Full Text of HB3865 97th General Assembly
HB3865sam004 97TH GENERAL ASSEMBLY | Sen. John J. Cullerton Filed: 5/30/2012
| | 09700HB3865sam004 | | LRB097 14296 JDS 70397 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 3865
| 2 | | AMENDMENT NO. ______. Amend House Bill 3865, AS AMENDED, | 3 | | with reference to page and line numbers of Senate Amendment No. | 4 | | 3, as follows: | 5 | | on page 13, in line 19, immediately after "14-135.08," by | 6 | | inserting "15-106"; and | 7 | | on page 50, in line 1, by replacing " Section Section " with | 8 | | " Section "; and | 9 | | by replacing line 1 on page 70 through line 20 on page 74 with | 10 | | the following:
| 11 | | "(40 ILCS 5/7-109) (from Ch. 108 1/2, par. 7-109)
| 12 | | Sec. 7-109. Employee.
| 13 | | (1) "Employee" means any person who:
| 14 | | (a) 1. Receives earnings as payment for the performance |
| | | 09700HB3865sam004 | - 2 - | LRB097 14296 JDS 70397 a |
|
| 1 | | of personal
services or official duties out of the | 2 | | general fund of a municipality,
or out of any special | 3 | | fund or funds controlled by a municipality, or by
an | 4 | | instrumentality thereof, or a participating | 5 | | instrumentality, including,
in counties, the fees or | 6 | | earnings of any county fee office; and
| 7 | | 2. Under the usual common law rules applicable in | 8 | | determining the
employer-employee relationship, has | 9 | | the status of an employee with a
municipality, or any | 10 | | instrumentality thereof, or a participating
| 11 | | instrumentality, including aldermen, county | 12 | | supervisors and other
persons (excepting those | 13 | | employed as independent contractors) who are
paid | 14 | | compensation, fees, allowances or other emolument for | 15 | | official
duties, and, in counties, the several county | 16 | | fee offices.
| 17 | | (b) Serves as a township treasurer appointed under the | 18 | | School
Code, as heretofore or hereafter amended, and
who | 19 | | receives for such services regular compensation as | 20 | | distinguished
from per diem compensation, and any regular | 21 | | employee in the office of
any township treasurer whether or | 22 | | not his earnings are paid from the
income of the permanent | 23 | | township fund or from funds subject to
distribution to the | 24 | | several school districts and parts of school
districts as | 25 | | provided in the School Code, or from both such sources; or | 26 | | is the chief executive officer, chief educational officer, |
| | | 09700HB3865sam004 | - 3 - | LRB097 14296 JDS 70397 a |
|
| 1 | | chief fiscal officer, or other employee of a Financial | 2 | | Oversight Panel established pursuant to Article 1H of the | 3 | | School Code, other than a superintendent or certified | 4 | | school business official, except that such person shall not | 5 | | be treated as an employee under this Section if that person | 6 | | has negotiated with the Financial Oversight Panel, in | 7 | | conjunction with the school district, a contractual | 8 | | agreement for exclusion from this Section.
| 9 | | (c) Holds an elective office in a municipality, | 10 | | instrumentality
thereof or participating instrumentality.
| 11 | | (2) "Employee" does not include persons who:
| 12 | | (a) Are eligible for inclusion under any of the | 13 | | following laws:
| 14 | | 1. "An Act in relation to an Illinois State | 15 | | Teachers' Pension and
Retirement Fund", approved May | 16 | | 27, 1915, as amended;
| 17 | | 2. Articles 15 and 16 of this Code.
| 18 | | However, such persons shall be included as employees to | 19 | | the extent of
earnings that are not eligible for inclusion | 20 | | under the foregoing laws
for services not of an | 21 | | instructional nature of any kind.
| 22 | | However, any member of the armed forces who is employed | 23 | | as a teacher
of subjects in the Reserve Officers Training | 24 | | Corps of any school and who
is not certified under the law | 25 | | governing the certification of teachers
shall be included | 26 | | as an employee.
|
| | | 09700HB3865sam004 | - 4 - | LRB097 14296 JDS 70397 a |
|
| 1 | | (b) Are designated by the governing body of a | 2 | | municipality in which a
pension fund is required by law to | 3 | | be established for policemen or
firemen, respectively, as | 4 | | performing police or fire protection duties,
except that | 5 | | when such persons are the heads of the police or fire
| 6 | | department and are not eligible to be included within any | 7 | | such pension
fund, they shall be included within this | 8 | | Article; provided, that such
persons shall not be excluded | 9 | | to the extent of concurrent service and
earnings not | 10 | | designated as being for police or fire protection duties.
| 11 | | However, (i) any head of a police department who was a | 12 | | participant under this
Article immediately before October | 13 | | 1, 1977 and did not elect, under Section
3-109 of this Act, | 14 | | to participate in a police pension fund shall be an
| 15 | | "employee", and (ii) any chief of police who elects to | 16 | | participate in this
Fund under Section 3-109.1 of this | 17 | | Code, regardless of whether such person
continues to be | 18 | | employed as chief of police or is employed in some other
| 19 | | rank or capacity within the police department, shall be an | 20 | | employee under
this Article for so long as such person is | 21 | | employed to perform police
duties by a participating | 22 | | municipality and has not lawfully rescinded that
election. | 23 | | (c) After August 26, 2011 ( the effective date of Public | 24 | | Act 97-609) this amendatory Act of the 97th General | 25 | | Assembly , are contributors to or eligible to contribute to | 26 | | a Taft-Hartley pension plan established on or before June |
| | | 09700HB3865sam004 | - 5 - | LRB097 14296 JDS 70397 a |
|
| 1 | | 1, 2011 and are employees of a theatre, arena, or | 2 | | convention center that is located in a municipality located | 3 | | in a county with a population greater than 5,000,000, and | 4 | | to which the participating municipality is required to | 5 | | contribute as the person's employer based on earnings from | 6 | | the municipality. Nothing in this paragraph shall affect | 7 | | service credit or creditable service for any period of | 8 | | service prior to August 26, 2011 the effective date of this | 9 | | amendatory Act of the 97th General Assembly , and this | 10 | | paragraph shall not apply to individuals who are | 11 | | participating in the Fund prior to August 26, 2011 the | 12 | | effective date of this amendatory Act of the 97th General | 13 | | Assembly .
| 14 | | (d) Become an employee of any of the following | 15 | | participating instrumentalities on or after the effective | 16 | | date of this amendatory Act of the 97th General Assembly: | 17 | | the Illinois Municipal League; the Illinois Association of | 18 | | Park Districts; the Illinois Supervisors, County | 19 | | Commissioners and Superintendents of Highways Association; | 20 | | an association, or not-for-profit corporation, membership | 21 | | in which is authorized under Section 85-15 of the Township | 22 | | Code; the United Counties Council; or the Will County | 23 | | Governmental League. | 24 | | (3) All persons, including, without limitation, public | 25 | | defenders and
probation officers, who receive earnings from | 26 | | general or special funds
of a county for performance of |
| | | 09700HB3865sam004 | - 6 - | LRB097 14296 JDS 70397 a |
|
| 1 | | personal services or official duties
within the territorial | 2 | | limits of the county, are employees of the county
(unless | 3 | | excluded by subsection (2) of this Section) notwithstanding | 4 | | that
they may be appointed by and are subject to the direction | 5 | | of a person or
persons other than a county board or a county | 6 | | officer. It is hereby
established that an employer-employee | 7 | | relationship under the usual
common law rules exists between | 8 | | such employees and the county paying
their salaries by reason | 9 | | of the fact that the county boards fix their
rates of | 10 | | compensation, appropriate funds for payment of their earnings
| 11 | | and otherwise exercise control over them. This finding and this
| 12 | | amendatory Act shall apply to all such employees from the date | 13 | | of
appointment whether such date is prior to or after the | 14 | | effective date of
this amendatory Act and is intended to | 15 | | clarify existing law pertaining
to their status as | 16 | | participating employees in the Fund.
| 17 | | (Source: P.A. 97-429, eff. 8-16-11; 97-609, eff. 8-26-11; | 18 | | revised 9-28-11.)"; and
| 19 | | on page 79, immediately below line 7, by inserting the | 20 | | following:
| 21 | | "(40 ILCS 5/15-106) (from Ch. 108 1/2, par. 15-106)
| 22 | | Sec. 15-106. Employer. "Employer": The University of | 23 | | Illinois, Southern
Illinois University, Chicago State | 24 | | University, Eastern Illinois University,
Governors State |
| | | 09700HB3865sam004 | - 7 - | LRB097 14296 JDS 70397 a |
|
| 1 | | University, Illinois State University, Northeastern Illinois
| 2 | | University, Northern Illinois University, Western Illinois | 3 | | University, the
State Board of Higher Education, the Illinois | 4 | | Mathematics and Science Academy,
the University Civil Service | 5 | | Merit Board, the Board of
Trustees of the State Universities | 6 | | Retirement System, the Illinois Community
College Board, | 7 | | community college
boards, any association of community college | 8 | | boards organized under Section
3-55 of the Public Community | 9 | | College Act, the Board of Examiners established
under the | 10 | | Illinois Public Accounting Act, and, only during the period for | 11 | | which
employer contributions required under Section 15-155 are | 12 | | paid, the following
organizations: the alumni associations, | 13 | | the foundations and the athletic
associations which are | 14 | | affiliated with the universities and colleges included
in this | 15 | | Section as employers. An individual that begins employment | 16 | | after the effective date of this amendatory Act of the 97th | 17 | | General Assembly with an entity not defined as an employer in | 18 | | this Section shall not be deemed an employee for the purposes | 19 | | of this Article with respect to that employment and shall not | 20 | | be eligible to participate in the System with respect to that | 21 | | employment; provided, however, that those individuals who are | 22 | | both employed and already participants in the System on the | 23 | | effective date of this amendatory Act of the 97th General | 24 | | Assembly shall be allowed to continue as participants in the | 25 | | System for the duration of that employment. | 26 | | Notwithstanding any provision of law to the contrary, an |
| | | 09700HB3865sam004 | - 8 - | LRB097 14296 JDS 70397 a |
|
| 1 | | individual who begins employment with any of the following | 2 | | employers on or after the effective date of this amendatory Act | 3 | | of the 97th General Assembly shall not be deemed an employee | 4 | | and shall not be eligible to participate in the System with | 5 | | respect to that employment: any association of community | 6 | | college boards organized under Section
3-55 of the Public | 7 | | Community College Act, the Association of Illinois | 8 | | Middle-Grade Schools, the Illinois Association of School | 9 | | Administrators, the Illinois Association for Supervision and | 10 | | Curriculum Development, the Illinois Principals Association, | 11 | | the Illinois Association of School Business Officials, or the | 12 | | Illinois Special Olympics; provided, however, that those | 13 | | individuals who are both employed and already participants in | 14 | | the System on the effective date of this amendatory Act of the | 15 | | 97th General Assembly shall be allowed to continue as | 16 | | participants in the System for the duration of that employment. | 17 | | A department as defined in Section 14-103.04 is
an employer | 18 | | for any person appointed by the Governor under the Civil
| 19 | | Administrative Code of Illinois who is a participating employee | 20 | | as defined in
Section 15-109. The Department of Central | 21 | | Management Services is an employer with respect to persons | 22 | | employed by the State Board of Higher Education in positions | 23 | | with the Illinois Century Network as of June 30, 2004 who | 24 | | remain continuously employed after that date by the Department | 25 | | of Central Management Services in positions with the Illinois | 26 | | Century Network, the Bureau of Communication and Computer |
| | | 09700HB3865sam004 | - 9 - | LRB097 14296 JDS 70397 a |
|
| 1 | | Services, or, if applicable, any successor bureau.
| 2 | | The cities of Champaign and Urbana shall be considered
| 3 | | employers, but only during the period for which contributions | 4 | | are required to
be made under subsection (b-1) of Section | 5 | | 15-155 and only with respect to
individuals described in | 6 | | subsection (h) of Section 15-107.
| 7 | | (Source: P.A. 95-369, eff. 8-23-07; 95-728, eff. 7-1-08 - See | 8 | | Sec. 999 .)"; and
| 9 | | on page 138, in line 13, by replacing " arising " with | 10 | | " associated with the total cost of benefits accrued "; and | 11 | | on page 167, in line 21, by changing "equitable" to "equitable , | 12 | | but excluding the changes, the impact of changes, and the | 13 | | implementation of the changes set forth in this amendatory Act | 14 | | of the 97th General Assembly ; and | 15 | | on page 178, in line 2, by replacing " 35 through 100, " with | 16 | | " 40, 95, 100, "; and
| 17 | | on page 178, by replacing lines 10 and 11, with the following: | 18 | | "Sections 10, 35, and 45 through 90 of this Act, as well as | 19 | | the other provisions of Section 30 of this Act, are mutually | 20 | | dependent and inseverable. If any".
|
|