100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3122

 

Introduced , by Rep. Anna Moeller

 

SYNOPSIS AS INTRODUCED:
 
40 ILCS 5/7-137  from Ch. 108 1/2, par. 7-137
40 ILCS 5/7-137.3 new

    Amends the Illinois Municipal Retirement Fund (IMRF) Article of the Illinois Pension Code. Provides that a person who holds elected office, except for a member of the governing body of a city, village, incorporated town, or township, shall not be considered a participating employee, unless (1) the person has elected to become a participating employee; (2) the governing body has filed a resolution certifying that a person in that position is expected to work more than 600 hours (or 1,000 hours in a participating municipality that has adopted a specified resolution); and (3) the person has submitted logs evidencing that he or she has met the hourly standard. Requires the resolution to be adopted and filed with the Fund no more than 90 days after each general election. Contains provisions specifying the manner of documenting and submitting the time spent on official government business. Provides that an affected official who fails to submit time sheets or fails to conduct official government business to fulfill the hourly requirement with respect to that position shall not be permitted to continue participation in the Fund as an affected official. Effective immediately.


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FISCAL NOTE ACT MAY APPLY
PENSION IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3122LRB100 10261 RPS 20447 b

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
5Section 7-137 and by adding Section 7-137.3 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
17    instrumentality beginning upon such effective date.
18        2. Except as to the employees specifically excluded
19    under the provisions of this Article, all persons, who
20    became employees of any participating municipality (or
21    instrumentality thereof) or participating instrumentality
22    after the effective date of participation of such
23    municipality or participating instrumentality, beginning

 

 

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1    upon the date such person becomes an employee.
2        3. All persons who file notice with the board as
3    provided in paragraph (b) 2 and 3 of this Section,
4    beginning upon the date of filing such notice.
5    (b) The following described persons shall not be considered
6participating employees eligible for benefits from this fund,
7but shall be included within and be subject to this Article
8(each of the descriptions is not exclusive but is cumulative):
9        1. Any person who occupies an office or is employed in
10    a position normally requiring performance of duty during
11    less than 600 hours a year for a municipality (including
12    all instrumentalities thereof) or a participating
13    instrumentality. If a school treasurer performs services
14    for more than one school district, the total number of
15    hours of service normally required for the several school
16    districts shall be considered to determine whether he
17    qualifies under this paragraph;
18        2. Except as provided in items 2.5, and 2.6, 2.7, and
19    2.8, any person who holds elective office unless he has
20    elected while in that office in a written notice on file
21    with the board to become a participating employee;
22        2.5. Except as provided in item 2.6, any person who
23    holds elective office as a member of a county board,
24    unless:
25            (i) the person was first elected as a member of a
26        county board before the effective date of this

 

 

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1        amendatory Act of the 99th General Assembly;
2            (ii) the person has elected while in that office,
3        in a written notice on file with the board, to become a
4        participating employee;
5            (iii) the county board has filed the resolution
6        required by subsection (a) of Section 7-137.2 of this
7        Article; and
8            (iv) the person has submitted the required time
9        sheets evidencing that the person has met the hourly
10        standard as required by subsection (b) of Section
11        7-137.2 of this Article;
12        2.6. Any person who is an elected member of a county
13    board and is first so elected on or after the effective
14    date of this amendatory Act of the 99th General Assembly;
15        2.7. Any person who holds elected office, except for a
16    member of the governing body of a city, village,
17    incorporated town, or township, unless:
18            (i) the person was first elected or appointed to
19        that office before the effective date of this
20        amendatory Act of the 100th General Assembly;
21            (ii) the person has elected while in that office,
22        in a written notice on file with the board, to become a
23        participating employee;
24            (iii) the governing body has filed the resolution
25        required by subsection (b) of Section 7-137.3; and
26            (iv) the person has submitted the required time

 

 

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1        sheets evidencing that the person has met the hourly
2        standard as required by subsection (c) of Section
3        7-137.3;
4        2.8. Any person who (i) holds elected office, except
5    for a member of the governing body of a city, village,
6    incorporated town, or township, and (ii) is first so
7    elected or appointed on or after the effective date of this
8    amendatory Act of the 100th General Assembly;
9        3. Any person working for a city hospital unless any
10    such person, while in active employment, has elected in a
11    written notice on file with the board to become a
12    participating employee and notification thereof is
13    received by the board;
14        4. Any person who becomes an employee after June 30,
15    1979 as a public service employment program participant
16    under the federal Comprehensive Employment and Training
17    Act and whose wages or fringe benefits are paid in whole or
18    in part by funds provided under such Act;
19        5. Any person who is actively employed by a
20    municipality on its effective date of participation in the
21    Fund if that municipality (i) has at least 35 employees on
22    its effective date of participation; (ii) is located in a
23    county with at least 2,000,000 inhabitants; and (iii)
24    maintains an independent defined benefit pension plan for
25    the benefit of its eligible employees, unless the person
26    files with the board within 90 days after the

 

 

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

 

 

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

 

 

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1participating municipality or participating instrumentality
2which is formed solely to succeed to the functions of a
3participating municipality or participating instrumentality
4shall be considered to have adopted any such resolution or
5ordinance which may have been applicable to the employees
6performing such functions. The election made by the resolution
7or ordinance shall take effect at the time specified in the
8resolution or ordinance, and once effective shall be
9irrevocable.
10(Source: P.A. 99-900, eff. 8-26-16.)
 
11    (40 ILCS 5/7-137.3 new)
12    Sec. 7-137.3. Participation by certain elected officials.
13    (a) As used in this Section, "affected official" means a
14person who (i) holds elected office, except for a member of the
15governing body of a city, village, incorporated town, or
16township, and (ii) is first so elected or appointed before the
17effective date of this amendatory Act of the 100th General
18Assembly.
19    (b) An affected official is not eligible to participate in
20the Fund with respect to that position unless the governing
21body has adopted a resolution, after public debate and in a
22form acceptable to the Fund, certifying that persons in that
23position are expected to work at least 600 hours annually (or
241000 hours annually in a participating municipality that has
25adopted a resolution pursuant to subsection (e) of Section

 

 

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17-137 of this Code). The resolution must be adopted and filed
2with the Fund no more than 90 days after each general election.
3    (c) An affected official who participates in the Fund with
4respect to that position shall monthly submit, to the
5authorized agent or his or her designee, time sheets
6documenting the time spent on official government business as
7an affected official. The time sheets shall be (1) submitted on
8paper or electronically, or both, and (2) maintained by the
9participating municipality for 5 years. An affected official
10who fails to submit time sheets or fails to conduct official
11government business with respect to that position for either
12600 hours or 1000 hours (whichever is applicable) annually
13shall not be permitted to continue participation in the Fund as
14an affected official. The Fund may request that the
15participating municipality certify that an affected official
16is permitted to continue participation with respect to that
17position.
18    This subsection (c) does not affect participation by an
19affected official who holds office on the effective date of
20this Section with respect to that term of office until 90 days
21after the effective date of this Section.
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.