Rep. David S. Olsen

Filed: 3/7/2017

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 291

2    AMENDMENT NO. ______. Amend House Bill 291 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Pension Code is amended by
5changing Section 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

 

 

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

 

 

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1    elected while in that office in a written notice on file
2    with the board to become a participating employee;
3        2.5. Except as provided in item 2.6, any person who
4    holds elective office as a member of a county board,
5    unless:
6            (i) the person was first elected as a member of a
7        county board before the effective date of this
8        amendatory Act of the 99th General Assembly;
9            (ii) the person has elected while in that office,
10        in a written notice on file with the board, to become a
11        participating employee;
12            (iii) the county board has filed the resolution
13        required by subsection (a) of Section 7-137.2 of this
14        Article; and
15            (iv) the person has submitted the required time
16        sheets evidencing that the person has met the hourly
17        standard as required by subsection (b) of Section
18        7-137.2 of this Article;
19        2.6. Any person who is an elected member of a county
20    board and is first so elected on or after the effective
21    date of this amendatory Act of the 99th General Assembly;
22        2.7. Any person who holds part-time elective office,
23    unless he or she (i) was elected to that office before the
24    effective date of this amendatory Act of the 100th General
25    Assembly and (ii) has elected while in that office in a
26    written notice on file with the board to become a

 

 

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1    participating employee. An elective office shall be deemed
2    to be part-time if it normally requires the performance of
3    duty during less than 1000 hours a year for the
4    participating municipality or instrumentality;
5        3. Any person working for a city hospital unless any
6    such person, while in active employment, has elected in a
7    written notice on file with the board to become a
8    participating employee and notification thereof is
9    received by the board;
10        4. Any person who becomes an employee after June 30,
11    1979 as a public service employment program participant
12    under the federal Comprehensive Employment and Training
13    Act and whose wages or fringe benefits are paid in whole or
14    in part by funds provided under such Act;
15        5. Any person who is actively employed by a
16    municipality on its effective date of participation in the
17    Fund if that municipality (i) has at least 35 employees on
18    its effective date of participation; (ii) is located in a
19    county with at least 2,000,000 inhabitants; and (iii)
20    maintains an independent defined benefit pension plan for
21    the benefit of its eligible employees, unless the person
22    files with the board within 90 days after the
23    municipality's effective date of participation an
24    irrevocable election to participate.
25    (c) Any person electing to be a participating employee,
26pursuant to paragraph (b) of this Section may not change such

 

 

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1election, except as provided in Section 7-137.1.
2    (d) Any employee who occupied the position of school nurse
3in any participating municipality on August 8, 1961 and
4continuously thereafter until the effective date of the
5exercise of the option authorized by this subparagraph, who on
6August 7, 1961 was a member of the Teachers' Retirement System
7of Illinois, by virtue of certification by the Department of
8Registration and Education as a public health nurse, may elect
9to terminate participation in this Fund in order to
10re-establish membership in such System. The election may be
11exercised by filing written notice thereof with the Board or
12with the Board of Trustees of said Teachers' Retirement System,
13not later than September 30, 1963, and shall be effective on
14the first day of the calendar month next following the month in
15which the notice was filed. If the written notice is filed with
16such Teachers' Retirement System, that System shall
17immediately notify this Fund, but neither failure nor delay in
18notification shall affect the validity of the employee's
19election. If the option is exercised, the Fund shall notify
20such Teachers' Retirement System of such fact and transfer to
21that system the amounts contributed by the employee to this
22Fund, including interest at 3% per annum, but excluding
23contributions applicable to social security coverage during
24the period beginning August 8, 1961 to the effective date of
25the employee's election. Participation in this Fund as to any
26credits on or after August 8, 1961 and up to the effective date

 

 

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

 

 

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1ordinance which may have been applicable to the employees
2performing such functions. The election made by the resolution
3or ordinance shall take effect at the time specified in the
4resolution or ordinance, and once effective shall be
5irrevocable.
6(Source: P.A. 99-900, eff. 8-26-16.)".