Bill Text: IL HB3729 | 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 is an elected municipal official shall not be considered a participating employee, unless (1) the person has elected to become a participating employee; (2) the governing body has filed a resolution certifying that a person in that position is expected to work more than 600 hours (or 1,000 hours if the participating municipality has adopted a specified resolution); and (3) the person has submitted logs evidencing that he or she has met the hourly standard. Requires the resolution to be adopted and filed with the Fund no more than 90 days after the general election in which any municipal official was elected. Provides that with respect to a participant who holds elected municipal office on the effective date, the resolution requirement does not affect participation by that elected municipal official with respect to that term of office until 90 days after the effective date. Contains provisions specifying the manner of documenting and submitting the time spent on official government business. Provides that an elected municipal official who fails to submit time sheets or fails to conduct official government business for either 600 or 1,000 hours (whichever is applicable) with respect to that position shall not be permitted to continue participation in the Fund as an elected municipal official. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 12-6)

Status: (Introduced) 2017-10-04 - Added Co-Sponsor Rep. Jonathan Carroll [HB3729 Detail]

Download: Illinois-2017-HB3729-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3729

Introduced , by Rep. Martin J. Moylan

SYNOPSIS AS INTRODUCED:
40 ILCS 5/7-137 from Ch. 108 1/2, par. 7-137
40 ILCS 5/7-137.3 new

Amends the Illinois Municipal Retirement Fund (IMRF) Article of the Illinois Pension Code. Provides that a person who is an elected municipal official shall not be considered a participating employee, unless (1) the person has elected to become a participating employee; (2) the governing body has filed a resolution certifying that a person in that position is expected to work more than 600 hours (or 1,000 hours if the participating municipality has adopted a specified resolution); and (3) the person has submitted logs evidencing that he or she has met the hourly standard. Requires the resolution to be adopted and filed with the Fund no more than 90 days after the general election in which any municipal official was elected. Provides that with respect to a participant who holds elected municipal office on the effective date, the resolution requirement does not affect participation by that elected municipal official with respect to that term of office until 90 days after the effective date. Contains provisions specifying the manner of documenting and submitting the time spent on official government business. Provides that an elected municipal official who fails to submit time sheets or fails to conduct official government business for either 600 or 1,000 hours (whichever is applicable) with respect to that position shall not be permitted to continue participation in the Fund as an elected municipal official. Effective immediately.
LRB100 05344 RPS 15355 b
FISCAL NOTE ACT MAY APPLY
PENSION IMPACT NOTE ACT MAY APPLY

A BILL FOR

HB3729LRB100 05344 RPS 15355 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 and by adding Section 7-137.3 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

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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 has elected
20 while in that office in a written notice on file with the
21 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

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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
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 is an elected official of a
16 participating municipality, unless:
17 (i) the person has elected while in that office, in
18 a written notice on file with the board, to become a
19 participating employee;
20 (ii) the participating municipality has filed the
21 resolution required by subsection (a) of Section 7-137.3;
22 and
23 (iii) the person has submitted the required time
24 sheets evidencing that the person has met the hourly
25 standard as required by subsection (b) of Section
26 7-137.3;

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1 3. Any person working for a city hospital unless any
2 such person, while in active employment, has elected in a
3 written notice on file with the board to become a
4 participating employee and notification thereof is
5 received by the board;
6 4. Any person who becomes an employee after June 30,
7 1979 as a public service employment program participant
8 under the federal Comprehensive Employment and Training
9 Act and whose wages or fringe benefits are paid in whole or
10 in part by funds provided under such Act;
11 5. Any person who is actively employed by a
12 municipality on its effective date of participation in the
13 Fund if that municipality (i) has at least 35 employees on
14 its effective date of participation; (ii) is located in a
15 county with at least 2,000,000 inhabitants; and (iii)
16 maintains an independent defined benefit pension plan for
17 the benefit of its eligible employees, unless the person
18 files with the board within 90 days after the
19 municipality's effective date of participation an
20 irrevocable election to participate.
21 (c) Any person electing to be a participating employee,
22pursuant to paragraph (b) of this Section may not change such
23election, except as provided in Section 7-137.1.
24 (d) Any employee who occupied the position of school nurse
25in any participating municipality on August 8, 1961 and
26continuously thereafter until the effective date of the

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1exercise of the option authorized by this subparagraph, who on
2August 7, 1961 was a member of the Teachers' Retirement System
3of Illinois, by virtue of certification by the Department of
4Registration and Education as a public health nurse, may elect
5to terminate participation in this Fund in order to
6re-establish membership in such System. The election may be
7exercised by filing written notice thereof with the Board or
8with the Board of Trustees of said Teachers' Retirement System,
9not later than September 30, 1963, and shall be effective on
10the first day of the calendar month next following the month in
11which the notice was filed. If the written notice is filed with
12such Teachers' Retirement System, that System shall
13immediately notify this Fund, but neither failure nor delay in
14notification shall affect the validity of the employee's
15election. If the option is exercised, the Fund shall notify
16such Teachers' Retirement System of such fact and transfer to
17that system the amounts contributed by the employee to this
18Fund, including interest at 3% per annum, but excluding
19contributions applicable to social security coverage during
20the period beginning August 8, 1961 to the effective date of
21the employee's election. Participation in this Fund as to any
22credits on or after August 8, 1961 and up to the effective date
23of the employee's election shall terminate on such effective
24date.
25 (e) Any participating municipality or participating
26instrumentality, other than a school district or special

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1education joint agreement created under Section 10-22.31 of the
2School Code, may, by a resolution or ordinance duly adopted by
3its governing body, elect to exclude from participation and
4eligibility for benefits all persons who are employed after the
5effective date of such resolution or ordinance and who occupy
6an office or are employed in a position normally requiring
7performance of duty for less than 1000 hours per year for the
8participating municipality (including all instrumentalities
9thereof) or participating instrumentality except for persons
10employed in a position normally requiring performance of duty
11for 600 hours or more per year (i) by such participating
12municipality or participating instrumentality prior to the
13effective date of the resolution or ordinance and (ii) by a
14participating municipality or participating instrumentality,
15which had not adopted such a resolution when the person was
16employed, and the function served by the employee's position is
17assumed by another participating municipality or participating
18instrumentality. Notwithstanding the foregoing, a
19participating municipality or participating instrumentality
20which is formed solely to succeed to the functions of a
21participating municipality or participating instrumentality
22shall be considered to have adopted any such resolution or
23ordinance which may have been applicable to the employees
24performing such functions. The election made by the resolution
25or ordinance shall take effect at the time specified in the
26resolution or ordinance, and once effective shall be

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1irrevocable.
2(Source: P.A. 99-900, eff. 8-26-16.)
3 (40 ILCS 5/7-137.3 new)
4 Sec. 7-137.3. Participation by elected municipal
5officials.
6 (a) An elected municipal official is not eligible to
7participate in the Fund with respect to that position unless
8the participating municipality has adopted a resolution, after
9public debate and in a form acceptable to the Fund, certifying
10that persons in that position are expected to work at least 600
11hours annually (or 1000 hours annually in a participating
12municipality that has adopted a resolution pursuant to
13subsection (e) of Section 7-137 of this Code). The resolution
14must be adopted and filed with the Fund no more than 90 days
15after each general election in which any municipal official is
16elected.
17 (b) An elected municipal official that participates in the
18Fund with respect to that position shall monthly submit, to the
19fiscal officer of the participating municipality, time sheets
20documenting the time spent on official government business as
21an elected municipal official. The time sheets shall be (1)
22submitted on paper or electronically, or both, and (2)
23maintained by the participating municipality for 5 years. An
24elected municipal official who fails to submit time sheets or
25fails to conduct official government business with respect to

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1that position for either 600 hours or 1000 hours (whichever is
2applicable) annually shall not be permitted to continue
3participation in the Fund as an elected municipal official. The
4Fund may request that the participating municipality certify
5that an elected municipal official is permitted to continue
6participation with respect to that position.
7 With respect to a participant who holds elected municipal
8office on the effective date of this amendatory Act of the
9100th General Assembly, the changes made to this subsection (b)
10by this amendatory Act of the 100th General Assembly do not
11affect participation by that elected municipal official with
12respect to that term of office until 90 days after the
13effective date of this amendatory Act.
14 Section 99. Effective date. This Act takes effect upon
15becoming law.
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