Rep. Deb Conroy

Filed: 4/10/2017





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2    AMENDMENT NO. ______. Amend House Bill 3908 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
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, 2.7, and
26    2.8, any person who holds elective office unless he 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 is a member of a governing body of
23    a forest preserve district, whether he or she is elected or
24    appointed, unless:
25            (i) the person was first elected or appointed to
26    that office before the effective date of this amendatory



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1    Act of the 100th General Assembly and the person has
2    elected while in that office, in a written notice on file
3    with the board, to become a participating employee; and
4            (ii) the governing body has certified to the Fund
5    that the position normally requires the performance of duty
6    during 1000 hours or more per year.
7        2.8. Any person who is an elected or appointed official
8    of a forest preserve district and is first so elected or
9    appointed on or after the effective date of this amendatory
10    Act of the 100th General Assembly;
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
15    received by the board;
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;
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.
5    (c) Any person electing to be a participating employee,
6pursuant to paragraph (b) of this Section may not change such
7election, except as provided in Section 7-137.1.
8    (d) Any employee who occupied the position of school nurse
9in any participating municipality on August 8, 1961 and
10continuously thereafter until the effective date of the
11exercise of the option authorized by this subparagraph, who on
12August 7, 1961 was a member of the Teachers' Retirement System
13of Illinois, by virtue of certification by the Department of
14Registration and Education as a public health nurse, may elect
15to terminate participation in this Fund in order to
16re-establish membership in such System. The election may be
17exercised by filing written notice thereof with the Board or
18with the Board of Trustees of said Teachers' Retirement System,
19not later than September 30, 1963, and shall be effective on
20the first day of the calendar month next following the month in
21which the notice was filed. If the written notice is filed with
22such Teachers' Retirement System, that System shall
23immediately notify this Fund, but neither failure nor delay in
24notification shall affect the validity of the employee's
25election. If the option is exercised, the Fund shall notify
26such Teachers' Retirement System of such fact and transfer to



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1that system the amounts contributed by the employee to this
2Fund, including interest at 3% per annum, but excluding
3contributions applicable to social security coverage during
4the period beginning August 8, 1961 to the effective date of
5the employee's election. Participation in this Fund as to any
6credits on or after August 8, 1961 and up to the effective date
7of the employee's election shall terminate on such effective
9    (e) Any participating municipality or participating
10instrumentality, other than a school district or special
11education joint agreement created under Section 10-22.31 of the
12School Code, may, by a resolution or ordinance duly adopted by
13its governing body, elect to exclude from participation and
14eligibility for benefits all persons who are employed after the
15effective date of such resolution or ordinance and who occupy
16an office or are employed in a position normally requiring
17performance of duty for less than 1000 hours per year for the
18participating municipality (including all instrumentalities
19thereof) or participating instrumentality except for persons
20employed in a position normally requiring performance of duty
21for 600 hours or more per year (i) by such participating
22municipality or participating instrumentality prior to the
23effective date of the resolution or ordinance and (ii) by a
24participating municipality or participating instrumentality,
25which had not adopted such a resolution when the person was
26employed, and the function served by the employee's position is



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1assumed by another participating municipality or participating
2instrumentality. Notwithstanding the foregoing, a
3participating municipality or participating instrumentality
4which is formed solely to succeed to the functions of a
5participating municipality or participating instrumentality
6shall be considered to have adopted any such resolution or
7ordinance which may have been applicable to the employees
8performing such functions. The election made by the resolution
9or ordinance shall take effect at the time specified in the
10resolution or ordinance, and once effective shall be
12(Source: P.A. 99-900, eff. 8-26-16.)
13    Section 99. Effective date. This Act takes effect upon
14becoming law.".