Full Text of SB0065 103rd General Assembly
SB0065 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB0065 Introduced 1/20/2023, by Sen. Laura Fine SYNOPSIS AS INTRODUCED: |
| 40 ILCS 5/3-103 | from Ch. 108 1/2, par. 3-103 | 40 ILCS 5/3-146 new | | 40 ILCS 5/4-103 | from Ch. 108 1/2, par. 4-103 | 40 ILCS 5/4-141.5 new | | 40 ILCS 5/7-109 | from Ch. 108 1/2, par. 7-109 | 40 ILCS 5/7-132 | from Ch. 108 1/2, par. 7-132 |
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Amends the Downstate Police, Downstate Firefighter, and Illinois Municipal Retirement Fund (IMRF) Articles of the Illinois Pension Code. Provides that a municipality with a population that has fallen below 5,000 inhabitants as determined by both of the preceding 2 federal decennial censuses, or that has a population of less than 5,000 inhabitants that approved a referendum creating a pension fund, may terminate its participation in a pension fund created under the Downstate Police or Downstate Firefighter Article with regard to persons who first become police officers or firefighters after a specified proposition is adopted and enroll in IMRF police officers or firefighters hired after the adoption of that proposition. Provides the required notice and form of the proposition. Provides that a municipality may elect to terminate its participation under the Article and dissolve the fund if certain conditions are met. Makes conforming and other changes. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning public employee benefits.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Pension Code is amended by | 5 | | changing Sections 3-103, 4-103, 7-109, and 7-132 and by adding | 6 | | Sections 3-146 and 4-141.5 as follows:
| 7 | | (40 ILCS 5/3-103) (from Ch. 108 1/2, par. 3-103)
| 8 | | Sec. 3-103. Municipality. "Municipality": (1) Any city, | 9 | | village , or incorporated town of 5,000
or more but less than | 10 | | 500,000 inhabitants,
as determined from the United
States | 11 | | Government statistics or a census taken at any time by the | 12 | | city,
village , or incorporated town and (2) any city, village , | 13 | | or incorporated
town of
less than 5,000 inhabitants that | 14 | | which , by referendum held under Section 3-145 ,
adopts this | 15 | | Article.
| 16 | | "Municipality" does not include a city, village, or | 17 | | incorporated town with a population of less than 5,000 | 18 | | inhabitants that has adopted a referendum under Section 3-146. | 19 | | (Source: P.A. 83-1440.)
| 20 | | (40 ILCS 5/3-146 new) | 21 | | Sec. 3-146. Termination of participation by referendum. | 22 | | Any municipality, as defined in Section 3-103, with a |
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| 1 | | population of less than 5,000 inhabitants as determined by | 2 | | both of the preceding 2 federal decennial censuses, or that | 3 | | has a population of less than 5,000 inhabitants and approved a | 4 | | referendum creating a pension fund under Section 3-145, may, | 5 | | in accordance with this Section, terminate its participation | 6 | | in a pension fund created under this Article with regard to | 7 | | persons who first become police officers after the adoption of | 8 | | the proposition under this Section and enroll in the Illinois | 9 | | Municipal Retirement Fund persons who first become police | 10 | | officers after the adoption of the proposition under this | 11 | | Section. | 12 | | The corporate authorities of the municipality shall, by | 13 | | resolution, provide for submission of the proposition to the | 14 | | voters. The municipality shall certify the resolution and the | 15 | | proposition to the proper election officials who shall submit | 16 | | the proposition in accordance with the general election law at | 17 | | a regular election in the municipality if notice of the | 18 | | referendum has been given in accordance with the provisions of | 19 | | Section 12-5 of the Election Code in effect at the time of the | 20 | | referendum and notice has been published at least 10 and not | 21 | | more than 45 days before the date of the election, | 22 | | notwithstanding the time for publication otherwise imposed by | 23 | | Section 12-5. Notices required in connection with the | 24 | | submission of public questions shall be as set forth in | 25 | | Section 12-5 of the Election Code. If the proposition is not | 26 | | adopted at that election, it may be submitted in like manner at |
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| 1 | | any regular election thereafter. The proposition shall be | 2 | | substantially in the following form: | 3 | | Shall the city (or village or incorporated town as the | 4 | | case may be) of . . . . enroll police officers hired after | 5 | | the adoption of this proposition into the Illinois | 6 | | Municipal Retirement Fund and terminate its participation | 7 | | in the Article 3 pension fund once all participants and | 8 | | current beneficiaries have received their entitled | 9 | | benefits? | 10 | | The votes shall be recorded as "Yes" or "No". If a majority | 11 | | of the electors voting on the referendum are in favor of the | 12 | | referendum, the municipality shall notify the Illinois | 13 | | Municipal Retirement Fund in the form and manner specified by | 14 | | the Board of the Illinois Municipal Retirement Fund and all | 15 | | police officers who first become police officers after the | 16 | | adoption of the proposition shall be enrolled in the Illinois | 17 | | Municipal Retirement Fund instead of the fund under this | 18 | | Article. Police officers who first became participants prior | 19 | | to the adoption of the proposition shall continue as | 20 | | participants in the fund under this Article. | 21 | | A municipality that has adopted the proposition may elect | 22 | | to terminate its participation under this Article and dissolve | 23 | | the fund if all of the following conditions are met: | 24 | | (1) An independent auditor certifies that the fund | 25 | | created under this Article has no liabilities and there | 26 | | are no members or participants in the fund and no |
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| 1 | | beneficiaries entitled to benefits under the fund. | 2 | | (2) The corporate authorities of the municipality, by | 3 | | ordinance, approve the closing of the fund. | 4 | | The Department of Insurance shall adopt rules to implement | 5 | | this Section.
| 6 | | (40 ILCS 5/4-103) (from Ch. 108 1/2, par. 4-103)
| 7 | | Sec. 4-103. Municipality. "Municipality": (1) Any city, | 8 | | township, village , or incorporated town
of 5,000 or more but | 9 | | less than 500,000
inhabitants, and any fire protection | 10 | | district having any full-time
paid firefighters, and (2) any | 11 | | city, village,
incorporated town or township of less than | 12 | | 5,000 inhabitants having a full-time
paid fire department | 13 | | which adopts the provisions of this article
pursuant to the | 14 | | provisions of Section 4-141. The term "city council" or
"board | 15 | | of trustees" includes
the board of trustees of a fire | 16 | | protection district and the board of town
trustees or other | 17 | | persons empowered to
draft the tentative budget and | 18 | | appropriation ordinance and the electors of
such a township | 19 | | acting at the annual or special meeting of town
electors.
| 20 | | "Municipality" does not include a city, village,
| 21 | | incorporated town, or township of less than 5,000 inhabitants | 22 | | that has adopted a referendum under Section 4-141.5. | 23 | | (Source: P.A. 83-1440.)
| 24 | | (40 ILCS 5/4-141.5 new) |
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| 1 | | Sec. 4-141.5. Termination of participation by referendum. | 2 | | Any municipality, as defined in Section 4-103, with a | 3 | | population of less than 5,000 inhabitants as determined by | 4 | | both of the preceding 2 federal decennial censuses, or that | 5 | | has a population of less than 5,000 inhabitants and approved a | 6 | | referendum creating a pension fund under Section 4-141, may, | 7 | | in accordance with this Section, terminate its participation | 8 | | in a pension fund created under this Article with regard to | 9 | | persons who first become firefighters after the adoption of | 10 | | the proposition under this Section and enroll in the Illinois | 11 | | Municipal Retirement Fund persons who first become | 12 | | firefighters after the adoption of the proposition under this | 13 | | Section. | 14 | | The corporate authorities of the municipality shall, by | 15 | | resolution, provide for submission of the proposition to the | 16 | | voters. The municipality shall certify the resolution and the | 17 | | proposition to the proper election officials who shall submit | 18 | | the proposition in accordance with the general election law at | 19 | | a regular election in the municipality if notice of the | 20 | | referendum has been given in accordance with the provisions of | 21 | | Section 12-5 of the Election Code in effect at the time of the | 22 | | referendum and notice has been published at least 10 and not | 23 | | more than 45 days before the date of the election, | 24 | | notwithstanding the time for publication otherwise imposed by | 25 | | Section 12-5. Notices required in connection with the | 26 | | submission of public questions shall be as set forth in |
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| 1 | | Section 12-5 of the Election Code. If the proposition is not | 2 | | adopted at that election, it may be submitted in like manner at | 3 | | any regular election thereafter. The proposition shall be | 4 | | substantially in the following form: | 5 | | Shall the city (or village, township, or incorporated | 6 | | town as the case may be) of . . . . enroll firefighters | 7 | | hired after the adoption of this proposition into the | 8 | | Illinois Municipal Retirement Fund and terminate its | 9 | | participation in the Article 4 pension fund once all | 10 | | current participants and beneficiaries have received their | 11 | | entitled benefits? | 12 | | The votes shall be recorded as "Yes" or "No". If a majority | 13 | | of the electors voting on the referendum are in favor of the | 14 | | referendum, the municipality shall notify the Illinois | 15 | | Municipal Retirement Fund in the form and manner specified by | 16 | | the Board of the Illinois Municipal Retirement Fund and all | 17 | | firefighters who first become firefighters after the adoption | 18 | | of the proposition shall be enrolled in the Illinois Municipal | 19 | | Retirement Fund instead of the fund under this Article. | 20 | | Firefighters who first became participants prior to the | 21 | | adoption of the proposition shall continue as participants in | 22 | | the fund under this Article. | 23 | | A municipality that has adopted the proposition may elect | 24 | | to terminate its participation under this Article and dissolve | 25 | | the fund if all of the following conditions are met: | 26 | | (1) An independent auditor certifies that the fund |
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| 1 | | created under this Article has no liabilities and there | 2 | | are no members or participants in the fund and no | 3 | | beneficiaries entitled to benefits under the fund. | 4 | | (2) The corporate authorities of the municipality, by | 5 | | ordinance, approve the closing of the fund. | 6 | | The Department of Insurance shall adopt rules to implement | 7 | | this Section.
| 8 | | (40 ILCS 5/7-109) (from Ch. 108 1/2, par. 7-109)
| 9 | | Sec. 7-109. Employee.
| 10 | | (1) "Employee" means any person who:
| 11 | | (a) 1. Receives earnings as payment for the | 12 | | performance of personal
services or official duties out of | 13 | | the general fund of a municipality,
or out of any special | 14 | | fund or funds controlled by a municipality, or by
an | 15 | | instrumentality thereof, or a participating | 16 | | instrumentality, including,
in counties, the fees or | 17 | | earnings of any county fee office; and
| 18 | | 2. Under the usual common law rules applicable in | 19 | | determining the
employer-employee relationship, has the | 20 | | status of an employee with a
municipality, or any | 21 | | instrumentality thereof, or a participating
| 22 | | instrumentality, including alderpersons, county | 23 | | supervisors and other
persons (excepting those employed as | 24 | | independent contractors) who are
paid compensation, fees, | 25 | | allowances or other emolument for official
duties, and, in |
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| 1 | | counties, the several county fee offices.
| 2 | | (b) Serves as a township treasurer appointed under the | 3 | | School
Code, as heretofore or hereafter amended, and
who | 4 | | receives for such services regular compensation as | 5 | | distinguished
from per diem compensation, and any regular | 6 | | employee in the office of
any township treasurer whether | 7 | | or not his earnings are paid from the
income of the | 8 | | permanent township fund or from funds subject to
| 9 | | distribution to the several school districts and parts of | 10 | | school
districts as provided in the School Code, or from | 11 | | both such sources; or is the chief executive officer, | 12 | | chief educational officer, chief fiscal officer, or other | 13 | | employee of a Financial Oversight Panel established | 14 | | pursuant to Article 1H of the School Code, other than a | 15 | | superintendent or certified school business official, | 16 | | except that such person shall not be treated as an | 17 | | employee under this Section if that person has negotiated | 18 | | with the Financial Oversight Panel, in conjunction with | 19 | | the school district, a contractual agreement for exclusion | 20 | | from this Section.
| 21 | | (c) Holds an elective office in a municipality, | 22 | | instrumentality
thereof or participating instrumentality.
| 23 | | (2) "Employee" does not include persons who:
| 24 | | (a) Are eligible for inclusion under any of the | 25 | | following laws:
| 26 | | 1. "An Act in relation to an Illinois State |
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| 1 | | Teachers' Pension and
Retirement Fund", approved May | 2 | | 27, 1915, as amended;
| 3 | | 2. Articles 15 and 16 of this Code.
| 4 | | However, such persons shall be included as employees | 5 | | to the extent of
earnings that are not eligible for | 6 | | inclusion under the foregoing laws
for services not of an | 7 | | instructional nature of any kind.
| 8 | | However, any member of the armed forces who is | 9 | | employed as a teacher
of subjects in the Reserve Officers | 10 | | Training Corps of any school and who
is not certified | 11 | | under the law governing the certification of teachers
| 12 | | shall be included as an employee.
| 13 | | (b) Are designated by the governing body of a | 14 | | municipality in which a
pension fund is required by law to | 15 | | be established for policemen or
firemen, respectively, as | 16 | | performing police or fire protection duties,
except that | 17 | | when such persons are the heads of the police or fire
| 18 | | department and are not eligible to be included within any | 19 | | such pension
fund, they shall be included within this | 20 | | Article; provided, that such
persons shall not be excluded | 21 | | to the extent of concurrent service and
earnings not | 22 | | designated as being for police or fire protection duties. | 23 | | This paragraph (b) does not apply to a person performing | 24 | | police duties for a municipality that has adopted a | 25 | | referendum under Section 3-146 or a person performing fire | 26 | | protection duties for a municipality that has adopted a |
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| 1 | | referendum under Section 4-141.5.
However, (i) any head of | 2 | | a police department who was a participant under this
| 3 | | Article immediately before October 1, 1977 and did not | 4 | | elect, under Section
3-109 of this Act, to participate in | 5 | | a police pension fund shall be an
"employee", and (ii) any | 6 | | chief of police who became a participating employee under | 7 | | this Article before January 1, 2019 and who elects to | 8 | | participate in this
Fund under Section 3-109.1 of this | 9 | | Code, regardless of whether such person
continues to be | 10 | | employed as chief of police or is employed in some other
| 11 | | rank or capacity within the police department, shall be an | 12 | | employee under
this Article for so long as such person is | 13 | | employed to perform police
duties by a participating | 14 | | municipality and has not lawfully rescinded that
election. | 15 | | (b-5) Were not participating employees under this | 16 | | Article before August 26, 2018 (the effective date of | 17 | | Public Act 100-1097) and participated as a chief of police | 18 | | in a fund under Article 3 and return to work in any | 19 | | capacity with the police department, with any oversight of | 20 | | the police department, or in an advisory capacity for the | 21 | | police department with the same municipality with which | 22 | | that pension was earned, regardless of whether they are | 23 | | considered an employee of the police department or are | 24 | | eligible for inclusion in the municipality's Article 3 | 25 | | fund. | 26 | | (c) Are contributors to or eligible to contribute to a |
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| 1 | | Taft-Hartley pension plan to which the participating | 2 | | municipality is required to contribute as the person's | 3 | | employer based on earnings from the municipality. Nothing | 4 | | in this paragraph shall affect service credit or | 5 | | creditable service for any period of service prior to July | 6 | | 16, 2014 (the effective date of Public Act 98-712), and | 7 | | this paragraph shall not apply to individuals who are | 8 | | participating in the Fund prior to July 16, 2014 (the | 9 | | effective date of Public Act 98-712).
| 10 | | (d) Become an employee of any of the following | 11 | | participating instrumentalities on or after January 1, | 12 | | 2017 (the effective date of Public Act 99-830): the | 13 | | Illinois Municipal League; the Illinois Association of | 14 | | Park Districts; the Illinois Supervisors, County | 15 | | Commissioners and Superintendents of Highways Association; | 16 | | an association, or not-for-profit corporation, membership | 17 | | in which is authorized under Section 85-15 of the Township | 18 | | Code; the United Counties Council; or the Will County | 19 | | Governmental League. | 20 | | (e) Are members of the Board of Trustees of the | 21 | | Firefighters' Pension Investment Fund, as created under | 22 | | Article 22C of this Code, in their capacity as members of | 23 | | the Board of Trustees of the Firefighters' Pension | 24 | | Investment Fund. | 25 | | (f) Are members of the Board of Trustees of the Police | 26 | | Officers' Pension Investment Fund, as created under |
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| 1 | | Article 22B of this Code, in their capacity as members of | 2 | | the Board of Trustees of the Police Officers' Pension | 3 | | Investment Fund. | 4 | | (3) All persons, including, without limitation, public | 5 | | defenders and
probation officers, who receive earnings from | 6 | | general or special funds
of a county for performance of | 7 | | personal services or official duties
within the territorial | 8 | | limits of the county, are employees of the county
(unless | 9 | | excluded by subsection (2) of this Section) notwithstanding | 10 | | that
they may be appointed by and are subject to the direction | 11 | | of a person or
persons other than a county board or a county | 12 | | officer. It is hereby
established that an employer-employee | 13 | | relationship under the usual
common law rules exists between | 14 | | such employees and the county paying
their salaries by reason | 15 | | of the fact that the county boards fix their
rates of | 16 | | compensation, appropriate funds for payment of their earnings
| 17 | | and otherwise exercise control over them. This finding and | 18 | | this
amendatory Act shall apply to all such employees from the | 19 | | date of
appointment whether such date is prior to or after the | 20 | | effective date of
this amendatory Act and is intended to | 21 | | clarify existing law pertaining
to their status as | 22 | | participating employees in the Fund.
| 23 | | (Source: P.A. 102-15, eff. 6-17-21; 102-637, eff. 8-27-21; | 24 | | 102-813, eff. 5-13-22.)
| 25 | | (40 ILCS 5/7-132)
(from Ch. 108 1/2, par. 7-132)
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| 1 | | Sec. 7-132. Municipalities, instrumentalities and | 2 | | participating
instrumentalities included and effective dates.
| 3 | | (A) Municipalities and their instrumentalities.
| 4 | | (a) The following described municipalities, but not | 5 | | including any with
more than 1,000,000 inhabitants, and the | 6 | | instrumentalities thereof,
shall be included within and be | 7 | | subject to this Article beginning upon the
effective dates | 8 | | specified by the Board:
| 9 | | (1) Except as to the municipalities and | 10 | | instrumentalities thereof
specifically excluded under this | 11 | | Article, every county shall be subject to
this Article, | 12 | | and all cities, villages and incorporated towns having a
| 13 | | population in excess of 5,000 inhabitants as determined by | 14 | | the last
preceding decennial or subsequent federal census, | 15 | | shall be subject to this
Article following publication of | 16 | | the census by the Bureau of the Census.
Within 90 days | 17 | | after publication of the census, the Board shall notify
| 18 | | any municipality that has become subject to this Article | 19 | | as a result of
that census, and shall provide information | 20 | | to the corporate authorities of
the municipality | 21 | | explaining the duties and consequences of participation.
| 22 | | The notification shall also include a proposed date upon | 23 | | which
participation by the municipality will commence.
| 24 | | However, for any city, village or incorporated town | 25 | | that attains a
population over 5,000 inhabitants after |
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| 1 | | having provided social security
coverage for its employees | 2 | | under the Social Security Enabling Act,
participation | 3 | | under this Article shall not be mandatory but may be | 4 | | elected
in accordance with subparagraph (3) or (4) of this | 5 | | paragraph (a), whichever
is applicable.
| 6 | | (2) School districts, other than those specifically
| 7 | | excluded under this Article, shall be subject to this | 8 | | Article, without
election, with respect to all employees | 9 | | thereof.
| 10 | | (3) Towns and all other bodies politic and corporate | 11 | | which
are formed by vote of, or are subject to control by, | 12 | | the electors in towns
and are located in towns which are | 13 | | not participating municipalities on the
effective date of | 14 | | this Act, may become subject to this Article by
election | 15 | | pursuant to Section 7-132.1.
| 16 | | (4) Any other municipality (together with its | 17 | | instrumentalities),
other than those specifically excluded | 18 | | from participation and those
described in paragraph (3) | 19 | | above, may elect to be included either by
referendum under | 20 | | Section 3-146, 4-141.5, or 7-134 or by the adoption of a | 21 | | resolution or
ordinance by its governing body. A copy of | 22 | | such resolution or ordinance
duly authenticated and | 23 | | certified by the clerk of the municipality or other
| 24 | | appropriate official of its governing body shall | 25 | | constitute the required
notice to the board of such | 26 | | action.
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| 1 | | (b) A municipality that is about to begin participation | 2 | | shall submit to
the Board an application to participate, in a | 3 | | form acceptable to the Board,
not later than 90 days prior to | 4 | | the proposed effective date of
participation. The Board shall | 5 | | act upon the application within 90 days,
and if it finds that | 6 | | the application is in conformity with its requirements
and the | 7 | | requirements of this Article, participation by the applicant | 8 | | shall
commence on a date acceptable to the municipality and | 9 | | specified by the
Board, but in no event more than one year from | 10 | | the date of application.
| 11 | | (c) A participating municipality which succeeds to the | 12 | | functions
of a participating municipality which is dissolved | 13 | | or terminates its
existence shall assume and be transferred | 14 | | the net accumulation balance
in the municipality reserve and | 15 | | the municipality account receivable
balance of the terminated | 16 | | municipality.
| 17 | | (d) In the case of a Veterans Assistance Commission whose | 18 | | employees
were being treated by the Fund on January 1, 1990 as | 19 | | employees of the
county served by the Commission, the Fund may | 20 | | continue to treat the
employees of the Veterans Assistance | 21 | | Commission as county employees for
the purposes of this | 22 | | Article, unless the Commission becomes a participating
| 23 | | instrumentality in accordance with subsection (B) of this | 24 | | Section.
| 25 | | (B) Participating instrumentalities.
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| 1 | | (a) The participating instrumentalities designated in
| 2 | | paragraph (b) of this subsection shall be included within
and | 3 | | be subject to this Article if:
| 4 | | (1) an application to participate, in a form | 5 | | acceptable to
the Board and adopted by a two-thirds vote | 6 | | of the governing body, is
presented to the Board not later | 7 | | than 90 days prior to the proposed
effective date; and
| 8 | | (2) the Board finds that the application is in
| 9 | | conformity with its requirements, that the applicant has | 10 | | reasonable
expectation to continue as a political entity | 11 | | for a period of at least
10 years and has the prospective | 12 | | financial capacity to meet its
current and future | 13 | | obligations to the Fund, and that the actuarial
soundness | 14 | | of the Fund may be reasonably expected to be unimpaired by
| 15 | | approval of participation by the applicant.
| 16 | | The Board shall notify the applicant of its findings | 17 | | within 90 days
after receiving the application, and if the
| 18 | | Board approves the application, participation by the applicant | 19 | | shall
commence on the effective date specified by the Board.
| 20 | | (b) The following participating instrumentalities, so long | 21 | | as
they meet the requirements of Section 7-108 and the area | 22 | | served by them
or within their jurisdiction is not located | 23 | | entirely within a municipality
having more than one million | 24 | | inhabitants, may be included hereunder:
| 25 | | i. Township School District Trustees.
| 26 | | ii. Multiple County and Consolidated Health |
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| 1 | | Departments created
under Division 5-25 of the Counties | 2 | | Code or its predecessor law.
| 3 | | iii. Public Building Commissions created under the | 4 | | Public Building
Commission Act, and located in counties of | 5 | | less
than 1,000,000 inhabitants.
| 6 | | iv. A multitype, consolidated or cooperative
library | 7 | | system created under the Illinois Library System Act. Any
| 8 | | library system created under the Illinois Library System | 9 | | Act that has one
or more predecessors that participated in | 10 | | the Fund may participate in the
Fund upon application. The | 11 | | Board shall establish procedures for
implementing the | 12 | | transfer of rights and obligations from the predecessor
| 13 | | system to the successor system.
| 14 | | v. Regional Planning Commissions created under | 15 | | Division 5-14 of the
Counties Code or its predecessor law.
| 16 | | vi. Local Public Housing Authorities created under the | 17 | | Housing
Authorities Act, located in counties of less than | 18 | | 1,000,000 inhabitants.
| 19 | | vii. Illinois Municipal League.
| 20 | | viii. Northeastern Illinois Metropolitan Area Planning | 21 | | Commission.
| 22 | | ix. Southwestern Illinois Metropolitan Area Planning | 23 | | Commission.
| 24 | | x. Illinois Association of Park Districts.
| 25 | | xi. Illinois Supervisors, County Commissioners and | 26 | | Superintendents
of Highways Association.
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| 1 | | xii. Tri-City Regional Port District.
| 2 | | xiii. An association, or not-for-profit corporation, | 3 | | membership in
which is authorized under Section 85-15 of | 4 | | the Township Code.
| 5 | | xiv. Drainage Districts operating under the Illinois | 6 | | Drainage
Code.
| 7 | | xv. Local mass transit districts created under the | 8 | | Local Mass
Transit District Act.
| 9 | | xvi. Soil and water conservation districts created | 10 | | under the Soil
and Water Conservation Districts Law.
| 11 | | xvii. Commissions created to provide water supply or | 12 | | sewer services
or both under Division 135 or Division 136 | 13 | | of Article 11 of the Illinois
Municipal Code.
| 14 | | xviii. Public water districts created under the Public | 15 | | Water
District Act.
| 16 | | xix. Veterans Assistance Commissions established under | 17 | | Section
9 of the Military Veterans Assistance Act that
| 18 | | serve counties with a population of less than 1,000,000.
| 19 | | xx. The governing body of an entity, other than a | 20 | | vocational education
cooperative, created under an | 21 | | intergovernmental cooperative agreement
established | 22 | | between participating municipalities under the
| 23 | | Intergovernmental Cooperation Act, which by the terms of | 24 | | the agreement is
the employer of the persons performing | 25 | | services under the agreement under
the usual common law | 26 | | rules determining the employer-employee relationship.
The |
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| 1 | | governing body of such an intergovernmental cooperative | 2 | | entity
established prior to July 1, 1988 may make | 3 | | participation retroactive to the
effective date of the | 4 | | agreement and, if so, the effective date of
participation | 5 | | shall be the date the required application is filed with | 6 | | the
fund. If any such entity is unable to pay the required | 7 | | employer
contributions to the fund, then the participating | 8 | | municipalities shall make
payment of the required | 9 | | contributions and the payments shall be allocated
as | 10 | | provided in the agreement or, if not so provided, equally | 11 | | among them.
| 12 | | xxi. The Illinois Municipal Electric Agency.
| 13 | | xxii. The Waukegan Port District.
| 14 | | xxiii. The Fox Waterway Agency created under the Fox | 15 | | Waterway Agency
Act.
| 16 | | xxiv. The Illinois Municipal Gas Agency.
| 17 | | xxv. The Kaskaskia Regional Port District.
| 18 | | xxvi. The Southwestern Illinois Development Authority.
| 19 | | xxvii. The Cairo Public Utility Company.
| 20 | | xxviii. Except with respect to employees who elect to | 21 | | participate in the State Employees' Retirement System of | 22 | | Illinois under Section 14-104.13 of this Code, the Chicago | 23 | | Metropolitan Agency for Planning created under the | 24 | | Regional Planning Act, provided that, with respect to the | 25 | | benefits payable pursuant to Sections 7-146, 7-150, and | 26 | | 7-164 and the requirement that eligibility for such |
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| 1 | | benefits is conditional upon satisfying a minimum period | 2 | | of service or a minimum contribution, any employee of the | 3 | | Chicago Metropolitan Agency for Planning that was | 4 | | immediately prior to such employment an employee of the | 5 | | Chicago Area Transportation Study or the Northeastern | 6 | | Illinois Planning Commission, such employee's service at | 7 | | the Chicago Area Transportation Study or the Northeastern | 8 | | Illinois Planning Commission and contributions to the | 9 | | State Employees' Retirement System of Illinois established | 10 | | under Article 14 and the Illinois Municipal Retirement | 11 | | Fund shall count towards the satisfaction of such | 12 | | requirements.
| 13 | | xxix. United Counties Council (formerly the Urban | 14 | | Counties Council), but only if the Council has a ruling | 15 | | from the United States Internal Revenue Service that it is | 16 | | a governmental entity.
| 17 | | xxx. The Will County Governmental League, but only if | 18 | | the League has a ruling from the United States Internal | 19 | | Revenue Service that it is a governmental entity. | 20 | | xxxi. The Firefighters' Pension Investment Fund. | 21 | | xxxii. The Police Officers' Pension Investment Fund. | 22 | | (c) The governing boards of special education joint | 23 | | agreements
created under Section 10-22.31 of the School Code | 24 | | without designation of an
administrative district shall be | 25 | | included within and be subject to this
Article as | 26 | | participating instrumentalities when the joint agreement |
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| 1 | | becomes
effective. However, the governing board of any such | 2 | | special education
joint agreement in effect before September | 3 | | 5, 1975 shall not be subject to this
Article unless the joint | 4 | | agreement is modified by the school districts to
provide that | 5 | | the governing board is subject to this Article, except as
| 6 | | otherwise provided by this Section.
| 7 | | The governing board of the Special Education District of | 8 | | Lake County shall
become subject to this Article as a | 9 | | participating instrumentality on July 1,
1997. Notwithstanding | 10 | | subdivision (a)1 of Section 7-139, on the effective date
of | 11 | | participation, employees of the governing board of the Special | 12 | | Education
District of Lake County shall receive creditable | 13 | | service for their prior
service with that employer, up to a | 14 | | maximum of 5 years, without any employee
contribution. | 15 | | Employees may establish creditable service for the remainder
| 16 | | of their prior service with that employer, if any, by applying | 17 | | in writing and
paying an employee contribution in an amount | 18 | | determined by the Fund, based on
the employee contribution | 19 | | rates in effect at the time of application for the
creditable | 20 | | service and the employee's salary rate on the effective date | 21 | | of
participation for that employer, plus interest at the | 22 | | effective rate from the
date of the prior service to the date | 23 | | of payment. Application for this
creditable service must be | 24 | | made before July 1, 1998; the payment may be made
at any time | 25 | | while the employee is still in service. The employer may elect | 26 | | to
make the required contribution on behalf of the employee.
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| 1 | | The governing board of a special education joint agreement | 2 | | created
under Section 10-22.31 of the School Code for which an | 3 | | administrative
district has been designated, if there are | 4 | | employees of the cooperative
educational entity who are not | 5 | | employees of the administrative district,
may elect to | 6 | | participate in the Fund and be included within this Article as
| 7 | | a participating instrumentality, subject to such application | 8 | | procedures and
rules as the Board may prescribe.
| 9 | | The Boards of Control of cooperative or joint educational | 10 | | programs or
projects created and administered under Section | 11 | | 3-15.14 of the School
Code, whether or not the Boards act as | 12 | | their own administrative district,
shall be included within | 13 | | and be subject to this Article as participating
| 14 | | instrumentalities when the agreement establishing the | 15 | | cooperative or joint
educational program or project becomes | 16 | | effective.
| 17 | | The governing board of a special education joint agreement | 18 | | entered into
after June 30, 1984 and prior to September 17, | 19 | | 1985 which provides for
representation on the governing board | 20 | | by less than all the participating
districts shall be included | 21 | | within and subject to this Article as a
participating | 22 | | instrumentality. Such participation shall be effective as of
| 23 | | the date the joint agreement becomes effective.
| 24 | | The governing boards of educational service centers | 25 | | established under
Section 2-3.62 of the School Code shall be | 26 | | included within and subject to
this Article as participating |
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| 1 | | instrumentalities. The governing boards of
vocational | 2 | | education cooperative agreements created under the
| 3 | | Intergovernmental Cooperation Act and approved by the State | 4 | | Board of
Education shall be included within and be subject to | 5 | | this
Article as participating instrumentalities. If any such | 6 | | governing boards
or boards of control are unable to pay the | 7 | | required employer contributions
to the fund, then the school | 8 | | districts served by such boards shall make
payment of required | 9 | | contributions as provided in Section 7-172. The
payments shall | 10 | | be allocated among the several school districts in
proportion | 11 | | to the number of students in average daily attendance for the
| 12 | | last full school year for each district in relation to the | 13 | | total number of
students in average attendance for such period | 14 | | for all districts served.
If such educational service centers, | 15 | | vocational education cooperatives or
cooperative or joint | 16 | | educational programs or projects created and
administered | 17 | | under Section 3-15.14 of the School Code are dissolved, the
| 18 | | assets and obligations shall be distributed among the | 19 | | districts in the
same proportions unless otherwise provided.
| 20 | | The governing board of Paris Cooperative High School shall | 21 | | be included within and be subject to this
Article as a | 22 | | participating instrumentality on the effective date of this | 23 | | amendatory Act of the 96th General Assembly. If the governing | 24 | | board of Paris Cooperative High School is unable to pay the | 25 | | required employer contributions
to the fund, then the school | 26 | | districts served shall make
payment of required contributions |
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| 1 | | as provided in Section 7-172. The
payments shall be allocated | 2 | | among the several school districts in
proportion to the number | 3 | | of students in average daily attendance for the
last full | 4 | | school year for each district in relation to the total number | 5 | | of
students in average attendance for such period for all | 6 | | districts served.
If Paris Cooperative High School is | 7 | | dissolved, then the
assets and obligations shall be | 8 | | distributed among the districts in the
same proportions unless | 9 | | otherwise provided. | 10 | | The Philip J. Rock Center and School shall be included | 11 | | within and be subject to this Article as a participating | 12 | | instrumentality on the effective date of this amendatory Act | 13 | | of the 97th General Assembly. The Philip J. Rock Center and | 14 | | School shall certify to the Fund the dates of service of all | 15 | | employees within 90 days of the effective date of this | 16 | | amendatory Act of the 97th General Assembly. The Fund shall | 17 | | transfer to the IMRF account of the Philip J. Rock Center and | 18 | | School all creditable service and all employer contributions | 19 | | made on behalf of the employees for service at the Philip J. | 20 | | Rock Center and School that were reported and paid to IMRF by | 21 | | another employer prior to this date. If the Philip J. Rock | 22 | | Center and School is unable to pay the required employer | 23 | | contributions to the Fund, then the amount due will be paid by | 24 | | all employers as defined in item (2) of paragraph (a) of | 25 | | subsection (A) of this Section. The payments shall be | 26 | | allocated among these employers in proportion to the number of |
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| 1 | | students in average daily attendance for the last full school | 2 | | year for each district in relation to the total number of | 3 | | students in average attendance for such period for all | 4 | | districts. If the Philip J. Rock Center and School is | 5 | | dissolved, then its IMRF assets and obligations shall be | 6 | | distributed in the same proportions unless otherwise provided. | 7 | | Financial Oversight Panels established under Article 1H of | 8 | | the School Code shall be included within and be subject to this | 9 | | Article as a participating instrumentality on the effective | 10 | | date of this amendatory Act of the 97th General Assembly. If | 11 | | the Financial Oversight Panel is unable to pay the required | 12 | | employer contributions to the fund, then the school districts | 13 | | served shall make payment of required contributions as | 14 | | provided in Section 7-172. If the Financial Oversight Panel is | 15 | | dissolved, then the assets and obligations shall be | 16 | | distributed to the district served. | 17 | | (d) The governing boards of special recreation joint | 18 | | agreements
created under Section 8-10b of the Park District | 19 | | Code, operating
without
designation of an administrative | 20 | | district or an administrative
municipality appointed to | 21 | | administer the program operating under the
authority of such | 22 | | joint agreement shall be included within and be
subject to | 23 | | this Article as participating instrumentalities when the
joint | 24 | | agreement becomes effective. However, the governing board of | 25 | | any
such special recreation joint agreement in effect before | 26 | | January 1,
1980 shall not be subject to this Article unless the |
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| 1 | | joint agreement is
modified, by the districts and | 2 | | municipalities which are parties to the
agreement, to provide | 3 | | that the governing board is subject to this Article.
| 4 | | If the Board returns any employer and employee | 5 | | contributions to any
employer which erroneously submitted such | 6 | | contributions on behalf of a
special recreation joint | 7 | | agreement, the Board shall include interest
computed from the | 8 | | end of each year to the date of payment, not compounded,
at the | 9 | | rate of 7% per annum.
| 10 | | (e) Each multi-township assessment district, the board of
| 11 | | trustees of which has adopted this Article by ordinance prior | 12 | | to April 1,
1982, shall be a participating instrumentality | 13 | | included within and subject
to this Article effective December | 14 | | 1, 1981. The contributions required
under Section 7-172 shall | 15 | | be included in the budget prepared under and
allocated in | 16 | | accordance with Section 2-30 of the Property Tax Code.
| 17 | | (f) The Illinois Medical District Commission created under | 18 | | the Illinois Medical District Act may be included within and | 19 | | subject to
this Article as a participating instrumentality, | 20 | | notwithstanding that the location of the District is entirely | 21 | | within the City of Chicago. To become a participating | 22 | | instrumentality, the Commission must apply to the Board in the | 23 | | manner set forth in paragraph (a) of this subsection (B). If | 24 | | the
Board approves the application, under the criteria and | 25 | | procedures set forth in paragraph (a) and any other applicable | 26 | | rules, criteria, and procedures of the Board, participation by |
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| 1 | | the Commission shall
commence on the effective date specified | 2 | | by the Board.
| 3 | | (C) Prospective participants. | 4 | | Beginning January 1, 1992, each prospective participating
| 5 | | municipality or participating instrumentality shall pay to the | 6 | | Fund the
cost, as determined by the Board, of a study prepared | 7 | | by the Fund or its
actuary, detailing the prospective costs of | 8 | | participation in the Fund to be
expected by the municipality | 9 | | or instrumentality.
| 10 | | (Source: P.A. 102-637, eff. 8-27-21.)
| 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law.
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