Illinois General Assembly - Full Text of HB3865
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Full Text of HB3865  97th General Assembly


Sen. John J. Cullerton

Filed: 5/30/2012





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2    AMENDMENT NO. ______. Amend House Bill 3865, AS AMENDED,
3with reference to page and line numbers of Senate Amendment No.
43, as follows:
5on page 13, in line 19, immediately after "14-135.08," by
6inserting "15-106"; and
7on page 50, in line 1, by replacing "Section Section" with
8"Section"; and
9by replacing line 1 on page 70 through line 20 on page 74 with
10the following:
11    "(40 ILCS 5/7-109)  (from Ch. 108 1/2, par. 7-109)
12    Sec. 7-109. Employee.
13    (1) "Employee" means any person who:
14        (a) 1. Receives earnings as payment for the performance



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1        of personal services or official duties out of the
2        general fund of a municipality, or out of any special
3        fund or funds controlled by a municipality, or by an
4        instrumentality thereof, or a participating
5        instrumentality, including, in counties, the fees or
6        earnings of any county fee office; and
7            2. Under the usual common law rules applicable in
8        determining the employer-employee relationship, has
9        the status of an employee with a municipality, or any
10        instrumentality thereof, or a participating
11        instrumentality, including aldermen, county
12        supervisors and other persons (excepting those
13        employed as independent contractors) who are paid
14        compensation, fees, allowances or other emolument for
15        official duties, and, in counties, the several county
16        fee offices.
17        (b) Serves as a township treasurer appointed under the
18    School Code, as heretofore or hereafter amended, and who
19    receives for such services regular compensation as
20    distinguished from per diem compensation, and any regular
21    employee in the office of any township treasurer whether or
22    not his earnings are paid from the income of the permanent
23    township fund or from funds subject to distribution to the
24    several school districts and parts of school districts as
25    provided in the School Code, or from both such sources; or
26    is the chief executive officer, chief educational officer,



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



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1        (b) Are designated by the governing body of a
2    municipality in which a pension fund is required by law to
3    be established for policemen or firemen, respectively, as
4    performing police or fire protection duties, except that
5    when such persons are the heads of the police or fire
6    department and are not eligible to be included within any
7    such pension fund, they shall be included within this
8    Article; provided, that such persons shall not be excluded
9    to the extent of concurrent service and earnings not
10    designated as being for police or fire protection duties.
11    However, (i) any head of a police department who was a
12    participant under this Article immediately before October
13    1, 1977 and did not elect, under Section 3-109 of this Act,
14    to participate in a police pension fund shall be an
15    "employee", and (ii) any chief of police who elects to
16    participate in this Fund under Section 3-109.1 of this
17    Code, regardless of whether such person continues to be
18    employed as chief of police or is employed in some other
19    rank or capacity within the police department, shall be an
20    employee under this Article for so long as such person is
21    employed to perform police duties by a participating
22    municipality and has not lawfully rescinded that election.
23        (c) After August 26, 2011 (the effective date of Public
24    Act 97-609) this amendatory Act of the 97th General
25    Assembly, are contributors to or eligible to contribute to
26    a Taft-Hartley pension plan established on or before June



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1    1, 2011 and are employees of a theatre, arena, or
2    convention center that is located in a municipality located
3    in a county with a population greater than 5,000,000, and
4    to which the participating municipality is required to
5    contribute as the person's employer based on earnings from
6    the municipality. Nothing in this paragraph shall affect
7    service credit or creditable service for any period of
8    service prior to August 26, 2011 the effective date of this
9    amendatory Act of the 97th General Assembly, and this
10    paragraph shall not apply to individuals who are
11    participating in the Fund prior to August 26, 2011 the
12    effective date of this amendatory Act of the 97th General
13    Assembly.
14        (d) Become an employee of any of the following
15    participating instrumentalities on or after the effective
16    date of this amendatory Act of the 97th General Assembly:
17    the Illinois Municipal League; the Illinois Association of
18    Park Districts; the Illinois Supervisors, County
19    Commissioners and Superintendents of Highways Association;
20    an association, or not-for-profit corporation, membership
21    in which is authorized under Section 85-15 of the Township
22    Code; the United Counties Council; or the Will County
23    Governmental League.
24    (3) All persons, including, without limitation, public
25defenders and probation officers, who receive earnings from
26general or special funds of a county for performance of



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1personal services or official duties within the territorial
2limits of the county, are employees of the county (unless
3excluded by subsection (2) of this Section) notwithstanding
4that they may be appointed by and are subject to the direction
5of a person or persons other than a county board or a county
6officer. It is hereby established that an employer-employee
7relationship under the usual common law rules exists between
8such employees and the county paying their salaries by reason
9of the fact that the county boards fix their rates of
10compensation, appropriate funds for payment of their earnings
11and otherwise exercise control over them. This finding and this
12amendatory Act shall apply to all such employees from the date
13of appointment whether such date is prior to or after the
14effective date of this amendatory Act and is intended to
15clarify existing law pertaining to their status as
16participating employees in the Fund.
17(Source: P.A. 97-429, eff. 8-16-11; 97-609, eff. 8-26-11;
18revised 9-28-11.)"; and
19on page 79, immediately below line 7, by inserting the
21    "(40 ILCS 5/15-106)  (from Ch. 108 1/2, par. 15-106)
22    Sec. 15-106. Employer. "Employer": The University of
23Illinois, Southern Illinois University, Chicago State
24University, Eastern Illinois University, Governors State



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1University, Illinois State University, Northeastern Illinois
2University, Northern Illinois University, Western Illinois
3University, the State Board of Higher Education, the Illinois
4Mathematics and Science Academy, the University Civil Service
5Merit Board, the Board of Trustees of the State Universities
6Retirement System, the Illinois Community College Board,
7community college boards, any association of community college
8boards organized under Section 3-55 of the Public Community
9College Act, the Board of Examiners established under the
10Illinois Public Accounting Act, and, only during the period for
11which employer contributions required under Section 15-155 are
12paid, the following organizations: the alumni associations,
13the foundations and the athletic associations which are
14affiliated with the universities and colleges included in this
15Section as employers. An individual that begins employment
16after the effective date of this amendatory Act of the 97th
17General Assembly with an entity not defined as an employer in
18this Section shall not be deemed an employee for the purposes
19of this Article with respect to that employment and shall not
20be eligible to participate in the System with respect to that
21employment; provided, however, that those individuals who are
22both employed and already participants in the System on the
23effective date of this amendatory Act of the 97th General
24Assembly shall be allowed to continue as participants in the
25System for the duration of that employment.
26    Notwithstanding any provision of law to the contrary, an



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1individual who begins employment with any of the following
2employers on or after the effective date of this amendatory Act
3of the 97th General Assembly shall not be deemed an employee
4and shall not be eligible to participate in the System with
5respect to that employment: any association of community
6college boards organized under Section 3-55 of the Public
7Community College Act, the Association of Illinois
8Middle-Grade Schools, the Illinois Association of School
9Administrators, the Illinois Association for Supervision and
10Curriculum Development, the Illinois Principals Association,
11the Illinois Association of School Business Officials, or the
12Illinois Special Olympics; provided, however, that those
13individuals who are both employed and already participants in
14the System on the effective date of this amendatory Act of the
1597th General Assembly shall be allowed to continue as
16participants in the System for the duration of that employment.
17    A department as defined in Section 14-103.04 is an employer
18for any person appointed by the Governor under the Civil
19Administrative Code of Illinois who is a participating employee
20as defined in Section 15-109. The Department of Central
21Management Services is an employer with respect to persons
22employed by the State Board of Higher Education in positions
23with the Illinois Century Network as of June 30, 2004 who
24remain continuously employed after that date by the Department
25of Central Management Services in positions with the Illinois
26Century Network, the Bureau of Communication and Computer



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1Services, or, if applicable, any successor bureau.
2    The cities of Champaign and Urbana shall be considered
3employers, but only during the period for which contributions
4are required to be made under subsection (b-1) of Section
515-155 and only with respect to individuals described in
6subsection (h) of Section 15-107.
7(Source: P.A. 95-369, eff. 8-23-07; 95-728, eff. 7-1-08 - See
8Sec. 999.)"; and
9on page 138, in line 13, by replacing "arising" with
10"associated with the total cost of benefits accrued"; and
11on page 167, in line 21, by changing "equitable" to "equitable,
12but excluding the changes, the impact of changes, and the
13implementation of the changes set forth in this amendatory Act
14of the 97th General Assembly; and
15on page 178, in line 2, by replacing "35 through 100," with
16"40, 95, 100,"; and
17on page 178, by replacing lines 10 and 11, with the following:
18    "Sections 10, 35, and 45 through 90 of this Act, as well as
19the other provisions of Section 30 of this Act, are mutually
20dependent and inseverable. If any".