[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
90_HB0803
40 ILCS 5/7-109.3 from Ch. 108 1/2, par. 7-109.3
40 ILCS 5/7-132 from Ch. 108 1/2, par. 7-132
30 ILCS 805/8.21 new
Amends the Illinois Municipal Retirement Fund (IMRF)
Article of the Pension Code to require participation by all
full-time municipal police officers who do not participate in
an Article 3 police pension fund. Makes these police
officers eligible for the sheriff's law enforcement (SLEP)
formula. Excludes Chicago. Pre-empts home rule powers.
Amends the State Mandates Act to require implementation
without reimbursement. Effective immediately.
LRB9003036EGfg
LRB9003036EGfg
1 AN ACT to amend the Illinois Pension Code by changing
2 Sections 7-109.3 and 7-132 and to amend the State Mandates
3 Act.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Illinois Pension Code is amended by
7 changing Sections 7-109.3 and 7-132 as follows:
8 (40 ILCS 5/7-109.3) (from Ch. 108 1/2, par. 7-109.3)
9 Sec. 7-109.3. "Sheriff's Law Enforcement Employees".
10 (a) "Sheriff's law enforcement employee" means:
11 (1) A county sheriff and all deputies, other than
12 special deputies, employed on a full time basis in the
13 office of the sheriff.
14 (2) A person who has elected to participate in this
15 Fund under Section 3-109.1 of this Code, and who is
16 employed by a participating municipality to perform
17 police duties.
18 (3) A law enforcement officer employed on a full
19 time basis by a Forest Preserve District, provided that
20 such officer shall be deemed a "sheriff's law enforcement
21 employee" for the purposes of this Article, and service
22 in that capacity shall be deemed to be service as a
23 sheriff's law enforcement employee, only if the board of
24 commissioners of the District have so elected by adoption
25 of an affirmative resolution. Such election, once made,
26 may not be rescinded.
27 (4) A person not eligible to participate in a fund
28 established under Article 3 of this Code who is employed
29 on a full-time basis by a participating municipality or
30 participating instrumentality to perform police duties at
31 an airport, but only if the governing authority of the
-2- LRB9003036EGfg
1 employer has approved sheriff's law enforcement employee
2 status for its airport police employees by adoption of an
3 affirmative resolution. Such approval, once given, may
4 not be rescinded.
5 (5) A person not eligible to participate in a fund
6 established under Article 3 of this Code who is employed
7 on a full-time basis by a participating municipality to
8 perform police duties.
9 (b) An employee who is a sheriff's law enforcement
10 employee prior to the time for which he is granted military
11 leave or authorized leave of absence shall receive service
12 credit in that capacity. Sheriff's law enforcement employees
13 shall not be entitled to out of State service credit under
14 Section 7-139.
15 (Source: P.A. 86-273; 87-850.)
16 (40 ILCS 5/7-132) (from Ch. 108 1/2, par. 7-132)
17 Sec. 7-132. Municipalities, instrumentalities and
18 participating instrumentalities included and effective dates.
19 (A) Municipalities and their instrumentalities.
20 (a) The following described municipalities, but not
21 including any with more than 1,000,000 inhabitants, and the
22 instrumentalities thereof, shall be included within and be
23 subject to this Article beginning upon the effective dates
24 specified by the Board:
25 (1) Except as to the municipalities and
26 instrumentalities thereof specifically excluded under
27 this Article, every county shall be subject to this
28 Article, and all cities, villages and incorporated towns
29 having a population in excess of 5,000 inhabitants as
30 determined by the last preceding decennial or subsequent
31 federal census, shall be subject to this Article
32 following publication of the census by the Bureau of the
33 Census. Within 90 days after publication of the census,
-3- LRB9003036EGfg
1 the Board shall notify any municipality that has become
2 subject to this Article as a result of that census, and
3 shall provide information to the corporate authorities of
4 the municipality explaining the duties and consequences
5 of participation. The notification shall also include a
6 proposed date upon which participation by the
7 municipality will commence.
8 However, for any city, village or incorporated town
9 that attains a population over 5,000 inhabitants after
10 having provided social security coverage for its
11 employees under the Social Security Enabling Act,
12 participation under this Article shall not be mandatory
13 (except as provided in subdivision (A)(a-5) of this
14 Section) but may be elected in accordance with
15 subparagraph (3) or (4) of this paragraph (a), whichever
16 is applicable.
17 (2) School districts, other than those specifically
18 excluded under this Article, shall be subject to this
19 Article, without election, with respect to all employees
20 thereof.
21 (3) Towns and all other bodies politic and
22 corporate which are formed by vote of, or are subject to
23 control by, the electors in towns and are located in
24 towns which are not participating municipalities on the
25 effective date of this Act, may become subject to this
26 Article by election pursuant to Section 7-132.1.
27 (4) Any other municipality (together with its
28 instrumentalities), other than those specifically
29 excluded from participation and those described in
30 paragraph (3) above, may elect to be included either by
31 referendum under Section 7-134 or by the adoption of a
32 resolution or ordinance by its governing body. A copy of
33 such resolution or ordinance duly authenticated and
34 certified by the clerk of the municipality or other
-4- LRB9003036EGfg
1 appropriate official of its governing body shall
2 constitute the required notice to the board of such
3 action.
4 (a-5) Notwithstanding the other provisions of this
5 Section, a municipality with a population of less than
6 1,000,000 that (i) does not otherwise participate in the Fund
7 and (ii) employs one or more full-time police officers who do
8 not participate in an Article 3 police pension fund shall
9 begin to participate in this Fund with respect to those
10 police officers no later than 6 months after the effective
11 date of this amendatory Act of 1997. A municipality required
12 to participate in the Fund with respect to its full-time
13 police officers under this subdivision (a-5) need not
14 participate in the Fund with respect to its other officers
15 and employees. Participation in this Fund by a municipality
16 with a population of less than 1,000,000 with respect to its
17 full-time police officers who do not participate in an
18 Article 3 police pension fund is a matter of exclusive State
19 power; this subdivision (a-5) is a denial and limitation of
20 home rule power under subsection (h) of Section 6 of Article
21 VII of the Illinois Constitution.
22 (b) A municipality that is about to begin participation
23 shall submit to the Board an application to participate, in a
24 form acceptable to the Board, not later than 90 days prior to
25 the proposed effective date of participation. The Board
26 shall act upon the application within 90 days, and if it
27 finds that the application is in conformity with its
28 requirements and the requirements of this Article,
29 participation by the applicant shall commence on a date
30 acceptable to the municipality and specified by the Board,
31 but in no event more than one year from the date of
32 application.
33 (c) A participating municipality which succeeds to the
34 functions of a participating municipality which is dissolved
-5- LRB9003036EGfg
1 or terminates its existence shall assume and be transferred
2 the net accumulation balance in the municipality reserve and
3 the municipality account receivable balance of the terminated
4 municipality.
5 (d) In the case of a Veterans Assistance Commission
6 whose employees were being treated by the Fund on January 1,
7 1990 as employees of the county served by the Commission, the
8 Fund may continue to treat the employees of the Veterans
9 Assistance Commission as county employees for the purposes of
10 this Article, unless the Commission becomes a participating
11 instrumentality in accordance with subsection (B) of this
12 Section.
13 (B) Participating instrumentalities.
14 (a) The participating instrumentalities designated in
15 paragraph (b) of this subsection shall be included within and
16 be subject to this Article if:
17 (1) an application to participate, in a form
18 acceptable to the Board and adopted by a two-thirds vote
19 of the governing body, is presented to the Board not
20 later than 90 days prior to the proposed effective date;
21 and
22 (2) the Board finds that the application is in
23 conformity with its requirements, that the applicant has
24 reasonable expectation to continue as a political entity
25 for a period of at least 10 years and has the prospective
26 financial capacity to meet its current and future
27 obligations to the Fund, and that the actuarial soundness
28 of the Fund may be reasonably expected to be unimpaired
29 by approval of participation by the applicant.
30 The Board shall notify the applicant of its findings
31 within 90 days after receiving the application, and if the
32 Board approves the application, participation by the
33 applicant shall commence on the effective date specified by
34 the Board.
-6- LRB9003036EGfg
1 (b) The following participating instrumentalities, so
2 long as they meet the requirements of Section 7-108 and the
3 area served by them or within their jurisdiction is not
4 located entirely within a municipality having more than one
5 million inhabitants, may be included hereunder:
6 i. Township School District Trustees.
7 ii. Multiple County and Consolidated Health
8 Departments created under Division 5-25 of the Counties
9 Code or its predecessor law.
10 iii. Public Building Commissions created under the
11 Public Building Commission Act, and located in counties
12 of less than 1,000,000 inhabitants.
13 iv. A multitype, consolidated or cooperative
14 library system created under the Illinois Library System
15 Act. Any library system created under the Illinois
16 Library System Act that has one or more predecessors that
17 participated in the Fund may participate in the Fund upon
18 application. The Board shall establish procedures for
19 implementing the transfer of rights and obligations from
20 the predecessor system to the successor system.
21 v. Regional Planning Commissions created under
22 Division 5-14 of the Counties Code or its predecessor
23 law.
24 vi. Local Public Housing Authorities created under
25 the Housing Authorities Act, located in counties of less
26 than 1,000,000 inhabitants.
27 vii. Illinois Municipal League.
28 viii. Northeastern Illinois Metropolitan Area
29 Planning Commission.
30 ix. Southwestern Illinois Metropolitan Area
31 Planning Commission.
32 x. Illinois Association of Park Districts.
33 xi. Illinois Supervisors, County Commissioners and
34 Superintendents of Highways Association.
-7- LRB9003036EGfg
1 xii. Tri-City Regional Port District.
2 xiii. An association, or not-for-profit
3 corporation, membership in which is authorized under
4 Section 85-15 of the Township Code.
5 xiv. Drainage Districts operating under the
6 Illinois 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
12 or sewer services or both under Division 135 or Division
13 136 of Article 11 of the Illinois Municipal Code.
14 xviii. Public water districts created under the
15 Public Water District Act.
16 xix. Veterans Assistance Commissions established
17 under Section 9 of the Military Veterans Assistance Act
18 that serve counties with a population of less than
19 1,000,000.
20 xx. The governing body of an entity, other than a
21 vocational education cooperative, created under an
22 intergovernmental cooperative agreement established
23 between participating municipalities under the
24 Intergovernmental Cooperation Act, which by the terms of
25 the agreement is the employer of the persons performing
26 services under the agreement under the usual common law
27 rules determining the employer-employee relationship.
28 The governing body of such an intergovernmental
29 cooperative entity established prior to July 1, 1988 may
30 make participation retroactive to the effective date of
31 the agreement and, if so, the effective date of
32 participation shall be the date the required application
33 is filed with the fund. If any such entity is unable to
34 pay the required employer contributions to the fund, then
-8- LRB9003036EGfg
1 the participating municipalities shall make payment of
2 the required contributions and the payments shall be
3 allocated as provided in the agreement or, if not so
4 provided, equally among them.
5 xxi. The Illinois Municipal Electric Agency.
6 xxii. The Waukegan Port District.
7 xxiii. The Fox Waterway Agency created under the
8 Fox Waterway Agency Act.
9 (c) The governing boards of special education joint
10 agreements created under Section 10-22.31 of the School Code
11 without designation of an administrative district, shall be
12 included within and be subject to this Article as
13 participating instrumentalities when the joint agreement
14 becomes effective. However, the governing board of any such
15 special education joint agreement in effect before September
16 5, 1975 shall not be subject to this Article unless the joint
17 agreement is modified by the school districts to provide that
18 the governing board is subject to this Article.
19 The governing board of a special education joint
20 agreement created under Section 10-22.31 of the School Code
21 for which an administrative district has been designated, if
22 there are employees of the cooperative educational entity who
23 are not employees of the administrative district, may elect
24 to participate in the Fund and be included within this
25 Article as a participating instrumentality, subject to such
26 application procedures and rules as the Board may prescribe.
27 The Boards of Control of cooperative or joint educational
28 programs or projects created and administered under Section
29 3-15.14 of the School Code, whether or not the Boards act as
30 their own administrative district, shall be included within
31 and be subject to this Article as participating
32 instrumentalities when the agreement establishing the
33 cooperative or joint educational program or project becomes
34 effective.
-9- LRB9003036EGfg
1 The governing board of a special education joint
2 agreement entered into after June 30, 1984 and prior to
3 September 17, 1985 which provides for representation on the
4 governing board by less than all the participating districts
5 shall be included within and subject to this Article as a
6 participating instrumentality. Such participation shall be
7 effective as of the date the joint agreement becomes
8 effective.
9 The governing boards of educational service centers
10 established under Section 2-3.62 of the School Code shall be
11 included within and subject to this Article as participating
12 instrumentalities. The governing boards of vocational
13 education cooperative agreements created under the
14 Intergovernmental Cooperation Act and approved by the State
15 Board of Education shall be included within and be subject to
16 this Article as participating instrumentalities. If any such
17 governing boards or boards of control are unable to pay the
18 required employer contributions to the fund, then the school
19 districts served by such boards shall make payment of
20 required contributions as provided in Section 7-172. The
21 payments shall be allocated among the several school
22 districts in proportion to the number of students in average
23 daily attendance for the last full school year for each
24 district in relation to the total number of students in
25 average attendance for such period for all districts served.
26 If such educational service centers, vocational education
27 cooperatives or cooperative or joint educational programs or
28 projects created and administered under Section 3-15.14 of
29 the School Code are dissolved, the assets and obligations
30 shall be distributed among the districts in the same
31 proportions unless otherwise provided.
32 (d) The governing boards of special recreation joint
33 agreements created under Section 8-10b of the Park District
34 Code, operating without designation of an administrative
-10- LRB9003036EGfg
1 district or an administrative municipality appointed to
2 administer the program operating under the authority of such
3 joint agreement shall be included within and be subject to
4 this Article as participating instrumentalities when the
5 joint agreement becomes effective. However, the governing
6 board of any such special recreation joint agreement in
7 effect before January 1, 1980 shall not be subject to this
8 Article unless the joint agreement is modified, by the
9 districts and municipalities which are parties to the
10 agreement, to provide that the governing board is subject to
11 this Article.
12 If the Board returns any employer and employee
13 contributions to any employer which erroneously submitted
14 such contributions on behalf of a special recreation joint
15 agreement, the Board shall include interest computed from the
16 end of each year to the date of payment, not compounded, at
17 the rate of 7% per annum.
18 (e) Each multi-township assessment district, the board
19 of trustees of which has adopted this Article by ordinance
20 prior to April 1, 1982, shall be a participating
21 instrumentality included within and subject to this Article
22 effective December 1, 1981. The contributions required under
23 Section 7-172 shall be included in the budget prepared under
24 and allocated in accordance with Section 2-30 of the Property
25 Tax Code.
26 (f) Beginning January 1, 1992, each prospective
27 participating municipality or participating instrumentality
28 shall pay to the Fund the cost, as determined by the Board,
29 of a study prepared by the Fund or its actuary, detailing the
30 prospective costs of participation in the Fund to be expected
31 by the municipality or instrumentality.
32 (Source: P.A. 88-670, eff. 12-2-94, 88-162, eff. 7-19-95.)
33 Section 90. The State Mandates Act is amended by adding
-11- LRB9003036EGfg
1 Section 8.21 as follows:
2 (30 ILCS 805/8.21 new)
3 Sec. 8.21. Exempt mandate. Notwithstanding Sections 6
4 and 8 of this Act, no reimbursement by the State is required
5 for the implementation of any mandate created by this
6 amendatory Act of 1997.
7 Section 99. Effective date. This Act takes effect upon
8 becoming law.