Bill Text: IL SB3119 | 2017-2018 | 100th General Assembly | Enrolled

Bill Title: Amends the Illinois Municipal Retirement Fund (IMRF) Article of the Illinois Pension Code. Provides that a person who participated as a chief of police in a fund under the Downstate Police Article and returns to work in any capacity with the police department, with any oversight of the police department, or in an advisory capacity for the police department with the same municipality with which that pension was earned, regardless of whether he or she is considered an employee of the police department or is eligible for inclusion in the municipality's downstate police fund, is not considered an employee under the IMRF Article. Effective January 1, 2019.

Spectrum: Bipartisan Bill

Status: (Enrolled) 2018-06-28 - Sent to the Governor [SB3119 Detail]

Download: Illinois-2017-SB3119-Enrolled.html

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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
5Sections 4-112, 7-109, and 7-109.3 as follows:
6 (40 ILCS 5/4-112) (from Ch. 108 1/2, par. 4-112)
7 Sec. 4-112. Determination of disability; restoration to
8active service; disability cannot constitute cause for
9discharge. A disability pension shall not be paid until
10disability has been established by the board by examinations of
11the firefighter at pension fund expense by 3 physicians
12selected by the board and such other evidence as the board
13deems necessary. The 3 physicians selected by the board need
14not agree as to the existence of any disability or the nature
15and extent of a disability. Medical examination of a
16firefighter receiving a disability pension shall be made at
17least once each year prior to attainment of age 50 in order to
18verify continuance of disability, except that a medical
19examination of a firefighter receiving a disability pension for
20post-traumatic stress disorder (PTSD) related to his or her
21service as a firefighter shall not be made if: (1) the
22firefighter has attained age 45; (2) the firefighter has
23provided to the board documentation approving the

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1discontinuance of the medical examination from at least 2
2physicians; and (3) at least 4 members of the board have voted
3in the affirmative to allow the firefighter to discontinue the
4medical examination. No examination shall be required after age
550. No physical or mental disability that constitutes, in whole
6or in part, the basis of an application for benefits under this
7Article may be used, in whole or in part, by any municipality
8or fire protection district employing firefighters, emergency
9medical technicians, or paramedics as cause for discharge.
10 Upon satisfactory proof to the board that a firefighter on
11the disability pension has recovered from disability, the board
12shall terminate the disability pension. The firefighter shall
13report to the marshal or chief of the fire department, who
14shall thereupon order immediate reinstatement into active
15service, and the municipality shall immediately return the
16firefighter to its payroll, in the same rank or grade held at
17the date he or she was placed on disability pension. If the
18firefighter must file a civil action against the municipality
19to enforce his or her mandated return to payroll under this
20paragraph, then the firefighter is entitled to recovery of
21reasonable court costs and attorney's fees.
22 The firefighter shall be entitled to 10 days notice before
23any hearing or meeting of the board at which the question of
24his or her disability is to be considered, and shall have the
25right to be present at any such hearing or meeting, and to be
26represented by counsel; however, the board shall not have any

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1obligation to provide such fireman with counsel.
2(Source: P.A. 95-681, eff. 10-11-07.)
3 (40 ILCS 5/7-109) (from Ch. 108 1/2, par. 7-109)
4 Sec. 7-109. Employee.
5 (1) "Employee" means any person who:
6 (a) 1. Receives earnings as payment for the performance
7 of personal services or official duties out of the general
8 fund of a municipality, or out of any special fund or funds
9 controlled by a municipality, or by an instrumentality
10 thereof, or a participating instrumentality, including, in
11 counties, the fees or earnings of any county fee office;
12 and
13 2. Under the usual common law rules applicable in
14 determining the employer-employee relationship, has the
15 status of an employee with a municipality, or any
16 instrumentality thereof, or a participating
17 instrumentality, including aldermen, county supervisors
18 and other persons (excepting those employed as independent
19 contractors) who are paid compensation, fees, allowances
20 or other emolument for official duties, and, in counties,
21 the several county fee offices.
22 (b) Serves as a township treasurer appointed under the
23 School Code, as heretofore or hereafter amended, and who
24 receives for such services regular compensation as
25 distinguished from per diem compensation, and any regular

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1 employee in the office of any township treasurer whether or
2 not his earnings are paid from the income of the permanent
3 township fund or from funds subject to distribution to the
4 several school districts and parts of school districts as
5 provided in the School Code, or from both such sources; or
6 is the chief executive officer, chief educational officer,
7 chief fiscal officer, or other employee of a Financial
8 Oversight Panel established pursuant to Article 1H of the
9 School Code, other than a superintendent or certified
10 school business official, except that such person shall not
11 be treated as an employee under this Section if that person
12 has negotiated with the Financial Oversight Panel, in
13 conjunction with the school district, a contractual
14 agreement for exclusion from this Section.
15 (c) Holds an elective office in a municipality,
16 instrumentality thereof or participating instrumentality.
17 (2) "Employee" does not include persons who:
18 (a) Are eligible for inclusion under any of the
19 following laws:
20 1. "An Act in relation to an Illinois State
21 Teachers' Pension and Retirement Fund", approved May
22 27, 1915, as amended;
23 2. Articles 15 and 16 of this Code.
24 However, such persons shall be included as employees to
25 the extent of earnings that are not eligible for inclusion
26 under the foregoing laws for services not of an

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1 instructional nature of any kind.
2 However, any member of the armed forces who is employed
3 as a teacher of subjects in the Reserve Officers Training
4 Corps of any school and who is not certified under the law
5 governing the certification of teachers shall be included
6 as an employee.
7 (b) Are designated by the governing body of a
8 municipality in which a pension fund is required by law to
9 be established for policemen or firemen, respectively, as
10 performing police or fire protection duties, except that
11 when such persons are the heads of the police or fire
12 department and are not eligible to be included within any
13 such pension fund, they shall be included within this
14 Article; provided, that such persons shall not be excluded
15 to the extent of concurrent service and earnings not
16 designated as being for police or fire protection duties.
17 However, (i) any head of a police department who was a
18 participant under this Article immediately before October
19 1, 1977 and did not elect, under Section 3-109 of this Act,
20 to participate in a police pension fund shall be an
21 "employee", and (ii) any chief of police who became a
22 participating employee under this Article before January
23 1, 2019 and who elects to participate in this Fund under
24 Section 3-109.1 of this Code, regardless of whether such
25 person continues to be employed as chief of police or is
26 employed in some other rank or capacity within the police

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1 department, shall be an employee under this Article for so
2 long as such person is employed to perform police duties by
3 a participating municipality and has not lawfully
4 rescinded that election.
5 (b-5) Were not participating employees under this
6 Article before the effective date of this amendatory Act of
7 the 100th General Assembly and participated as a chief of
8 police in a fund under Article 3 and return to work in any
9 capacity with the police department, with any oversight of
10 the police department, or in an advisory capacity for the
11 police department with the same municipality with which
12 that pension was earned, regardless of whether they are
13 considered an employee of the police department or are
14 eligible for inclusion in the municipality's Article 3
15 fund.
16 (c) Are contributors to or eligible to contribute to a
17 Taft-Hartley pension plan to which the participating
18 municipality is required to contribute as the person's
19 employer based on earnings from the municipality. Nothing
20 in this paragraph shall affect service credit or creditable
21 service for any period of service prior to the effective
22 date of this amendatory Act of the 98th General Assembly,
23 and this paragraph shall not apply to individuals who are
24 participating in the Fund prior to the effective date of
25 this amendatory Act of the 98th General Assembly.
26 (d) Become an employee of any of the following

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1 participating instrumentalities on or after the effective
2 date of this amendatory Act of the 99th General Assembly:
3 the Illinois Municipal League; the Illinois Association of
4 Park Districts; the Illinois Supervisors, County
5 Commissioners and Superintendents of Highways Association;
6 an association, or not-for-profit corporation, membership
7 in which is authorized under Section 85-15 of the Township
8 Code; the United Counties Council; or the Will County
9 Governmental League.
10 (3) All persons, including, without limitation, public
11defenders and probation officers, who receive earnings from
12general or special funds of a county for performance of
13personal services or official duties within the territorial
14limits of the county, are employees of the county (unless
15excluded by subsection (2) of this Section) notwithstanding
16that they may be appointed by and are subject to the direction
17of a person or persons other than a county board or a county
18officer. It is hereby established that an employer-employee
19relationship under the usual common law rules exists between
20such employees and the county paying their salaries by reason
21of the fact that the county boards fix their rates of
22compensation, appropriate funds for payment of their earnings
23and otherwise exercise control over them. This finding and this
24amendatory Act shall apply to all such employees from the date
25of appointment whether such date is prior to or after the
26effective date of this amendatory Act and is intended to

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1clarify existing law pertaining to their status as
2participating employees in the Fund.
3(Source: P.A. 99-830, eff. 1-1-17; 100-281, eff. 8-24-17.)
4 (40 ILCS 5/7-109.3) (from Ch. 108 1/2, par. 7-109.3)
5 Sec. 7-109.3. "Sheriff's Law Enforcement Employees".
6 (a) "Sheriff's law enforcement employee" or "SLEP" means:
7 (1) A county sheriff and all deputies, other than
8 special deputies, employed on a full time basis in the
9 office of the sheriff.
10 (2) A person who has elected to participate in this
11 Fund under Section 3-109.1 of this Code, and who is
12 employed by a participating municipality to perform police
13 duties.
14 (3) A law enforcement officer employed on a full time
15 basis by a Forest Preserve District, provided that such
16 officer shall be deemed a "sheriff's law enforcement
17 employee" for the purposes of this Article, and service in
18 that capacity shall be deemed to be service as a sheriff's
19 law enforcement employee, only if the board of
20 commissioners of the District have so elected by adoption
21 of an affirmative resolution. Such election, once made, may
22 not be rescinded.
23 (4) A person not eligible to participate in a fund
24 established under Article 3 of this Code who is employed on
25 a full-time basis by a participating municipality or

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1 participating instrumentality to perform police duties at
2 an airport, but only if the governing authority of the
3 employer has approved sheriff's law enforcement employee
4 status for its airport police employees by adoption of an
5 affirmative resolution. Such approval, once given, may not
6 be rescinded.
7 (5) A person first hired on or after January 1, 2011
8 who (i) is employed by a participating municipality that
9 has both 30 or more full-time police officers and 50 or
10 more full-time firefighters and has not established a fund
11 under Article 3 or Article 4 of this Code and (ii) is
12 employed on a full-time basis by that participating
13 municipality to perform police duties or firefighting and
14 EMS duties; but only if the governing authority of that
15 municipality has approved sheriff's law enforcement
16 employee status for its police officer or firefighter
17 employees by adoption of an affirmative resolution. The
18 resolution must specify that SLEP status shall be
19 applicable to such employment occurring on or after the
20 adoption of the resolution. Such resolution shall be
21 irrevocable, but shall automatically terminate upon the
22 establishment of an Article 3 or 4 fund by the
23 municipality.
24 (b) An employee who is a sheriff's law enforcement employee
25and is granted military leave or authorized leave of absence
26shall receive service credit in that capacity. Sheriff's law

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1enforcement employees shall not be entitled to out-of-State
2service credit under Section 7-139.
3(Source: P.A. 100-354, eff. 8-25-17.)
4 Section 99. Effective date. This Act takes effect upon
5becoming law.