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Public Act 099-0900 | ||||
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AN ACT concerning public employee benefits.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 10. The Illinois Pension Code is amended by | ||||
changing Section 7-137 and by adding Section 7-137.2 as | ||||
follows:
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(40 ILCS 5/7-137) (from Ch. 108 1/2, par. 7-137)
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Sec. 7-137. Participating and covered employees.
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(a) The persons described in this paragraph (a) shall be | ||||
included within
and be subject to this Article and eligible to | ||||
benefits from this fund,
beginning upon the dates hereinafter | ||||
specified:
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1. Except as to the employees specifically excluded | ||||
under the
provisions of this Article, all persons who are | ||||
employees of any
municipality (or instrumentality thereof) | ||||
or participating
instrumentality on the effective date of | ||||
participation of the
municipality or participating | ||||
instrumentality beginning upon such
effective date.
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2. Except as to the employees specifically excluded | ||||
under the
provisions of this Article, all persons, who | ||||
became employees of any
participating municipality (or | ||||
instrumentality thereof) or participating
instrumentality | ||||
after the effective date of participation of such
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municipality or participating instrumentality, beginning | ||
upon the date
such person becomes an employee.
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3. All persons who file notice with the board as | ||
provided in
paragraph (b) 2 and 3 of this Section, | ||
beginning upon the date of filing
such notice.
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(b) The following described persons shall not be considered
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participating employees eligible for benefits from this fund, | ||
but shall
be included within and be subject to this Article | ||
(each of the
descriptions is not exclusive but is cumulative):
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1. Any person who occupies an office or is employed in | ||
a position
normally requiring performance of duty during | ||
less than 600 hours a year
for a municipality (including | ||
all instrumentalities thereof) or a
participating | ||
instrumentality. If a school treasurer performs services
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for more than one school district, the total number of | ||
hours of service
normally required for the several school | ||
districts shall be considered
to determine whether he | ||
qualifies under this paragraph;
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2. Except as provided in items 2.5 and 2.6, any Any | ||
person who holds elective office unless he has elected | ||
while
in that office in a written notice on file with the | ||
board to become a
participating employee;
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2.5. Except as provided in item 2.6, any person who | ||
holds elective office as a member of a county board, | ||
unless: | ||
(i) the person was first elected as a member of a |
county board before the effective date of this | ||
amendatory Act of the 99th General Assembly; | ||
(ii) the person has elected while in that office, | ||
in a written notice on file with the board, to become a | ||
participating employee; | ||
(iii) the county board has filed the resolution | ||
required by subsection (a) of Section 7-137.2 of this | ||
Article; and | ||
(iv) the person has submitted the required time | ||
sheets evidencing that the person has met the hourly | ||
standard as required by subsection (b) of Section | ||
7-137.2 of this Article; | ||
2.6. Any person who is an elected member of a county
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board and is first so elected on or after the effective
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date of this amendatory Act of the 99th General Assembly;
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3. Any person working for a city hospital unless any | ||
such person,
while in active employment, has elected in a | ||
written notice on file with
the board to become a | ||
participating employee and notification thereof is
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received by the board;
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4. Any person who becomes an employee after June 30, | ||
1979 as a public
service employment program participant | ||
under the federal Comprehensive
Employment and Training | ||
Act and whose wages or fringe benefits are paid in
whole or | ||
in part by funds provided under such Act;
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5. Any person who is actively employed by a |
municipality on its effective date of participation in the | ||
Fund if that municipality (i) has at least 35 employees on | ||
its effective date of participation; (ii) is located in a | ||
county with at least 2,000,000 inhabitants; and (iii) | ||
maintains an independent defined benefit pension plan for | ||
the benefit of its eligible employees, unless the person | ||
files with the board within 90 days after the | ||
municipality's effective date of participation an | ||
irrevocable election to participate.
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(c) Any person electing to be a participating employee, | ||
pursuant to
paragraph (b) of this Section may not change such | ||
election,
except as provided in Section 7-137.1.
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(d) Any employee who occupied the position of school nurse | ||
in any
participating municipality on August 8, 1961 and | ||
continuously thereafter
until the effective date of the | ||
exercise of the option authorized by
this subparagraph, who on | ||
August 7, 1961 was a member of the Teachers'
Retirement System | ||
of Illinois, by virtue of certification by the
Department of | ||
Registration and Education as a public health nurse, may
elect | ||
to terminate participation in this Fund in order to | ||
re-establish
membership in such System. The election may be | ||
exercised by filing
written notice thereof with the Board or | ||
with the Board of Trustees of
said Teachers' Retirement System, | ||
not later than September 30, 1963, and
shall be effective on | ||
the first day of the calendar month next following
the month in | ||
which the notice was filed. If the written notice is filed
with |
such Teachers' Retirement System, that System shall | ||
immediately
notify this Fund, but neither failure nor delay in | ||
notification shall
affect the validity of the employee's | ||
election. If the option is
exercised, the Fund shall notify | ||
such Teachers' Retirement System of
such fact and transfer to | ||
that system the amounts contributed by the
employee to this | ||
Fund, including interest at 3% per annum, but excluding
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contributions applicable to social security coverage during | ||
the period
beginning August 8, 1961 to the effective date of | ||
the employee's
election. Participation in this Fund as to any | ||
credits on or after
August 8, 1961 and up to the effective date | ||
of the employee's election
shall terminate on such effective | ||
date.
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(e) Any participating municipality or participating | ||
instrumentality,
other than a school district or special | ||
education joint agreement created
under Section 10-22.31 of the | ||
School Code, may, by a resolution or
ordinance duly adopted by | ||
its governing body, elect to exclude from
participation and | ||
eligibility for benefits all persons who are employed
after the | ||
effective date of such resolution or ordinance and who occupy | ||
an
office or are employed in a position normally requiring | ||
performance of duty
for less than 1000 hours per year for the | ||
participating municipality
(including all instrumentalities | ||
thereof) or participating instrumentality
except for persons | ||
employed in a position normally requiring performance of
duty | ||
for 600 hours or more per year (i) by such participating |
municipality
or participating instrumentality prior to the | ||
effective date of the
resolution or ordinance and (ii) by a
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participating municipality or participating instrumentality, | ||
which had not
adopted such a resolution when the person was | ||
employed, and the function
served by the employee's position is | ||
assumed by another participating
municipality or participating | ||
instrumentality. Notwithstanding
the foregoing, a | ||
participating municipality or participating
instrumentality | ||
which is formed solely to succeed to the functions of a
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participating municipality or participating instrumentality | ||
shall be
considered to have adopted any such resolution or | ||
ordinance which may have
been applicable to the employees | ||
performing such functions. The election
made by the resolution | ||
or ordinance shall take effect at the time specified
in the | ||
resolution or ordinance, and once effective shall be | ||
irrevocable.
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(Source: P.A. 96-1140, eff. 7-21-10; 97-328, eff. 8-12-11; | ||
97-609, eff. 1-1-12.)
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(40 ILCS 5/7-137.2 new) | ||
Sec. 7-137.2. Participation by elected members of county | ||
boards. | ||
(a) An elected member of a county board is not eligible to | ||
participate in the Fund with respect to that position unless | ||
the county board has adopted a resolution, after public debate | ||
and in a form acceptable to the Fund, certifying that persons |
in the position of elected member of the county board are | ||
expected to work at least 600 hours annually (or 1000 hours | ||
annually in a county that has adopted a resolution pursuant to | ||
subsection (e) of Section 7-137 of this Code). The resolution | ||
must be adopted and filed with the Fund no more than 90 days | ||
after each general election in which a member of the county | ||
board is elected. | ||
(b) An elected member of a county board that participates | ||
in the Fund with respect to that position shall monthly submit, | ||
to the county fiscal officer, time sheets documenting the time | ||
spent on official government business as an elected member of | ||
the county board. The time sheets shall be (1) submitted on | ||
paper or electronically, or both, and (2) maintained by the | ||
county board for 5 years. An elected member of a county board | ||
who fails to submit time sheets or fails to conduct official | ||
government business with respect to that position for either | ||
600 hours or 1000 hours (whichever is applicable) annually | ||
shall not be permitted to continue participation in the Fund as | ||
an elected member of a county board. The Fund may request that | ||
the governing body certify that an elected member of a county | ||
board is permitted to continue participation with respect to | ||
that position.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law. |