Full Text of HB3902 98th General Assembly
HB3902ham001 98TH GENERAL ASSEMBLY | Rep. Daniel V. Beiser Filed: 3/26/2014
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| 1 | | AMENDMENT TO HOUSE BILL 3902
| 2 | | AMENDMENT NO. ______. Amend House Bill 3902 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Pension Code is amended by | 5 | | changing Section 7-109 as follows:
| 6 | | (40 ILCS 5/7-109) (from Ch. 108 1/2, par. 7-109)
| 7 | | (Text of Section before amendment by P.A. 98-599 )
| 8 | | Sec. 7-109. Employee.
| 9 | | (1) "Employee" means any person who:
| 10 | | (a) 1. Receives earnings as payment for the performance | 11 | | of personal
services or official duties out of the | 12 | | general fund of a municipality,
or out of any special | 13 | | fund or funds controlled by a municipality, or by
an | 14 | | instrumentality thereof, or a participating | 15 | | instrumentality, including,
in counties, the fees or | 16 | | earnings of any county fee office; and
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| 1 | | 2. Under the usual common law rules applicable in | 2 | | determining the
employer-employee relationship, has | 3 | | the status of an employee with a
municipality, or any | 4 | | instrumentality thereof, or a participating
| 5 | | instrumentality, including aldermen, county | 6 | | supervisors and other
persons (excepting those | 7 | | employed as independent contractors) who are
paid | 8 | | compensation, fees, allowances or other emolument for | 9 | | official
duties, and, in counties, the several county | 10 | | fee offices.
| 11 | | (b) Serves as a township treasurer appointed under the | 12 | | School
Code, as heretofore or hereafter amended, and
who | 13 | | receives for such services regular compensation as | 14 | | distinguished
from per diem compensation, and any regular | 15 | | employee in the office of
any township treasurer whether or | 16 | | not his earnings are paid from the
income of the permanent | 17 | | township fund or from funds subject to
distribution to the | 18 | | several school districts and parts of school
districts as | 19 | | provided in the School Code, or from both such sources; or | 20 | | is the chief executive officer, chief educational officer, | 21 | | chief fiscal officer, or other employee of a Financial | 22 | | Oversight Panel established pursuant to Article 1H of the | 23 | | School Code, other than a superintendent or certified | 24 | | school business official, except that such person shall not | 25 | | be treated as an employee under this Section if that person | 26 | | has negotiated with the Financial Oversight Panel, in |
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| 1 | | conjunction with the school district, a contractual | 2 | | agreement for exclusion from this Section.
| 3 | | (c) Holds an elective office in a municipality, | 4 | | instrumentality
thereof or participating instrumentality.
| 5 | | (2) "Employee" does not include persons who:
| 6 | | (a) Are eligible for inclusion under any of the | 7 | | following laws:
| 8 | | 1. "An Act in relation to an Illinois State | 9 | | Teachers' Pension and
Retirement Fund", approved May | 10 | | 27, 1915, as amended;
| 11 | | 2. Articles 15 and 16 of this Code.
| 12 | | However, such persons shall be included as employees to | 13 | | the extent of
earnings that are not eligible for inclusion | 14 | | under the foregoing laws
for services not of an | 15 | | instructional nature of any kind.
| 16 | | However, any member of the armed forces who is employed | 17 | | as a teacher
of subjects in the Reserve Officers Training | 18 | | Corps of any school and who
is not certified under the law | 19 | | governing the certification of teachers
shall be included | 20 | | as an employee.
| 21 | | (b) Are designated by the governing body of a | 22 | | municipality in which a
pension fund is required by law to | 23 | | be established for policemen or
firemen, respectively, as | 24 | | performing police or fire protection duties,
except that | 25 | | when such persons are the heads of the police or fire
| 26 | | department and are not eligible to be included within any |
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| 1 | | such pension
fund, they shall be included within this | 2 | | Article; provided, that such
persons shall not be excluded | 3 | | to the extent of concurrent service and
earnings not | 4 | | designated as being for police or fire protection duties.
| 5 | | However, (i) any head of a police department who was a | 6 | | participant under this
Article immediately before October | 7 | | 1, 1977 and did not elect, under Section
3-109 of this Act, | 8 | | to participate in a police pension fund shall be an
| 9 | | "employee", and (ii) any chief of police who elects to | 10 | | participate in this
Fund under Section 3-109.1 of this | 11 | | Code, regardless of whether such person
continues to be | 12 | | employed as chief of police or is employed in some other
| 13 | | rank or capacity within the police department, shall be an | 14 | | employee under
this Article for so long as such person is | 15 | | employed to perform police
duties by a participating | 16 | | municipality and has not lawfully rescinded that
election. | 17 | | (c) Are After August 26, 2011 (the effective date of | 18 | | Public Act 97-609), are contributors to or eligible to | 19 | | contribute to a Taft-Hartley pension plan established on or | 20 | | before June 1, 2011 and are employees of a theatre, arena, | 21 | | or convention center that is located in a municipality | 22 | | located in a county with a population greater than | 23 | | 5,000,000, and to which the participating municipality is | 24 | | required to contribute as the person's employer based on | 25 | | earnings from the municipality. Nothing in this paragraph | 26 | | shall affect service credit or creditable service for any |
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| 1 | | period of service prior to the effective date of this | 2 | | amendatory Act of the 98th General Assembly August 26, | 3 | | 2011 , and this paragraph shall not apply to individuals who | 4 | | are participating in the Fund prior to the effective date | 5 | | of this amendatory Act of the 98th General Assembly August | 6 | | 26, 2011 .
| 7 | | (3) All persons, including, without limitation, public | 8 | | defenders and
probation officers, who receive earnings from | 9 | | general or special funds
of a county for performance of | 10 | | personal services or official duties
within the territorial | 11 | | limits of the county, are employees of the county
(unless | 12 | | excluded by subsection (2) of this Section) notwithstanding | 13 | | that
they may be appointed by and are subject to the direction | 14 | | of a person or
persons other than a county board or a county | 15 | | officer. It is hereby
established that an employer-employee | 16 | | relationship under the usual
common law rules exists between | 17 | | such employees and the county paying
their salaries by reason | 18 | | of the fact that the county boards fix their
rates of | 19 | | compensation, appropriate funds for payment of their earnings
| 20 | | and otherwise exercise control over them. This finding and this
| 21 | | amendatory Act shall apply to all such employees from the date | 22 | | of
appointment whether such date is prior to or after the | 23 | | effective date of
this amendatory Act and is intended to | 24 | | clarify existing law pertaining
to their status as | 25 | | participating employees in the Fund.
| 26 | | (Source: P.A. 97-429, eff. 8-16-11; 97-609, eff. 8-26-11; |
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| 1 | | 97-813, eff. 7-13-12.)
| 2 | | (Text of Section after amendment by P.A. 98-599 )
| 3 | | Sec. 7-109. Employee.
| 4 | | (1) "Employee" means any person who:
| 5 | | (a) 1. Receives earnings as payment for the performance | 6 | | of personal
services or official duties out of the | 7 | | general fund of a municipality,
or out of any special | 8 | | fund or funds controlled by a municipality, or by
an | 9 | | instrumentality thereof, or a participating | 10 | | instrumentality, including,
in counties, the fees or | 11 | | earnings of any county fee office; and
| 12 | | 2. Under the usual common law rules applicable in | 13 | | determining the
employer-employee relationship, has | 14 | | the status of an employee with a
municipality, or any | 15 | | instrumentality thereof, or a participating
| 16 | | instrumentality, including aldermen, county | 17 | | supervisors and other
persons (excepting those | 18 | | employed as independent contractors) who are
paid | 19 | | compensation, fees, allowances or other emolument for | 20 | | official
duties, and, in counties, the several county | 21 | | fee offices.
| 22 | | (b) Serves as a township treasurer appointed under the | 23 | | School
Code, as heretofore or hereafter amended, and
who | 24 | | receives for such services regular compensation as | 25 | | distinguished
from per diem compensation, and any regular |
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| 1 | | employee in the office of
any township treasurer whether or | 2 | | not his earnings are paid from the
income of the permanent | 3 | | township fund or from funds subject to
distribution to the | 4 | | several school districts and parts of school
districts as | 5 | | provided in the School Code, or from both such sources; or | 6 | | is the chief executive officer, chief educational officer, | 7 | | chief fiscal officer, or other employee of a Financial | 8 | | Oversight Panel established pursuant to Article 1H of the | 9 | | School Code, other than a superintendent or certified | 10 | | school business official, except that such person shall not | 11 | | be treated as an employee under this Section if that person | 12 | | has negotiated with the Financial Oversight Panel, in | 13 | | conjunction with the school district, a contractual | 14 | | agreement for exclusion from this Section.
| 15 | | (c) Holds an elective office in a municipality, | 16 | | instrumentality
thereof or participating instrumentality.
| 17 | | (2) "Employee" does not include persons who:
| 18 | | (a) Are eligible for inclusion under any of the | 19 | | following laws:
| 20 | | 1. "An Act in relation to an Illinois State | 21 | | Teachers' Pension and
Retirement Fund", approved May | 22 | | 27, 1915, as amended;
| 23 | | 2. Articles 15 and 16 of this Code.
| 24 | | However, such persons shall be included as employees to | 25 | | the extent of
earnings that are not eligible for inclusion | 26 | | under the foregoing laws
for services not of an |
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| 1 | | instructional nature of any kind.
| 2 | | However, any member of the armed forces who is employed | 3 | | as a teacher
of subjects in the Reserve Officers Training | 4 | | Corps of any school and who
is not certified under the law | 5 | | governing the certification of teachers
shall be included | 6 | | as an employee.
| 7 | | (b) Are designated by the governing body of a | 8 | | municipality in which a
pension fund is required by law to | 9 | | be established for policemen or
firemen, respectively, as | 10 | | performing police or fire protection duties,
except that | 11 | | when such persons are the heads of the police or fire
| 12 | | department and are not eligible to be included within any | 13 | | such pension
fund, they shall be included within this | 14 | | Article; provided, that such
persons shall not be excluded | 15 | | to the extent of concurrent service and
earnings not | 16 | | designated as being for police or fire protection duties.
| 17 | | However, (i) any head of a police department who was a | 18 | | participant under this
Article immediately before October | 19 | | 1, 1977 and did not elect, under Section
3-109 of this Act, | 20 | | to participate in a police pension fund shall be an
| 21 | | "employee", and (ii) any chief of police who elects to | 22 | | participate in this
Fund under Section 3-109.1 of this | 23 | | Code, regardless of whether such person
continues to be | 24 | | employed as chief of police or is employed in some other
| 25 | | rank or capacity within the police department, shall be an | 26 | | employee under
this Article for so long as such person is |
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| 1 | | employed to perform police
duties by a participating | 2 | | municipality and has not lawfully rescinded that
election. | 3 | | (c) Are After August 26, 2011 (the effective date of | 4 | | Public Act 97-609), are contributors to or eligible to | 5 | | contribute to a Taft-Hartley pension plan established on or | 6 | | before June 1, 2011 and are employees of a theatre, arena, | 7 | | or convention center that is located in a municipality | 8 | | located in a county with a population greater than | 9 | | 5,000,000, and to which the participating municipality is | 10 | | required to contribute as the person's employer based on | 11 | | earnings from the municipality. Nothing in this paragraph | 12 | | shall affect service credit or creditable service for any | 13 | | period of service prior to the effective date of this | 14 | | amendatory Act of the 98th General Assembly August 26, | 15 | | 2011 , and this paragraph shall not apply to individuals who | 16 | | are participating in the Fund prior to the effective date | 17 | | of this amendatory Act of the 98th General Assembly August | 18 | | 26, 2011 .
| 19 | | (d) Become an employee of any of the following | 20 | | participating instrumentalities on or after the effective | 21 | | date of this amendatory Act of the 98th General Assembly: | 22 | | the Illinois Municipal League; the Illinois Association of | 23 | | Park Districts; the Illinois Supervisors, County | 24 | | Commissioners and Superintendents of Highways Association; | 25 | | an association, or not-for-profit corporation, membership | 26 | | in which is authorized under Section 85-15 of the Township |
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| 1 | | Code; the United Counties Council; or the Will County | 2 | | Governmental League. | 3 | | (3) All persons, including, without limitation, public | 4 | | defenders and
probation officers, who receive earnings from | 5 | | general or special funds
of a county for performance of | 6 | | personal services or official duties
within the territorial | 7 | | limits of the county, are employees of the county
(unless | 8 | | excluded by subsection (2) of this Section) notwithstanding | 9 | | that
they may be appointed by and are subject to the direction | 10 | | of a person or
persons other than a county board or a county | 11 | | officer. It is hereby
established that an employer-employee | 12 | | relationship under the usual
common law rules exists between | 13 | | such employees and the county paying
their salaries by reason | 14 | | of the fact that the county boards fix their
rates of | 15 | | compensation, appropriate funds for payment of their earnings
| 16 | | and otherwise exercise control over them. This finding and this
| 17 | | amendatory Act shall apply to all such employees from the date | 18 | | of
appointment whether such date is prior to or after the | 19 | | effective date of
this amendatory Act and is intended to | 20 | | clarify existing law pertaining
to their status as | 21 | | participating employees in the Fund.
| 22 | | (Source: P.A. 97-429, eff. 8-16-11; 97-609, eff. 8-26-11; | 23 | | 97-813, eff. 7-13-12; 98-599, eff. 6-1-14.)
| 24 | | Section 95. No acceleration or delay. Where this Act makes | 25 | | changes in a statute that is represented in this Act by text |
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| 1 | | that is not yet or no longer in effect (for example, a Section | 2 | | represented by multiple versions), the use of that text does | 3 | | not accelerate or delay the taking effect of (i) the changes | 4 | | made by this Act or (ii) provisions derived from any other | 5 | | Public Act.
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.".
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