-profit organization, which is incorporated
20under the laws of the State of Illinois, or an association,
21membership in which is limited to municipalities or limited to
22townships and authorized by statute.
23(Source: P.A. 77-1615.)
 

 

 

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1    (40 ILCS 5/7-109)  (from Ch. 108 1/2, par. 7-109)
2    Sec. 7-109. Employee.
3    (1) "Employee" means any person who:
4        (a) 1. Receives earnings as payment for the
5    performance of personal services or official duties out of
6    the general fund of a municipality, or out of any special
7    fund or funds controlled by a municipality, or by an
8    instrumentality thereof, or a participating
9    instrumentality, including, in counties, the fees or
10    earnings of any county fee office; and
11        2. Under the usual common law rules applicable in
12    determining the employer-employee relationship, has the
13    status of an employee with a municipality, or any
14    instrumentality thereof, or a participating
15    instrumentality, including aldermen, county supervisors
16    and other persons (excepting those employed as independent
17    contractors) who are paid compensation, fees, allowances
18    or other emolument for official duties, and, in counties,
19    the several county fee offices.
20        (b) Serves as a township treasurer appointed under the
21    School Code, as heretofore or hereafter amended, and who
22    receives for such services regular compensation as
23    distinguished from per diem compensation, and any regular
24    employee in the office of any township treasurer whether
25    or not his earnings are paid from the income of the

 

 

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1    permanent township fund or from funds subject to
2    distribution to the several school districts and parts of
3    school districts as provided in the School Code, or from
4    both such sources; or is the chief executive officer,
5    chief educational officer, chief fiscal officer, or other
6    employee of a Financial Oversight Panel established
7    pursuant to Article 1H of the School Code, other than a
8    superintendent or certified school business official,
9    except that such person shall not be treated as an
10    employee under this Section if that person has negotiated
11    with the Financial Oversight Panel, in conjunction with
12    the school district, a contractual agreement for exclusion
13    from this Section.
14        (c) Holds an elective office in a municipality,
15    instrumentality thereof or participating instrumentality.
16    (2) "Employee" does not include persons who:
17        (a) Are eligible for inclusion under any of the
18    following laws:
19            1. "An Act in relation to an Illinois State
20        Teachers' Pension and Retirement Fund", approved May
21        27, 1915, as amended;
22            2. Articles 15 and 16 of this Code.
23        However, such persons shall be included as employees
24    to the extent of earnings that are not eligible for
25    inclusion under the foregoing laws for services not of an
26    instructional nature of any kind.

 

 

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1        However, any member of the armed forces who is
2    employed as a teacher of subjects in the Reserve Officers
3    Training Corps of any school and who is not certified
4    under the law governing the certification of teachers
5    shall be included as an employee.
6        (b) Are designated by the governing body of a
7    municipality in which a pension fund is required by law to
8    be established for policemen or firemen, respectively, as
9    performing police or fire protection duties, except that
10    when such persons are the heads of the police or fire
11    department and are not eligible to be included within any
12    such pension fund, they shall be included within this
13    Article; provided, that such persons shall not be excluded
14    to the extent of concurrent service and earnings not
15    designated as being for police or fire protection duties.
16    However, (i) any head of a police department who was a
17    participant under this Article immediately before October
18    1, 1977 and did not elect, under Section 3-109 of this Act,
19    to participate in a police pension fund shall be an
20    "employee", and (ii) any chief of police who became a
21    participating employee under this Article before January
22    1, 2019 and who elects to participate in this Fund under
23    Section 3-109.1 of this Code, regardless of whether such
24    person continues to be employed as chief of police or is
25    employed in some other rank or capacity within the police
26    department, shall be an employee under this Article for so

 

 

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1    long as such person is employed to perform police duties
2    by a participating municipality and has not lawfully
3    rescinded that election.
4        (b-5) Were not participating employees under this
5    Article before the effective date of this amendatory Act
6    of the 100th General Assembly and participated as a chief
7    of police in a fund under Article 3 and return to work in
8    any capacity with the police department, with any
9    oversight of the police department, or in an advisory
10    capacity for the police department with the same
11    municipality with which that pension was earned,
12    regardless of whether they are considered an employee of
13    the police department or are eligible for inclusion in the
14    municipality's Article 3 fund.
15        (c) Are contributors to or eligible to contribute to a
16    Taft-Hartley pension plan to which the participating
17    municipality is required to contribute as the person's
18    employer based on earnings from the municipality. Nothing
19    in this paragraph shall affect service credit or
20    creditable service for any period of service prior to the
21    effective date of this amendatory Act of the 98th General
22    Assembly, and this paragraph shall not apply to
23    individuals who are participating in the Fund prior to the
24    effective date of this amendatory Act of the 98th General
25    Assembly.
26        (d) Become an employee of any of the following

 

 

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1    participating instrumentalities on or after the effective
2    date of this amendatory Act of the 99th General Assembly:
3    the Illinois Municipal League; the Illinois Association of
4    Park Districts; the Illinois Supervisors, County
5    Commissioners and Superintendents of Highways Association;
6    an association, or not-for-profit corporation, membership
7    in which is authorized under Section 85-15 of the Township
8    Code; the United Counties Council; or the Will County
9    Governmental League.
10        (e) Are members of the Board of Trustees of the
11    Firefighters' Pension Investment Fund, as created under
12    Article 22C of this Code, in their capacity as members of
13    the Board of Trustees of the Firefighters' Pension
14    Investment Fund.
15        (f) Are members of the Board of Trustees of the Police
16    Officers' Pension Investment Fund, as created under
17    Article 22B of this Code, in their capacity as members of
18    the Board of Trustees of the Police Officers' Pension
19    Investment Fund.
20    (3) All persons, including, without limitation, public
21defenders and probation officers, who receive earnings from
22general or special funds of a county for performance of
23personal services or official duties within the territorial
24limits of the county, are employees of the county (unless
25excluded by subsection (2) of this Section) notwithstanding
26that they may be appointed by and are subject to the direction

 

 

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1of a person or persons other than a county board or a county
2officer. It is hereby established that an employer-employee
3relationship under the usual common law rules exists between
4such employees and the county paying their salaries by reason
5of the fact that the county boards fix their rates of
6compensation, appropriate funds for payment of their earnings
7and otherwise exercise control over them. This finding and
8this amendatory Act shall apply to all such employees from the
9date of appointment whether such date is prior to or after the
10effective date of this amendatory Act and is intended to
11clarify existing law pertaining to their status as
12participating employees in the Fund.
13(Source: P.A. 99-830, eff. 1-1-17; 100-281, eff. 8-24-17;
14100-1097, eff. 8-26-18.)
 
15    (40 ILCS 5/7-132)   (from Ch. 108 1/2, par. 7-132)
16    Sec. 7-132. Municipalities, instrumentalities and
17participating instrumentalities included and effective dates.
 
18(A) Municipalities and their instrumentalities.
19    (a) The following described municipalities, but not
20including any with more than 1,000,000 inhabitants, and the
21instrumentalities thereof, shall be included within and be
22subject to this Article beginning upon the effective dates
23specified by the Board:
24        (1) Except as to the municipalities and

 

 

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1    instrumentalities thereof specifically excluded under this
2    Article, every county shall be subject to this Article,
3    and all cities, villages and incorporated towns having a
4    population in excess of 5,000 inhabitants as determined by
5    the last preceding decennial or subsequent federal census,
6    shall be subject to this Article following publication of
7    the census by the Bureau of the Census. Within 90 days
8    after publication of the census, the Board shall notify
9    any municipality that has become subject to this Article
10    as a result of that census, and shall provide information
11    to the corporate authorities of the municipality
12    explaining the duties and consequences of participation.
13    The notification shall also include a proposed date upon
14    which participation by the municipality will commence.
15        However, for any city, village or incorporated town
16    that attains a population over 5,000 inhabitants after
17    having provided social security coverage for its employees
18    under the Social Security Enabling Act, participation
19    under this Article shall not be mandatory but may be
20    elected in accordance with subparagraph (3) or (4) of this
21    paragraph (a), whichever is applicable.
22        (2) School districts, other than those specifically
23    excluded under this Article, shall be subject to this
24    Article, without election, with respect to all employees
25    thereof.
26        (3) Towns and all other bodies politic and corporate

 

 

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1    which are formed by vote of, or are subject to control by,
2    the electors in towns and are located in towns which are
3    not participating municipalities on the effective date of
4    this Act, may become subject to this Article by election
5    pursuant to Section 7-132.1.
6        (4) Any other municipality (together with its
7    instrumentalities), other than those specifically excluded
8    from participation and those described in paragraph (3)
9    above, may elect to be included either by referendum under
10    Section 7-134 or by the adoption of a resolution or
11    ordinance by its governing body. A copy of such resolution
12    or ordinance duly authenticated and certified by the clerk
13    of the municipality or other appropriate official of its
14    governing body shall constitute the required notice to the
15    board of such action.
16    (b) A municipality that is about to begin participation
17shall submit to the Board an application to participate, in a
18form acceptable to the Board, not later than 90 days prior to
19the proposed effective date of participation. The Board shall
20act upon the application within 90 days, and if it finds that
21the application is in conformity with its requirements and the
22requirements of this Article, participation by the applicant
23shall commence on a date acceptable to the municipality and
24specified by the Board, but in no event more than one year from
25the date of application.
26    (c) A participating municipality which succeeds to the

 

 

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1functions of a participating municipality which is dissolved
2or terminates its existence shall assume and be transferred
3the net accumulation balance in the municipality reserve and
4the municipality account receivable balance of the terminated
5municipality.
6    (d) In the case of a Veterans Assistance Commission whose
7employees were being treated by the Fund on January 1, 1990 as
8employees of the county served by the Commission, the Fund may
9continue to treat the employees of the Veterans Assistance
10Commission as county employees for the purposes of this
11Article, unless the Commission becomes a participating
12instrumentality in accordance with subsection (B) of this
13Section.
 
14(B) Participating instrumentalities.
15    (a) The participating instrumentalities designated in
16paragraph (b) of this subsection shall be included within and
17be subject to this Article if:
18        (1) an application to participate, in a form
19    acceptable to the Board and adopted by a two-thirds vote
20    of the governing body, is presented to the Board not later
21    than 90 days prior to the proposed effective date; and
22        (2) the Board finds that the application is in
23    conformity with its requirements, that the applicant has
24    reasonable expectation to continue as a political entity
25    for a period of at least 10 years and has the prospective

 

 

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1    financial capacity to meet its current and future
2    obligations to the Fund, and that the actuarial soundness
3    of the Fund may be reasonably expected to be unimpaired by
4    approval of participation by the applicant.
5    The Board shall notify the applicant of its findings
6within 90 days after receiving the application, and if the
7Board approves the application, participation by the applicant
8shall commence on the effective date specified by the Board.
9    (b) The following participating instrumentalities, so long
10as they meet the requirements of Section 7-108 and the area
11served by them or within their jurisdiction is not located
12entirely within a municipality having more than one million
13inhabitants, may be included hereunder:
14        i. Township School District Trustees.
15        ii. Multiple County and Consolidated Health
16    Departments created under Division 5-25 of the Counties
17    Code or its predecessor law.
18        iii. Public Building Commissions created under the
19    Public Building Commission Act, and located in counties of
20    less than 1,000,000 inhabitants.
21        iv. A multitype, consolidated or cooperative library
22    system created under the Illinois Library System Act. Any
23    library system created under the Illinois Library System
24    Act that has one or more predecessors that participated in
25    the Fund may participate in the Fund upon application. The
26    Board shall establish procedures for implementing the

 

 

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1    transfer of rights and obligations from the predecessor
2    system to the successor system.
3        v. Regional Planning Commissions created under
4    Division 5-14 of the Counties Code or its predecessor law.
5        vi. Local Public Housing Authorities created under the
6    Housing Authorities Act, located in counties of less than
7    1,000,000 inhabitants.
8        vii. Illinois Municipal League.
9        viii. Northeastern Illinois Metropolitan Area Planning
10    Commission.
11        ix. Southwestern Illinois Metropolitan Area Planning
12    Commission.
13        x. Illinois Association of Park Districts.
14        xi. Illinois Supervisors, County Commissioners and
15    Superintendents of Highways Association.
16        xii. Tri-City Regional Port District.
17        xiii. An association, or not-for-profit corporation,
18    membership in which is authorized under Section 85-15 of
19    the Township Code.
20        xiv. Drainage Districts operating under the Illinois
21    Drainage Code.
22        xv. Local mass transit districts created under the
23    Local Mass Transit District Act.
24        xvi. Soil and water conservation districts created
25    under the Soil and Water Conservation Districts Law.
26        xvii. Commissions created to provide water supply or

 

 

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1    sewer services or both under Division 135 or Division 136
2    of Article 11 of the Illinois Municipal Code.
3        xviii. Public water districts created under the Public
4    Water District Act.
5        xix. Veterans Assistance Commissions established under
6    Section 9 of the Military Veterans Assistance Act that
7    serve counties with a population of less than 1,000,000.
8        xx. The governing body of an entity, other than a
9    vocational education cooperative, created under an
10    intergovernmental cooperative agreement established
11    between participating municipalities under the
12    Intergovernmental Cooperation Act, which by the terms of
13    the agreement is the employer of the persons performing
14    services under the agreement under the usual common law
15    rules determining the employer-employee relationship. The
16    governing body of such an intergovernmental cooperative
17    entity established prior to July 1, 1988 may make
18    participation retroactive to the effective date of the
19    agreement and, if so, the effective date of participation
20    shall be the date the required application is filed with
21    the fund. If any such entity is unable to pay the required
22    employer contributions to the fund, then the participating
23    municipalities shall make payment of the required
24    contributions and the payments shall be allocated as
25    provided in the agreement or, if not so provided, equally
26    among them.

 

 

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1        xxi. The Illinois Municipal Electric Agency.
2        xxii. The Waukegan Port District.
3        xxiii. The Fox Waterway Agency created under the Fox
4    Waterway Agency Act.
5        xxiv. The Illinois Municipal Gas Agency.
6        xxv. The Kaskaskia Regional Port District.
7        xxvi. The Southwestern Illinois Development Authority.
8        xxvii. The Cairo Public Utility Company.
9        xxviii. Except with respect to employees who elect to
10    participate in the State Employees' Retirement System of
11    Illinois under Section 14-104.13 of this Code, the Chicago
12    Metropolitan Agency for Planning created under the
13    Regional Planning Act, provided that, with respect to the
14    benefits payable pursuant to Sections 7-146, 7-150, and
15    7-164 and the requirement that eligibility for such
16    benefits is conditional upon satisfying a minimum period
17    of service or a minimum contribution, any employee of the
18    Chicago Metropolitan Agency for Planning that was
19    immediately prior to such employment an employee of the
20    Chicago Area Transportation Study or the Northeastern
21    Illinois Planning Commission, such employee's service at
22    the Chicago Area Transportation Study or the Northeastern
23    Illinois Planning Commission and contributions to the
24    State Employees' Retirement System of Illinois established
25    under Article 14 and the Illinois Municipal Retirement
26    Fund shall count towards the satisfaction of such

 

 

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1    requirements.
2        xxix. United Counties Council (formerly the Urban
3    Counties Council), but only if the Council has a ruling
4    from the United States Internal Revenue Service that it is
5    a governmental entity.
6        xxx. The Will County Governmental League, but only if
7    the League has a ruling from the United States Internal
8    Revenue Service that it is a governmental entity.
9        xxxi. The Firefighters' Pension Investment Fund.
10        xxxii. The Police Officers' Pension Investment Fund.
11    (c) The governing boards of special education joint
12agreements created under Section 10-22.31 of the School Code
13without designation of an administrative district shall be
14included within and be subject to this Article as
15participating instrumentalities when the joint agreement
16becomes effective. However, the governing board of any such
17special education joint agreement in effect before September
185, 1975 shall not be subject to this Article unless the joint
19agreement is modified by the school districts to provide that
20the governing board is subject to this Article, except as
21otherwise provided by this Section.
22    The governing board of the Special Education District of
23Lake County shall become subject to this Article as a
24participating instrumentality on July 1, 1997. Notwithstanding
25subdivision (a)1 of Section 7-139, on the effective date of
26participation, employees of the governing board of the Special

 

 

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1Education District of Lake County shall receive creditable
2service for their prior service with that employer, up to a
3maximum of 5 years, without any employee contribution.
4Employees may establish creditable service for the remainder
5of their prior service with that employer, if any, by applying
6in writing and paying an employee contribution in an amount
7determined by the Fund, based on the employee contribution
8rates in effect at the time of application for the creditable
9service and the employee's salary rate on the effective date
10of participation for that employer, plus interest at the
11effective rate from the date of the prior service to the date
12of payment. Application for this creditable service must be
13made before July 1, 1998; the payment may be made at any time
14while the employee is still in service. The employer may elect
15to make the required contribution on behalf of the employee.
16    The governing board of a special education joint agreement
17created under Section 10-22.31 of the School Code for which an
18administrative district has been designated, if there are
19employees of the cooperative educational entity who are not
20employees of the administrative district, may elect to
21participate in the Fund and be included within this Article as
22a participating instrumentality, subject to such application
23procedures and rules as the Board may prescribe.
24    The Boards of Control of cooperative or joint educational
25programs or projects created and administered under Section
263-15.14 of the School Code, whether or not the Boards act as

 

 

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1their own administrative district, shall be included within
2and be subject to this Article as participating
3instrumentalities when the agreement establishing the
4cooperative or joint educational program or project becomes
5effective.
6    The governing board of a special education joint agreement
7entered into after June 30, 1984 and prior to September 17,
81985 which provides for representation on the governing board
9by less than all the participating districts shall be included
10within and subject to this Article as a participating
11instrumentality. Such participation shall be effective as of
12the date the joint agreement becomes effective.
13    The governing boards of educational service centers
14established under Section 2-3.62 of the School Code shall be
15included within and subject to this Article as participating
16instrumentalities. The governing boards of vocational
17education cooperative agreements created under the
18Intergovernmental Cooperation Act and approved by the State
19Board of Education shall be included within and be subject to
20this Article as participating instrumentalities. If any such
21governing boards or boards of control are unable to pay the
22required employer contributions to the fund, then the school
23districts served by such boards shall make payment of required
24contributions as provided in Section 7-172. The payments shall
25be allocated among the several school districts in proportion
26to the number of students in average daily attendance for the

 

 

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1last full school year for each district in relation to the
2total number of students in average attendance for such period
3for all districts served. If such educational service centers,
4vocational education cooperatives or cooperative or joint
5educational programs or projects created and administered
6under Section 3-15.14 of the School Code are dissolved, the
7assets and obligations shall be distributed among the
8districts in the same proportions unless otherwise provided.
9    The governing board of Paris Cooperative High School shall
10be included within and be subject to this Article as a
11participating instrumentality on the effective date of this
12amendatory Act of the 96th General Assembly. If the governing
13board of Paris Cooperative High School is unable to pay the
14required employer contributions to the fund, then the school
15districts served shall make payment of required contributions
16as provided in Section 7-172. The payments shall be allocated
17among the several school districts in proportion to the number
18of students in average daily attendance for the last full
19school year for each district in relation to the total number
20of students in average attendance for such period for all
21districts served. If Paris Cooperative High School is
22dissolved, then the assets and obligations shall be
23distributed among the districts in the same proportions unless
24otherwise provided.
25    The Philip J. Rock Center and School shall be included
26within and be subject to this Article as a participating

 

 

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1instrumentality on the effective date of this amendatory Act
2of the 97th General Assembly. The Philip J. Rock Center and
3School shall certify to the Fund the dates of service of all
4employees within 90 days of the effective date of this
5amendatory Act of the 97th General Assembly. The Fund shall
6transfer to the IMRF account of the Philip J. Rock Center and
7School all creditable service and all employer contributions
8made on behalf of the employees for service at the Philip J.
9Rock Center and School that were reported and paid to IMRF by
10another employer prior to this date. If the Philip J. Rock
11Center and School is unable to pay the required employer
12contributions to the Fund, then the amount due will be paid by
13all employers as defined in item (2) of paragraph (a) of
14subsection (A) of this Section. The payments shall be
15allocated among these employers in proportion to the number of
16students in average daily attendance for the last full school
17year for each district in relation to the total number of
18students in average attendance for such period for all
19districts. If the Philip J. Rock Center and School is
20dissolved, then its IMRF assets and obligations shall be
21distributed in the same proportions unless otherwise provided.
22    Financial Oversight Panels established under Article 1H of
23the School Code shall be included within and be subject to this
24Article as a participating instrumentality on the effective
25date of this amendatory Act of the 97th General Assembly. If
26the Financial Oversight Panel is unable to pay the required

 

 

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1employer contributions to the fund, then the school districts
2served shall make payment of required contributions as
3provided in Section 7-172. If the Financial Oversight Panel is
4dissolved, then the assets and obligations shall be
5distributed to the district served.
6    (d) The governing boards of special recreation joint
7agreements created under Section 8-10b of the Park District
8Code, operating without designation of an administrative
9district or an administrative municipality appointed to
10administer the program operating under the authority of such
11joint agreement shall be included within and be subject to
12this Article as participating instrumentalities when the joint
13agreement becomes effective. However, the governing board of
14any such special recreation joint agreement in effect before
15January 1, 1980 shall not be subject to this Article unless the
16joint agreement is modified, by the districts and
17municipalities which are parties to the agreement, to provide
18that the governing board is subject to this Article.
19    If the Board returns any employer and employee
20contributions to any employer which erroneously submitted such
21contributions on behalf of a special recreation joint
22agreement, the Board shall include interest computed from the
23end of each year to the date of payment, not compounded, at the
24rate of 7% per annum.
25    (e) Each multi-township assessment district, the board of
26trustees of which has adopted this Article by ordinance prior

 

 

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1to April 1, 1982, shall be a participating instrumentality
2included within and subject to this Article effective December
31, 1981. The contributions required under Section 7-172 shall
4be included in the budget prepared under and allocated in
5accordance with Section 2-30 of the Property Tax Code.
6    (f) The Illinois Medical District Commission created under
7the Illinois Medical District Act may be included within and
8subject to this Article as a participating instrumentality,
9notwithstanding that the location of the District is entirely
10within the City of Chicago. To become a participating
11instrumentality, the Commission must apply to the Board in the
12manner set forth in paragraph (a) of this subsection (B). If
13the Board approves the application, under the criteria and
14procedures set forth in paragraph (a) and any other applicable
15rules, criteria, and procedures of the Board, participation by
16the Commission shall commence on the effective date specified
17by the Board.
 
18(C) Prospective participants.
19     Beginning January 1, 1992, each prospective participating
20municipality or participating instrumentality shall pay to the
21Fund the cost, as determined by the Board, of a study prepared
22by the Fund or its actuary, detailing the prospective costs of
23participation in the Fund to be expected by the municipality
24or instrumentality.
25(Source: P.A. 96-211, eff. 8-10-09; 96-551, eff. 8-17-09;

 

 

SB2107 Engrossed- 22 -LRB102 16153 RPS 21529 b

196-1000, eff. 7-2-10; 96-1046, eff. 7-14-10; 97-429, eff.
28-16-11; 97-854, eff. 7-26-12.)