Bill Text: IL HB0362 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Illinois Municipal Retirement Fund (IMRF) Article of the Illinois Pension Code. Provides that a person who holds elective office in a participating municipality that is not a home rule unit and is first so elected on or after the effective date of the amendatory Act is not a participating employee with respect to that office. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced) 2017-03-31 - Rule 19(a) / Re-referred to Rules Committee [HB0362 Detail]

Download: Illinois-2017-HB0362-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0362

Introduced , by Rep. Allen Skillicorn

SYNOPSIS AS INTRODUCED:
40 ILCS 5/7-137 from Ch. 108 1/2, par. 7-137

Amends the Illinois Municipal Retirement Fund (IMRF) Article of the Illinois Pension Code. Provides that a person who holds elective office in a participating municipality that is not a home rule unit and is first so elected on or after the effective date of the amendatory Act is not a participating employee with respect to that office. Effective immediately.
LRB100 05239 RPS 15249 b
FISCAL NOTE ACT MAY APPLY
PENSION IMPACT NOTE ACT MAY APPLY

A BILL FOR

HB0362LRB100 05239 RPS 15249 b
1 AN ACT concerning public employee benefits.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Illinois Pension Code is amended by changing
5Section 7-137 as follows:
6 (40 ILCS 5/7-137) (from Ch. 108 1/2, par. 7-137)
7 Sec. 7-137. Participating and covered employees.
8 (a) The persons described in this paragraph (a) shall be
9included within and be subject to this Article and eligible to
10benefits from this fund, beginning upon the dates hereinafter
11specified:
12 1. Except as to the employees specifically excluded
13 under the provisions of this Article, all persons who are
14 employees of any municipality (or instrumentality thereof)
15 or participating instrumentality on the effective date of
16 participation of the municipality or participating
17 instrumentality beginning upon such effective date.
18 2. Except as to the employees specifically excluded
19 under the provisions of this Article, all persons, who
20 became employees of any participating municipality (or
21 instrumentality thereof) or participating instrumentality
22 after the effective date of participation of such
23 municipality or participating instrumentality, beginning

HB0362- 2 -LRB100 05239 RPS 15249 b
1 upon the date such person becomes an employee.
2 3. All persons who file notice with the board as
3 provided in paragraph (b) 2 and 3 of this Section,
4 beginning upon the date of filing such notice.
5 (b) The following described persons shall not be considered
6participating employees eligible for benefits from this fund,
7but shall be included within and be subject to this Article
8(each of the descriptions is not exclusive but is cumulative):
9 1. Any person who occupies an office or is employed in
10 a position normally requiring performance of duty during
11 less than 600 hours a year for a municipality (including
12 all instrumentalities thereof) or a participating
13 instrumentality. If a school treasurer performs services
14 for more than one school district, the total number of
15 hours of service normally required for the several school
16 districts shall be considered to determine whether he
17 qualifies under this paragraph;
18 2. Except as provided in items 2.5, and 2.6, and 2.7,
19 any person who holds elective office unless he or she has
20 elected while in that office in a written notice on file
21 with the board to become a participating employee;
22 2.5. Except as provided in item 2.6, any person who
23 holds elective office as a member of a county board,
24 unless:
25 (i) the person was first elected as a member of a
26 county board before the effective date of this

HB0362- 3 -LRB100 05239 RPS 15249 b
1 amendatory Act of the 99th General Assembly;
2 (ii) the person has elected while in that office,
3 in a written notice on file with the board, to become a
4 participating employee;
5 (iii) the county board has filed the resolution
6 required by subsection (a) of Section 7-137.2 of this
7 Article; and
8 (iv) the person has submitted the required time
9 sheets evidencing that the person has met the hourly
10 standard as required by subsection (b) of Section
11 7-137.2 of this Article;
12 2.6. Any person who is an elected member of a county
13 board and is first so elected on or after the effective
14 date of this amendatory Act of the 99th General Assembly;
15 2.7. Any person who holds elective office in a
16 participating municipality that is not a home rule unit and
17 is first so elected on or after the effective date of this
18 amendatory Act of the 100th General Assembly;
19 3. Any person working for a city hospital unless any
20 such person, while in active employment, has elected in a
21 written notice on file with the board to become a
22 participating employee and notification thereof is
23 received by the board;
24 4. Any person who becomes an employee after June 30,
25 1979 as a public service employment program participant
26 under the federal Comprehensive Employment and Training

HB0362- 4 -LRB100 05239 RPS 15249 b
1 Act and whose wages or fringe benefits are paid in whole or
2 in part by funds provided under such Act;
3 5. Any person who is actively employed by a
4 municipality on its effective date of participation in the
5 Fund if that municipality (i) has at least 35 employees on
6 its effective date of participation; (ii) is located in a
7 county with at least 2,000,000 inhabitants; and (iii)
8 maintains an independent defined benefit pension plan for
9 the benefit of its eligible employees, unless the person
10 files with the board within 90 days after the
11 municipality's effective date of participation an
12 irrevocable election to participate.
13 (c) Any person electing to be a participating employee,
14pursuant to paragraph (b) of this Section may not change such
15election, except as provided in Section 7-137.1.
16 (d) Any employee who occupied the position of school nurse
17in any participating municipality on August 8, 1961 and
18continuously thereafter until the effective date of the
19exercise of the option authorized by this subparagraph, who on
20August 7, 1961 was a member of the Teachers' Retirement System
21of Illinois, by virtue of certification by the Department of
22Registration and Education as a public health nurse, may elect
23to terminate participation in this Fund in order to
24re-establish membership in such System. The election may be
25exercised by filing written notice thereof with the Board or
26with the Board of Trustees of said Teachers' Retirement System,

HB0362- 5 -LRB100 05239 RPS 15249 b
1not later than September 30, 1963, and shall be effective on
2the first day of the calendar month next following the month in
3which the notice was filed. If the written notice is filed with
4such Teachers' Retirement System, that System shall
5immediately notify this Fund, but neither failure nor delay in
6notification shall affect the validity of the employee's
7election. If the option is exercised, the Fund shall notify
8such Teachers' Retirement System of such fact and transfer to
9that system the amounts contributed by the employee to this
10Fund, including interest at 3% per annum, but excluding
11contributions applicable to social security coverage during
12the period beginning August 8, 1961 to the effective date of
13the employee's election. Participation in this Fund as to any
14credits on or after August 8, 1961 and up to the effective date
15of the employee's election shall terminate on such effective
16date.
17 (e) Any participating municipality or participating
18instrumentality, other than a school district or special
19education joint agreement created under Section 10-22.31 of the
20School Code, may, by a resolution or ordinance duly adopted by
21its governing body, elect to exclude from participation and
22eligibility for benefits all persons who are employed after the
23effective date of such resolution or ordinance and who occupy
24an office or are employed in a position normally requiring
25performance of duty for less than 1000 hours per year for the
26participating municipality (including all instrumentalities

HB0362- 6 -LRB100 05239 RPS 15249 b
1thereof) or participating instrumentality except for persons
2employed in a position normally requiring performance of duty
3for 600 hours or more per year (i) by such participating
4municipality or participating instrumentality prior to the
5effective date of the resolution or ordinance and (ii) by a
6participating municipality or participating instrumentality,
7which had not adopted such a resolution when the person was
8employed, and the function served by the employee's position is
9assumed by another participating municipality or participating
10instrumentality. Notwithstanding the foregoing, a
11participating municipality or participating instrumentality
12which is formed solely to succeed to the functions of a
13participating municipality or participating instrumentality
14shall be considered to have adopted any such resolution or
15ordinance which may have been applicable to the employees
16performing such functions. The election made by the resolution
17or ordinance shall take effect at the time specified in the
18resolution or ordinance, and once effective shall be
19irrevocable.
20(Source: P.A. 99-900, eff. 8-26-16.)
feedback