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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 10. The Illinois Pension Code is amended by | ||||||
5 | changing Section 7-137 and by adding Section 7-137.2 as | ||||||
6 | follows:
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7 | (40 ILCS 5/7-137) (from Ch. 108 1/2, par. 7-137)
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8 | Sec. 7-137. Participating and covered employees.
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9 | (a) The persons described in this paragraph (a) shall be | ||||||
10 | included within
and be subject to this Article and eligible to | ||||||
11 | benefits from this fund,
beginning upon the dates hereinafter | ||||||
12 | specified:
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13 | 1. Except as to the employees specifically excluded | ||||||
14 | under the
provisions of this Article, all persons who are | ||||||
15 | employees of any
municipality (or instrumentality thereof) | ||||||
16 | or participating
instrumentality on the effective date of | ||||||
17 | participation of the
municipality or participating | ||||||
18 | instrumentality beginning upon such
effective date.
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19 | 2. Except as to the employees specifically excluded | ||||||
20 | under the
provisions of this Article, all persons, who | ||||||
21 | became employees of any
participating municipality (or | ||||||
22 | instrumentality thereof) or participating
instrumentality | ||||||
23 | after the effective date of participation of such
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1 | municipality or participating instrumentality, beginning | ||||||
2 | upon the date
such person becomes an employee.
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3 | 3. All persons who file notice with the board as | ||||||
4 | provided in
paragraph (b) 2 and 3 of this Section, | ||||||
5 | beginning upon the date of filing
such notice.
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6 | (b) The following described persons shall not be considered
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7 | participating employees eligible for benefits from this fund, | ||||||
8 | but shall
be included within and be subject to this Article | ||||||
9 | (each of the
descriptions is not exclusive but is cumulative):
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10 | 1. Any person who occupies an office or is employed in | ||||||
11 | a position
normally requiring performance of duty during | ||||||
12 | less than 600 hours a year
for a municipality (including | ||||||
13 | all instrumentalities thereof) or a
participating | ||||||
14 | instrumentality. If a school treasurer performs services
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15 | for more than one school district, the total number of | ||||||
16 | hours of service
normally required for the several school | ||||||
17 | districts shall be considered
to determine whether he | ||||||
18 | qualifies under this paragraph;
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19 | 2. Except as provided in items 2.5 and 2.6, any Any | ||||||
20 | person who holds elective office unless he has elected | ||||||
21 | while
in that office in a written notice on file with the | ||||||
22 | board to become a
participating employee;
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23 | 2.5. Except as provided in item 2.6, any person who | ||||||
24 | holds elective office as a member of a county board, | ||||||
25 | unless: | ||||||
26 | (i) the person was first elected as a member of a |
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1 | county board before the effective date of this | ||||||
2 | amendatory Act of the 99th General Assembly; | ||||||
3 | (ii) the person has elected while in that office, | ||||||
4 | in a written notice on file with the board, to become a | ||||||
5 | participating employee; | ||||||
6 | (iii) the county board has filed the resolution | ||||||
7 | required by subsection (a) of Section 7-137.2 of this | ||||||
8 | Article; and | ||||||
9 | (iv) the person has submitted the required time | ||||||
10 | sheets evidencing that the person has met the hourly | ||||||
11 | standard as required by subsection (b) of Section | ||||||
12 | 7-137.2 of this Article; | ||||||
13 | 2.6. Any person who is an elected member of a county
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14 | board and is first so elected on or after the effective
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15 | date of this amendatory Act of the 99th General Assembly;
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16 | 3. Any person working for a city hospital unless any | ||||||
17 | such person,
while in active employment, has elected in a | ||||||
18 | written notice on file with
the board to become a | ||||||
19 | participating employee and notification thereof is
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20 | received by the board;
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21 | 4. Any person who becomes an employee after June 30, | ||||||
22 | 1979 as a public
service employment program participant | ||||||
23 | under the federal Comprehensive
Employment and Training | ||||||
24 | Act and whose wages or fringe benefits are paid in
whole or | ||||||
25 | in part by funds provided under such Act;
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26 | 5. Any person who is actively employed by a |
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1 | municipality on its effective date of participation in the | ||||||
2 | Fund if that municipality (i) has at least 35 employees on | ||||||
3 | its effective date of participation; (ii) is located in a | ||||||
4 | county with at least 2,000,000 inhabitants; and (iii) | ||||||
5 | maintains an independent defined benefit pension plan for | ||||||
6 | the benefit of its eligible employees, unless the person | ||||||
7 | files with the board within 90 days after the | ||||||
8 | municipality's effective date of participation an | ||||||
9 | irrevocable election to participate.
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10 | (c) Any person electing to be a participating employee, | ||||||
11 | pursuant to
paragraph (b) of this Section may not change such | ||||||
12 | election,
except as provided in Section 7-137.1.
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13 | (d) Any employee who occupied the position of school nurse | ||||||
14 | in any
participating municipality on August 8, 1961 and | ||||||
15 | continuously thereafter
until the effective date of the | ||||||
16 | exercise of the option authorized by
this subparagraph, who on | ||||||
17 | August 7, 1961 was a member of the Teachers'
Retirement System | ||||||
18 | of Illinois, by virtue of certification by the
Department of | ||||||
19 | Registration and Education as a public health nurse, may
elect | ||||||
20 | to terminate participation in this Fund in order to | ||||||
21 | re-establish
membership in such System. The election may be | ||||||
22 | exercised by filing
written notice thereof with the Board or | ||||||
23 | with the Board of Trustees of
said Teachers' Retirement System, | ||||||
24 | not later than September 30, 1963, and
shall be effective on | ||||||
25 | the first day of the calendar month next following
the month in | ||||||
26 | which the notice was filed. If the written notice is filed
with |
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1 | such Teachers' Retirement System, that System shall | ||||||
2 | immediately
notify this Fund, but neither failure nor delay in | ||||||
3 | notification shall
affect the validity of the employee's | ||||||
4 | election. If the option is
exercised, the Fund shall notify | ||||||
5 | such Teachers' Retirement System of
such fact and transfer to | ||||||
6 | that system the amounts contributed by the
employee to this | ||||||
7 | Fund, including interest at 3% per annum, but excluding
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8 | contributions applicable to social security coverage during | ||||||
9 | the period
beginning August 8, 1961 to the effective date of | ||||||
10 | the employee's
election. Participation in this Fund as to any | ||||||
11 | credits on or after
August 8, 1961 and up to the effective date | ||||||
12 | of the employee's election
shall terminate on such effective | ||||||
13 | date.
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14 | (e) Any participating municipality or participating | ||||||
15 | instrumentality,
other than a school district or special | ||||||
16 | education joint agreement created
under Section 10-22.31 of the | ||||||
17 | School Code, may, by a resolution or
ordinance duly adopted by | ||||||
18 | its governing body, elect to exclude from
participation and | ||||||
19 | eligibility for benefits all persons who are employed
after the | ||||||
20 | effective date of such resolution or ordinance and who occupy | ||||||
21 | an
office or are employed in a position normally requiring | ||||||
22 | performance of duty
for less than 1000 hours per year for the | ||||||
23 | participating municipality
(including all instrumentalities | ||||||
24 | thereof) or participating instrumentality
except for persons | ||||||
25 | employed in a position normally requiring performance of
duty | ||||||
26 | for 600 hours or more per year (i) by such participating |
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1 | municipality
or participating instrumentality prior to the | ||||||
2 | effective date of the
resolution or ordinance and (ii) by a
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3 | participating municipality or participating instrumentality, | ||||||
4 | which had not
adopted such a resolution when the person was | ||||||
5 | employed, and the function
served by the employee's position is | ||||||
6 | assumed by another participating
municipality or participating | ||||||
7 | instrumentality. Notwithstanding
the foregoing, a | ||||||
8 | participating municipality or participating
instrumentality | ||||||
9 | which is formed solely to succeed to the functions of a
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10 | participating municipality or participating instrumentality | ||||||
11 | shall be
considered to have adopted any such resolution or | ||||||
12 | ordinance which may have
been applicable to the employees | ||||||
13 | performing such functions. The election
made by the resolution | ||||||
14 | or ordinance shall take effect at the time specified
in the | ||||||
15 | resolution or ordinance, and once effective shall be | ||||||
16 | irrevocable.
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17 | (Source: P.A. 96-1140, eff. 7-21-10; 97-328, eff. 8-12-11; | ||||||
18 | 97-609, eff. 1-1-12.)
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19 | (40 ILCS 5/7-137.2 new) | ||||||
20 | Sec. 7-137.2. Participation by elected members of county | ||||||
21 | boards. | ||||||
22 | (a) An elected member of a county board is not eligible to | ||||||
23 | participate in the Fund with respect to that position unless | ||||||
24 | the county board has adopted a resolution, after public debate | ||||||
25 | and in a form acceptable to the Fund, certifying that persons |
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1 | in the position of elected member of the county board are | ||||||
2 | expected to work at least 600 hours annually (or 1000 hours | ||||||
3 | annually in a county that has adopted a resolution pursuant to | ||||||
4 | subsection (e) of Section 7-137 of this Code). The resolution | ||||||
5 | must be adopted and filed with the Fund no more than 90 days | ||||||
6 | after each general election in which a member of the county | ||||||
7 | board is elected. | ||||||
8 | (b) An elected member of a county board that participates | ||||||
9 | in the Fund with respect to that position shall monthly submit, | ||||||
10 | to the county fiscal officer, time sheets documenting the time | ||||||
11 | spent on official government business as an elected member of | ||||||
12 | the county board. The time sheets shall be (1) submitted on | ||||||
13 | paper or electronically, or both, and (2) maintained by the | ||||||
14 | county board for 5 years. An elected member of a county board | ||||||
15 | who fails to submit time sheets or fails to conduct official | ||||||
16 | government business with respect to that position for either | ||||||
17 | 600 hours or 1000 hours (whichever is applicable) annually | ||||||
18 | shall not be permitted to continue participation in the Fund as | ||||||
19 | an elected member of a county board. The Fund may request that | ||||||
20 | the governing body certify that an elected member of a county | ||||||
21 | board is permitted to continue participation with respect to | ||||||
22 | that position.
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23 | Section 99. Effective date. This Act takes effect upon | ||||||
24 | becoming law. |