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| Public Act 100-0274
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| HB3122 Enrolled | LRB100 10261 RPS 20447 b |
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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 5. The Illinois Pension Code is amended by changing |
Section
7-137 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 |
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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, and 2.7, |
any person who holds elective office, unless he or she 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 |
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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; |
2.7. Any person who holds part-time office as a member |
of a governing body, whether he or she is elected or |
appointed, unless he or she (i) was elected or appointed to |
that office before the effective date of this amendatory |
Act of the 100th General Assembly and (ii) has elected |
while
in that office in a written notice on file with the |
board to become a
participating employee. An office as a |
member of a governing body shall be deemed to be part-time |
if it normally requires the performance of duty during less |
than 1000 hours a year for the governing body of the |
participating municipality or instrumentality;
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3. Any person working for a city hospital unless any |
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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 |
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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 |
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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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