Rep. Daniel V. Beiser

Filed: 3/26/2014

 

 


 

 


 
09800HB3902ham001LRB098 15461 EFG 57478 a

1
AMENDMENT TO HOUSE BILL 3902

2    AMENDMENT NO. ______. Amend House Bill 3902 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Pension Code is amended by
5changing Section 7-109 as follows:
 
6    (40 ILCS 5/7-109)  (from Ch. 108 1/2, par. 7-109)
7    (Text of Section before amendment by P.A. 98-599)
8    Sec. 7-109. Employee.
9    (1) "Employee" means any person who:
10        (a) 1. Receives earnings as payment for the performance
11        of personal services or official duties out of the
12        general fund of a municipality, or out of any special
13        fund or funds controlled by a municipality, or by an
14        instrumentality thereof, or a participating
15        instrumentality, including, in counties, the fees or
16        earnings of any county fee office; and

 

 

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1            2. Under the usual common law rules applicable in
2        determining the employer-employee relationship, has
3        the status of an employee with a municipality, or any
4        instrumentality thereof, or a participating
5        instrumentality, including aldermen, county
6        supervisors and other persons (excepting those
7        employed as independent contractors) who are paid
8        compensation, fees, allowances or other emolument for
9        official duties, and, in counties, the several county
10        fee offices.
11        (b) Serves as a township treasurer appointed under the
12    School Code, as heretofore or hereafter amended, and who
13    receives for such services regular compensation as
14    distinguished from per diem compensation, and any regular
15    employee in the office of any township treasurer whether or
16    not his earnings are paid from the income of the permanent
17    township fund or from funds subject to distribution to the
18    several school districts and parts of school districts as
19    provided in the School Code, or from both such sources; or
20    is the chief executive officer, chief educational officer,
21    chief fiscal officer, or other employee of a Financial
22    Oversight Panel established pursuant to Article 1H of the
23    School Code, other than a superintendent or certified
24    school business official, except that such person shall not
25    be treated as an employee under this Section if that person
26    has negotiated with the Financial Oversight Panel, in

 

 

09800HB3902ham001- 3 -LRB098 15461 EFG 57478 a

1    conjunction with the school district, a contractual
2    agreement for exclusion from this Section.
3        (c) Holds an elective office in a municipality,
4    instrumentality thereof or participating instrumentality.
5    (2) "Employee" does not include persons who:
6        (a) Are eligible for inclusion under any of the
7    following laws:
8            1. "An Act in relation to an Illinois State
9        Teachers' Pension and Retirement Fund", approved May
10        27, 1915, as amended;
11            2. Articles 15 and 16 of this Code.
12        However, such persons shall be included as employees to
13    the extent of earnings that are not eligible for inclusion
14    under the foregoing laws for services not of an
15    instructional nature of any kind.
16        However, any member of the armed forces who is employed
17    as a teacher of subjects in the Reserve Officers Training
18    Corps of any school and who is not certified under the law
19    governing the certification of teachers shall be included
20    as an employee.
21        (b) Are designated by the governing body of a
22    municipality in which a pension fund is required by law to
23    be established for policemen or firemen, respectively, as
24    performing police or fire protection duties, except that
25    when such persons are the heads of the police or fire
26    department and are not eligible to be included within any

 

 

09800HB3902ham001- 4 -LRB098 15461 EFG 57478 a

1    such pension fund, they shall be included within this
2    Article; provided, that such persons shall not be excluded
3    to the extent of concurrent service and earnings not
4    designated as being for police or fire protection duties.
5    However, (i) any head of a police department who was a
6    participant under this Article immediately before October
7    1, 1977 and did not elect, under Section 3-109 of this Act,
8    to participate in a police pension fund shall be an
9    "employee", and (ii) any chief of police who elects to
10    participate in this Fund under Section 3-109.1 of this
11    Code, regardless of whether such person continues to be
12    employed as chief of police or is employed in some other
13    rank or capacity within the police department, shall be an
14    employee under this Article for so long as such person is
15    employed to perform police duties by a participating
16    municipality and has not lawfully rescinded that election.
17        (c) Are After August 26, 2011 (the effective date of
18    Public Act 97-609), are contributors to or eligible to
19    contribute to a Taft-Hartley pension plan established on or
20    before June 1, 2011 and are employees of a theatre, arena,
21    or convention center that is located in a municipality
22    located in a county with a population greater than
23    5,000,000, and to which the participating municipality is
24    required to contribute as the person's employer based on
25    earnings from the municipality. Nothing in this paragraph
26    shall affect service credit or creditable service for any

 

 

09800HB3902ham001- 5 -LRB098 15461 EFG 57478 a

1    period of service prior to the effective date of this
2    amendatory Act of the 98th General Assembly August 26,
3    2011, and this paragraph shall not apply to individuals who
4    are participating in the Fund prior to the effective date
5    of this amendatory Act of the 98th General Assembly August
6    26, 2011.
7    (3) All persons, including, without limitation, public
8defenders and probation officers, who receive earnings from
9general or special funds of a county for performance of
10personal services or official duties within the territorial
11limits of the county, are employees of the county (unless
12excluded by subsection (2) of this Section) notwithstanding
13that they may be appointed by and are subject to the direction
14of a person or persons other than a county board or a county
15officer. It is hereby established that an employer-employee
16relationship under the usual common law rules exists between
17such employees and the county paying their salaries by reason
18of the fact that the county boards fix their rates of
19compensation, appropriate funds for payment of their earnings
20and otherwise exercise control over them. This finding and this
21amendatory Act shall apply to all such employees from the date
22of appointment whether such date is prior to or after the
23effective date of this amendatory Act and is intended to
24clarify existing law pertaining to their status as
25participating employees in the Fund.
26(Source: P.A. 97-429, eff. 8-16-11; 97-609, eff. 8-26-11;

 

 

09800HB3902ham001- 6 -LRB098 15461 EFG 57478 a

197-813, eff. 7-13-12.)
 
2    (Text of Section after amendment by P.A. 98-599)
3    Sec. 7-109. Employee.
4    (1) "Employee" means any person who:
5        (a) 1. Receives earnings as payment for the performance
6        of personal services or official duties out of the
7        general fund of a municipality, or out of any special
8        fund or funds controlled by a municipality, or by an
9        instrumentality thereof, or a participating
10        instrumentality, including, in counties, the fees or
11        earnings of any county fee office; and
12            2. Under the usual common law rules applicable in
13        determining the employer-employee relationship, has
14        the status of an employee with a municipality, or any
15        instrumentality thereof, or a participating
16        instrumentality, including aldermen, county
17        supervisors and other persons (excepting those
18        employed as independent contractors) who are paid
19        compensation, fees, allowances or other emolument for
20        official duties, and, in counties, the several county
21        fee offices.
22        (b) Serves as a township treasurer appointed under the
23    School Code, as heretofore or hereafter amended, and who
24    receives for such services regular compensation as
25    distinguished from per diem compensation, and any regular

 

 

09800HB3902ham001- 7 -LRB098 15461 EFG 57478 a

1    employee in the office of any township treasurer whether or
2    not his earnings are paid from the income of the permanent
3    township fund or from funds subject to distribution to the
4    several school districts and parts of school districts as
5    provided in the School Code, or from both such sources; or
6    is the chief executive officer, chief educational officer,
7    chief fiscal officer, or other employee of a Financial
8    Oversight Panel established pursuant to Article 1H of the
9    School Code, other than a superintendent or certified
10    school business official, except that such person shall not
11    be treated as an employee under this Section if that person
12    has negotiated with the Financial Oversight Panel, in
13    conjunction with the school district, a contractual
14    agreement for exclusion from this Section.
15        (c) Holds an elective office in a municipality,
16    instrumentality thereof or participating instrumentality.
17    (2) "Employee" does not include persons who:
18        (a) Are eligible for inclusion under any of the
19    following laws:
20            1. "An Act in relation to an Illinois State
21        Teachers' Pension and Retirement Fund", approved May
22        27, 1915, as amended;
23            2. Articles 15 and 16 of this Code.
24        However, such persons shall be included as employees to
25    the extent of earnings that are not eligible for inclusion
26    under the foregoing laws for services not of an

 

 

09800HB3902ham001- 8 -LRB098 15461 EFG 57478 a

1    instructional nature of any kind.
2        However, any member of the armed forces who is employed
3    as a teacher of subjects in the Reserve Officers Training
4    Corps of any school and who is not certified under the law
5    governing the certification of teachers shall be included
6    as an employee.
7        (b) Are designated by the governing body of a
8    municipality in which a pension fund is required by law to
9    be established for policemen or firemen, respectively, as
10    performing police or fire protection duties, except that
11    when such persons are the heads of the police or fire
12    department and are not eligible to be included within any
13    such pension fund, they shall be included within this
14    Article; provided, that such persons shall not be excluded
15    to the extent of concurrent service and earnings not
16    designated as being for police or fire protection duties.
17    However, (i) any head of a police department who was a
18    participant under this Article immediately before October
19    1, 1977 and did not elect, under Section 3-109 of this Act,
20    to participate in a police pension fund shall be an
21    "employee", and (ii) any chief of police who elects to
22    participate in this Fund under Section 3-109.1 of this
23    Code, regardless of whether such person continues to be
24    employed as chief of police or is employed in some other
25    rank or capacity within the police department, shall be an
26    employee under this Article for so long as such person is

 

 

09800HB3902ham001- 9 -LRB098 15461 EFG 57478 a

1    employed to perform police duties by a participating
2    municipality and has not lawfully rescinded that election.
3        (c) Are After August 26, 2011 (the effective date of
4    Public Act 97-609), are contributors to or eligible to
5    contribute to a Taft-Hartley pension plan established on or
6    before June 1, 2011 and are employees of a theatre, arena,
7    or convention center that is located in a municipality
8    located in a county with a population greater than
9    5,000,000, and to which the participating municipality is
10    required to contribute as the person's employer based on
11    earnings from the municipality. Nothing in this paragraph
12    shall affect service credit or creditable service for any
13    period of service prior to the effective date of this
14    amendatory Act of the 98th General Assembly August 26,
15    2011, and this paragraph shall not apply to individuals who
16    are participating in the Fund prior to the effective date
17    of this amendatory Act of the 98th General Assembly August
18    26, 2011.
19        (d) Become an employee of any of the following
20    participating instrumentalities on or after the effective
21    date of this amendatory Act of the 98th General Assembly:
22    the Illinois Municipal League; the Illinois Association of
23    Park Districts; the Illinois Supervisors, County
24    Commissioners and Superintendents of Highways Association;
25    an association, or not-for-profit corporation, membership
26    in which is authorized under Section 85-15 of the Township

 

 

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1    Code; the United Counties Council; or the Will County
2    Governmental League.
3    (3) All persons, including, without limitation, public
4defenders and probation officers, who receive earnings from
5general or special funds of a county for performance of
6personal services or official duties within the territorial
7limits of the county, are employees of the county (unless
8excluded by subsection (2) of this Section) notwithstanding
9that they may be appointed by and are subject to the direction
10of a person or persons other than a county board or a county
11officer. It is hereby established that an employer-employee
12relationship under the usual common law rules exists between
13such employees and the county paying their salaries by reason
14of the fact that the county boards fix their rates of
15compensation, appropriate funds for payment of their earnings
16and otherwise exercise control over them. This finding and this
17amendatory Act shall apply to all such employees from the date
18of appointment whether such date is prior to or after the
19effective date of this amendatory Act and is intended to
20clarify existing law pertaining to their status as
21participating employees in the Fund.
22(Source: P.A. 97-429, eff. 8-16-11; 97-609, eff. 8-26-11;
2397-813, eff. 7-13-12; 98-599, eff. 6-1-14.)
 
24    Section 95. No acceleration or delay. Where this Act makes
25changes in a statute that is represented in this Act by text

 

 

09800HB3902ham001- 11 -LRB098 15461 EFG 57478 a

1that is not yet or no longer in effect (for example, a Section
2represented by multiple versions), the use of that text does
3not accelerate or delay the taking effect of (i) the changes
4made by this Act or (ii) provisions derived from any other
5Public Act.
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.".