Sen. Pamela J. Althoff

Filed: 4/15/2016

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2701

2    AMENDMENT NO. ______. Amend Senate Bill 2701 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Pension Code is amended by
5changing Section 7-137 and by adding Section 7-137.2 as
6follows:
 
7    (40 ILCS 5/7-137)  (from Ch. 108 1/2, par. 7-137)
8    Sec. 7-137. Participating and covered employees.
9    (a) The persons described in this paragraph (a) shall be
10included within and be subject to this Article and eligible to
11benefits from this fund, beginning upon the dates hereinafter
12specified:
13        1. Except as to the employees specifically excluded
14    under the provisions of this Article, all persons who are
15    employees of any municipality (or instrumentality thereof)
16    or participating instrumentality on the effective date of

 

 

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

 

 

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1    holds elective office unless he has elected while in that
2    office in a written notice on file with the board to become
3    a participating employee;
4        2.5. Any person who holds elective office as a member
5    of the governing body of a participating municipality,
6    unless:
7            (i) the person has elected while in that office, in
8        a written notice on file with the board, to become a
9        participating employee;
10            (ii) the governing body has filed the resolution
11        required by subsection (a) of Section 7-137.2 of this
12        Article; and
13            (iii) the person has submitted to the authorized
14        agent the required logs evidencing that the person has
15        met the hourly standard as required by subsection (b)
16        of Section 7-137.2 of this Article;
17        3. Any person working for a city hospital unless any
18    such person, while in active employment, has elected in a
19    written notice on file with the board to become a
20    participating employee and notification thereof is
21    received by the board;
22        4. Any person who becomes an employee after June 30,
23    1979 as a public service employment program participant
24    under the federal Comprehensive Employment and Training
25    Act and whose wages or fringe benefits are paid in whole or
26    in part by funds provided under such Act;

 

 

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1        5. Any person who is actively employed by a
2    municipality on its effective date of participation in the
3    Fund if that municipality (i) has at least 35 employees on
4    its effective date of participation; (ii) is located in a
5    county with at least 2,000,000 inhabitants; and (iii)
6    maintains an independent defined benefit pension plan for
7    the benefit of its eligible employees, unless the person
8    files with the board within 90 days after the
9    municipality's effective date of participation an
10    irrevocable election to participate.
11    (c) Any person electing to be a participating employee,
12pursuant to paragraph (b) of this Section may not change such
13election, except as provided in Section 7-137.1.
14    (d) Any employee who occupied the position of school nurse
15in any participating municipality on August 8, 1961 and
16continuously thereafter until the effective date of the
17exercise of the option authorized by this subparagraph, who on
18August 7, 1961 was a member of the Teachers' Retirement System
19of Illinois, by virtue of certification by the Department of
20Registration and Education as a public health nurse, may elect
21to terminate participation in this Fund in order to
22re-establish membership in such System. The election may be
23exercised by filing written notice thereof with the Board or
24with the Board of Trustees of said Teachers' Retirement System,
25not later than September 30, 1963, and shall be effective on
26the first day of the calendar month next following the month in

 

 

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1which the notice was filed. If the written notice is filed with
2such Teachers' Retirement System, that System shall
3immediately notify this Fund, but neither failure nor delay in
4notification shall affect the validity of the employee's
5election. If the option is exercised, the Fund shall notify
6such Teachers' Retirement System of such fact and transfer to
7that system the amounts contributed by the employee to this
8Fund, including interest at 3% per annum, but excluding
9contributions applicable to social security coverage during
10the period beginning August 8, 1961 to the effective date of
11the employee's election. Participation in this Fund as to any
12credits on or after August 8, 1961 and up to the effective date
13of the employee's election shall terminate on such effective
14date.
15    (e) Any participating municipality or participating
16instrumentality, other than a school district or special
17education joint agreement created under Section 10-22.31 of the
18School Code, may, by a resolution or ordinance duly adopted by
19its governing body, elect to exclude from participation and
20eligibility for benefits all persons who are employed after the
21effective date of such resolution or ordinance and who occupy
22an office or are employed in a position normally requiring
23performance of duty for less than 1000 hours per year for the
24participating municipality (including all instrumentalities
25thereof) or participating instrumentality except for persons
26employed in a position normally requiring performance of duty

 

 

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1for 600 hours or more per year (i) by such participating
2municipality or participating instrumentality prior to the
3effective date of the resolution or ordinance and (ii) by a
4participating municipality or participating instrumentality,
5which had not adopted such a resolution when the person was
6employed, and the function served by the employee's position is
7assumed by another participating municipality or participating
8instrumentality. Notwithstanding the foregoing, a
9participating municipality or participating instrumentality
10which is formed solely to succeed to the functions of a
11participating municipality or participating instrumentality
12shall be considered to have adopted any such resolution or
13ordinance which may have been applicable to the employees
14performing such functions. The election made by the resolution
15or ordinance shall take effect at the time specified in the
16resolution or ordinance, and once effective shall be
17irrevocable.
18(Source: P.A. 96-1140, eff. 7-21-10; 97-328, eff. 8-12-11;
1997-609, eff. 1-1-12.)
 
20    (40 ILCS 5/7-137.2 new)
21    Sec. 7-137.2. Participation by elected members of
22municipal governing bodies.
23    (a) An elected member of the governing body of a
24participating municipality is not eligible to participate in
25the Fund with respect to that position unless the governing

 

 

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1body of the municipality has adopted a resolution, after public
2debate and in a form acceptable to the Fund, certifying that
3persons in the position of elected member of the governing body
4are expected to work at least 600 hours annually (or 1000 hours
5annually in a participating municipality that has adopted a
6resolution pursuant to subsection (e) of Section 7-137 of this
7Code). The resolution must be adopted and filed with the Fund
8no more than 90 days after each general election in which a
9member of the governing body is elected.
10    (b) An elected member of the governing body of a
11participating municipality who participates in the Fund with
12respect to that position must maintain a log of time worked in
13that position and file the log with the authorized agent
14semi-annually. To support participation in the Fund, the log
15must show that the member works in that position at least 600
16hours annually (or 1000 hours annually in a participating
17municipality that has adopted a resolution pursuant to
18subsection (e) of Section 7-137 of this Code). The log shall be
19made available to the Fund upon request and shall be maintained
20by the authorized agent for at least 5 years after the log is
21filed with the authorized agent.".