Bill Text: IL HB2748 | 2019-2020 | 101st General Assembly | Introduced
Bill Title: Amends the Illinois Municipal Retirement Fund Article of the Illinois Pension Code. Provides that a person who holds part-time elective office is not a participating employee with respect to that office, unless he or she (i) was elected to that office before the effective date of the amendatory Act and (ii) has elected while in that office to become a contributor. Provides that an elective office shall be presumed to be part-time in the absence of an official job description or determination by the legal advisor of the applicable unit of local government, filed with the Board of the Fund every 4 years, declaring the elective office to be full-time.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-03-29 - Rule 19(a) / Re-referred to Rules Committee [HB2748 Detail]
Download: Illinois-2019-HB2748-Introduced.html
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1 | AN ACT concerning public employee benefits.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Pension Code is amended by changing | ||||||||||||||||||||||||
5 | Section
7-137 as follows:
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6 | (40 ILCS 5/7-137) (from Ch. 108 1/2, par. 7-137)
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7 | Sec. 7-137. Participating and covered employees.
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8 | (a) The persons described in this paragraph (a) shall be | ||||||||||||||||||||||||
9 | included within
and be subject to this Article and eligible to | ||||||||||||||||||||||||
10 | benefits from this fund,
beginning upon the dates hereinafter | ||||||||||||||||||||||||
11 | specified:
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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.
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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
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23 | municipality or participating instrumentality, beginning |
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1 | upon the date
such person becomes an employee.
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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.
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5 | (b) The following described persons shall not be considered
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6 | participating employees eligible for benefits from this fund, | ||||||
7 | but shall
be included within and be subject to this Article | ||||||
8 | (each of the
descriptions is not exclusive but is cumulative):
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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
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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;
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18 | 2. Except as provided in items 2.5, 2.6, and 2.7, and | ||||||
19 | 2.8 any person who holds elective office, unless he or she | ||||||
20 | has elected while
in that office in a written notice on | ||||||
21 | file with the board to become a
participating employee;
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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 |
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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
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13 | board and is first so elected on or after the effective
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14 | date of this amendatory Act of the 99th General Assembly; | ||||||
15 | 2.7. Any person who holds part-time office as a member | ||||||
16 | of a governing body, whether he or she is elected or | ||||||
17 | appointed, unless he or she (i) was elected or appointed to | ||||||
18 | that office before the effective date of this amendatory | ||||||
19 | Act of the 100th General Assembly and (ii) has elected | ||||||
20 | while
in that office in a written notice on file with the | ||||||
21 | board to become a
participating employee. An office as a | ||||||
22 | member of a governing body shall be deemed to be part-time | ||||||
23 | if it normally requires the performance of duty during less | ||||||
24 | than 1000 hours a year for the governing body of the | ||||||
25 | participating municipality or instrumentality; | ||||||
26 | 2.8. Any person who holds part-time elective office, |
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1 | unless he or she (i) was elected to that office before the | ||||||
2 | effective date of this amendatory Act of the 101st General | ||||||
3 | Assembly and (ii) has elected while
in that office in a | ||||||
4 | written notice on file with the board to become a
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5 | participating employee. An elective office shall be | ||||||
6 | presumed to be part-time in the absence of an official job | ||||||
7 | description or determination by the legal advisor of the | ||||||
8 | applicable participating municipality or participating | ||||||
9 | instrumentality, filed with the Board every 4 years, | ||||||
10 | declaring the elective position to be full-time; | ||||||
11 | 3. Any person working for a city hospital unless any | ||||||
12 | such person,
while in active employment, has elected in a | ||||||
13 | written notice on file with
the board to become a | ||||||
14 | participating employee and notification thereof is
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15 | received by the board;
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16 | 4. Any person who becomes an employee after June 30, | ||||||
17 | 1979 as a public
service employment program participant | ||||||
18 | under the federal Comprehensive
Employment and Training | ||||||
19 | Act and whose wages or fringe benefits are paid in
whole or | ||||||
20 | in part by funds provided under such Act;
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21 | 5. Any person who is actively employed by a | ||||||
22 | municipality on its effective date of participation in the | ||||||
23 | Fund if that municipality (i) has at least 35 employees on | ||||||
24 | its effective date of participation; (ii) is located in a | ||||||
25 | county with at least 2,000,000 inhabitants; and (iii) | ||||||
26 | maintains an independent defined benefit pension plan for |
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1 | the benefit of its eligible employees, unless the person | ||||||
2 | files with the board within 90 days after the | ||||||
3 | municipality's effective date of participation an | ||||||
4 | irrevocable election to participate.
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5 | (c) Any person electing to be a participating employee, | ||||||
6 | pursuant to
paragraph (b) of this Section may not change such | ||||||
7 | election,
except as provided in Section 7-137.1.
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8 | (d) Any employee who occupied the position of school nurse | ||||||
9 | in any
participating municipality on August 8, 1961 and | ||||||
10 | continuously thereafter
until the effective date of the | ||||||
11 | exercise of the option authorized by
this subparagraph, who on | ||||||
12 | August 7, 1961 was a member of the Teachers'
Retirement System | ||||||
13 | of Illinois, by virtue of certification by the
Department of | ||||||
14 | Registration and Education as a public health nurse, may
elect | ||||||
15 | to terminate participation in this Fund in order to | ||||||
16 | re-establish
membership in such System. The election may be | ||||||
17 | exercised by filing
written notice thereof with the Board or | ||||||
18 | with the Board of Trustees of
said Teachers' Retirement System, | ||||||
19 | not later than September 30, 1963, and
shall be effective on | ||||||
20 | the first day of the calendar month next following
the month in | ||||||
21 | which the notice was filed. If the written notice is filed
with | ||||||
22 | such Teachers' Retirement System, that System shall | ||||||
23 | immediately
notify this Fund, but neither failure nor delay in | ||||||
24 | notification shall
affect the validity of the employee's | ||||||
25 | election. If the option is
exercised, the Fund shall notify | ||||||
26 | such Teachers' Retirement System of
such fact and transfer to |
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1 | that system the amounts contributed by the
employee to this | ||||||
2 | Fund, including interest at 3% per annum, but excluding
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3 | contributions applicable to social security coverage during | ||||||
4 | the period
beginning August 8, 1961 to the effective date of | ||||||
5 | the employee's
election. Participation in this Fund as to any | ||||||
6 | credits on or after
August 8, 1961 and up to the effective date | ||||||
7 | of the employee's election
shall terminate on such effective | ||||||
8 | date.
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9 | (e) Any participating municipality or participating | ||||||
10 | instrumentality,
other than a school district or special | ||||||
11 | education joint agreement created
under Section 10-22.31 of the | ||||||
12 | School Code, may, by a resolution or
ordinance duly adopted by | ||||||
13 | its governing body, elect to exclude from
participation and | ||||||
14 | eligibility for benefits all persons who are employed
after the | ||||||
15 | effective date of such resolution or ordinance and who occupy | ||||||
16 | an
office or are employed in a position normally requiring | ||||||
17 | performance of duty
for less than 1000 hours per year for the | ||||||
18 | participating municipality
(including all instrumentalities | ||||||
19 | thereof) or participating instrumentality
except for persons | ||||||
20 | employed in a position normally requiring performance of
duty | ||||||
21 | for 600 hours or more per year (i) by such participating | ||||||
22 | municipality
or participating instrumentality prior to the | ||||||
23 | effective date of the
resolution or ordinance and (ii) by a
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24 | participating municipality or participating instrumentality, | ||||||
25 | which had not
adopted such a resolution when the person was | ||||||
26 | employed, and the function
served by the employee's position is |
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1 | assumed by another participating
municipality or participating | ||||||
2 | instrumentality. Notwithstanding
the foregoing, a | ||||||
3 | participating municipality or participating
instrumentality | ||||||
4 | which is formed solely to succeed to the functions of a
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5 | participating municipality or participating instrumentality | ||||||
6 | shall be
considered to have adopted any such resolution or | ||||||
7 | ordinance which may have
been applicable to the employees | ||||||
8 | performing such functions. The election
made by the resolution | ||||||
9 | or ordinance shall take effect at the time specified
in the | ||||||
10 | resolution or ordinance, and once effective shall be | ||||||
11 | irrevocable.
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12 | (Source: P.A. 99-900, eff. 8-26-16; 100-274, eff. 1-1-18 .)
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