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1 | AN ACT concerning public employee benefits.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Pension Code is amended by changing | ||||||
5 | Section 7-137 and by adding Section 7-137.2 as follows:
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6 | (40 ILCS 5/7-137) (from Ch. 108 1/2, par. 7-137)
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7 | Sec. 7-137. Participating and covered employees.
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8 | (a) The persons described in this paragraph (a) shall be | ||||||
9 | included within
and be subject to this Article and eligible to | ||||||
10 | benefits from this fund,
beginning upon the dates hereinafter | ||||||
11 | specified:
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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.
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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
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23 | municipality or participating instrumentality, beginning |
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1 | upon the date
such person becomes an employee.
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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.
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5 | (b) The following described persons shall not be considered
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6 | participating employees eligible for benefits from this fund, | ||||||
7 | but shall
be included within and be subject to this Article | ||||||
8 | (each of the
descriptions is not exclusive but is cumulative):
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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
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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;
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18 | 2. Except as provided in item 2.5, any Any person who | ||||||
19 | holds elective office unless he has elected while
in that | ||||||
20 | office in a written notice on file with the board to become | ||||||
21 | a
participating employee;
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22 | 2.5. Any person who holds elective office as a member | ||||||
23 | of the governing body of a participating municipality, | ||||||
24 | unless: | ||||||
25 | (i) the person has elected while in that office, in | ||||||
26 | a written notice on file with the board, to become a |
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1 | participating employee; | ||||||
2 | (ii) the governing body has filed the resolution | ||||||
3 | required by subsection (a) of Section 7-137.2 of this | ||||||
4 | Article; and | ||||||
5 | (iii) the person has submitted to the authorized | ||||||
6 | agent the required logs evidencing that the person has | ||||||
7 | met the hourly standard as required by subsection (b) | ||||||
8 | of Section 7-137.2 of this Article;
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9 | 3. Any person working for a city hospital unless any | ||||||
10 | such person,
while in active employment, has elected in a | ||||||
11 | written notice on file with
the board to become a | ||||||
12 | participating employee and notification thereof is
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13 | received by the board;
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14 | 4. Any person who becomes an employee after June 30, | ||||||
15 | 1979 as a public
service employment program participant | ||||||
16 | under the federal Comprehensive
Employment and Training | ||||||
17 | Act and whose wages or fringe benefits are paid in
whole or | ||||||
18 | in part by funds provided under such Act;
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19 | 5. Any person who is actively employed by a | ||||||
20 | municipality on its effective date of participation in the | ||||||
21 | Fund if that municipality (i) has at least 35 employees on | ||||||
22 | its effective date of participation; (ii) is located in a | ||||||
23 | county with at least 2,000,000 inhabitants; and (iii) | ||||||
24 | maintains an independent defined benefit pension plan for | ||||||
25 | the benefit of its eligible employees, unless the person | ||||||
26 | files with the board within 90 days after the |
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1 | municipality's effective date of participation an | ||||||
2 | irrevocable election to participate.
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3 | (c) Any person electing to be a participating employee, | ||||||
4 | pursuant to
paragraph (b) of this Section may not change such | ||||||
5 | election,
except as provided in Section 7-137.1.
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6 | (d) Any employee who occupied the position of school nurse | ||||||
7 | in any
participating municipality on August 8, 1961 and | ||||||
8 | continuously thereafter
until the effective date of the | ||||||
9 | exercise of the option authorized by
this subparagraph, who on | ||||||
10 | August 7, 1961 was a member of the Teachers'
Retirement System | ||||||
11 | of Illinois, by virtue of certification by the
Department of | ||||||
12 | Registration and Education as a public health nurse, may
elect | ||||||
13 | to terminate participation in this Fund in order to | ||||||
14 | re-establish
membership in such System. The election may be | ||||||
15 | exercised by filing
written notice thereof with the Board or | ||||||
16 | with the Board of Trustees of
said Teachers' Retirement System, | ||||||
17 | not later than September 30, 1963, and
shall be effective on | ||||||
18 | the first day of the calendar month next following
the month in | ||||||
19 | which the notice was filed. If the written notice is filed
with | ||||||
20 | such Teachers' Retirement System, that System shall | ||||||
21 | immediately
notify this Fund, but neither failure nor delay in | ||||||
22 | notification shall
affect the validity of the employee's | ||||||
23 | election. If the option is
exercised, the Fund shall notify | ||||||
24 | such Teachers' Retirement System of
such fact and transfer to | ||||||
25 | that system the amounts contributed by the
employee to this | ||||||
26 | Fund, including interest at 3% per annum, but excluding
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1 | contributions applicable to social security coverage during | ||||||
2 | the period
beginning August 8, 1961 to the effective date of | ||||||
3 | the employee's
election. Participation in this Fund as to any | ||||||
4 | credits on or after
August 8, 1961 and up to the effective date | ||||||
5 | of the employee's election
shall terminate on such effective | ||||||
6 | date.
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7 | (e) Any participating municipality or participating | ||||||
8 | instrumentality,
other than a school district or special | ||||||
9 | education joint agreement created
under Section 10-22.31 of the | ||||||
10 | School Code, may, by a resolution or
ordinance duly adopted by | ||||||
11 | its governing body, elect to exclude from
participation and | ||||||
12 | eligibility for benefits all persons who are employed
after the | ||||||
13 | effective date of such resolution or ordinance and who occupy | ||||||
14 | an
office or are employed in a position normally requiring | ||||||
15 | performance of duty
for less than 1000 hours per year for the | ||||||
16 | participating municipality
(including all instrumentalities | ||||||
17 | thereof) or participating instrumentality
except for persons | ||||||
18 | employed in a position normally requiring performance of
duty | ||||||
19 | for 600 hours or more per year (i) by such participating | ||||||
20 | municipality
or participating instrumentality prior to the | ||||||
21 | effective date of the
resolution or ordinance and (ii) by a
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22 | participating municipality or participating instrumentality, | ||||||
23 | which had not
adopted such a resolution when the person was | ||||||
24 | employed, and the function
served by the employee's position is | ||||||
25 | assumed by another participating
municipality or participating | ||||||
26 | instrumentality. Notwithstanding
the foregoing, a |
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1 | participating municipality or participating
instrumentality | ||||||
2 | which is formed solely to succeed to the functions of a
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3 | participating municipality or participating instrumentality | ||||||
4 | shall be
considered to have adopted any such resolution or | ||||||
5 | ordinance which may have
been applicable to the employees | ||||||
6 | performing such functions. The election
made by the resolution | ||||||
7 | or ordinance shall take effect at the time specified
in the | ||||||
8 | resolution or ordinance, and once effective shall be | ||||||
9 | irrevocable.
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10 | (Source: P.A. 96-1140, eff. 7-21-10; 97-328, eff. 8-12-11; | ||||||
11 | 97-609, eff. 1-1-12.)
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12 | (40 ILCS 5/7-137.2 new) | ||||||
13 | Sec. 7-137.2. Participation by elected members of | ||||||
14 | municipal governing bodies. | ||||||
15 | (a) An elected member of the governing body of a | ||||||
16 | participating municipality is not eligible to participate in | ||||||
17 | the Fund with respect to that position unless the governing | ||||||
18 | body of the municipality has adopted a resolution, after public | ||||||
19 | debate and in a form acceptable to the Fund, certifying that | ||||||
20 | persons in the position of elected member of the governing body | ||||||
21 | are expected to work at least 600 hours annually (or 1000 hours | ||||||
22 | annually in a participating municipality that has adopted a | ||||||
23 | resolution pursuant to subsection (e) of Section 7-137 of this | ||||||
24 | Code). The resolution must be adopted and filed with the Fund | ||||||
25 | no more than 90 days after each general election in which a |
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1 | member of the governing body is elected. | ||||||
2 | (b) An elected member of the governing body of a | ||||||
3 | participating municipality who participates in the Fund with | ||||||
4 | respect to that position must maintain a log of time worked in | ||||||
5 | that position and file the log with the authorized agent | ||||||
6 | semi-annually. To support participation in the Fund, the log | ||||||
7 | must show that the member works in that position at least 600 | ||||||
8 | hours annually (or 1000 hours annually in a participating | ||||||
9 | municipality that has adopted a resolution pursuant to | ||||||
10 | subsection (e) of Section 7-137 of this Code). The log shall be | ||||||
11 | made available to the Fund upon request and shall be maintained | ||||||
12 | by the authorized agent for at least 5 years after the log is | ||||||
13 | filed with the authorized agent.
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