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| Public Act 098-0712
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| HB3902 Enrolled | LRB098 15461 RPS 50491 b |
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AN ACT concerning public employee benefits.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Illinois Pension Code is amended by changing |
Section 7-109 as follows:
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(40 ILCS 5/7-109) (from Ch. 108 1/2, par. 7-109)
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(Text of Section before amendment by P.A. 98-599)
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Sec. 7-109. Employee.
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(1) "Employee" means any person who:
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(a) 1. Receives earnings as payment for the performance |
of personal
services or official duties out of the |
general fund of a municipality,
or out of any special |
fund or funds controlled by a municipality, or by
an |
instrumentality thereof, or a participating |
instrumentality, including,
in counties, the fees or |
earnings of any county fee office; and
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2. Under the usual common law rules applicable in |
determining the
employer-employee relationship, has |
the status of an employee with a
municipality, or any |
instrumentality thereof, or a participating
|
instrumentality, including aldermen, county |
supervisors and other
persons (excepting those |
employed as independent contractors) who are
paid |
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compensation, fees, allowances or other emolument for |
official
duties, and, in counties, the several county |
fee offices.
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(b) Serves as a township treasurer appointed under the |
School
Code, as heretofore or hereafter amended, and
who |
receives for such services regular compensation as |
distinguished
from per diem compensation, and any regular |
employee in the office of
any township treasurer whether or |
not his earnings are paid from the
income of the permanent |
township fund or from funds subject to
distribution to the |
several school districts and parts of school
districts as |
provided in the School Code, or from both such sources; or |
is the chief executive officer, chief educational officer, |
chief fiscal officer, or other employee of a Financial |
Oversight Panel established pursuant to Article 1H of the |
School Code, other than a superintendent or certified |
school business official, except that such person shall not |
be treated as an employee under this Section if that person |
has negotiated with the Financial Oversight Panel, in |
conjunction with the school district, a contractual |
agreement for exclusion from this Section.
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(c) Holds an elective office in a municipality, |
instrumentality
thereof or participating instrumentality.
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(2) "Employee" does not include persons who:
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(a) Are eligible for inclusion under any of the |
following laws:
|
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1. "An Act in relation to an Illinois State |
Teachers' Pension and
Retirement Fund", approved May |
27, 1915, as amended;
|
2. Articles 15 and 16 of this Code.
|
However, such persons shall be included as employees to |
the extent of
earnings that are not eligible for inclusion |
under the foregoing laws
for services not of an |
instructional nature of any kind.
|
However, any member of the armed forces who is employed |
as a teacher
of subjects in the Reserve Officers Training |
Corps of any school and who
is not certified under the law |
governing the certification of teachers
shall be included |
as an employee.
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(b) Are designated by the governing body of a |
municipality in which a
pension fund is required by law to |
be established for policemen or
firemen, respectively, as |
performing police or fire protection duties,
except that |
when such persons are the heads of the police or fire
|
department and are not eligible to be included within any |
such pension
fund, they shall be included within this |
Article; provided, that such
persons shall not be excluded |
to the extent of concurrent service and
earnings not |
designated as being for police or fire protection duties.
|
However, (i) any head of a police department who was a |
participant under this
Article immediately before October |
1, 1977 and did not elect, under Section
3-109 of this Act, |
|
to participate in a police pension fund shall be an
|
"employee", and (ii) any chief of police who elects to |
participate in this
Fund under Section 3-109.1 of this |
Code, regardless of whether such person
continues to be |
employed as chief of police or is employed in some other
|
rank or capacity within the police department, shall be an |
employee under
this Article for so long as such person is |
employed to perform police
duties by a participating |
municipality and has not lawfully rescinded that
election. |
(c) Are After August 26, 2011 (the effective date of |
Public Act 97-609), are contributors to or eligible to |
contribute to a Taft-Hartley pension plan established on or |
before June 1, 2011 and are employees of a theatre, arena, |
or convention center that is located in a municipality |
located in a county with a population greater than |
5,000,000, and to which the participating municipality is |
required to contribute as the person's employer based on |
earnings from the municipality. Nothing in this paragraph |
shall affect service credit or creditable service for any |
period of service prior to the effective date of this |
amendatory Act of the 98th General Assembly August 26, |
2011, and this paragraph shall not apply to individuals who |
are participating in the Fund prior to the effective date |
of this amendatory Act of the 98th General Assembly August |
26, 2011.
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(3) All persons, including, without limitation, public |
|
defenders and
probation officers, who receive earnings from |
general or special funds
of a county for performance of |
personal services or official duties
within the territorial |
limits of the county, are employees of the county
(unless |
excluded by subsection (2) of this Section) notwithstanding |
that
they may be appointed by and are subject to the direction |
of a person or
persons other than a county board or a county |
officer. It is hereby
established that an employer-employee |
relationship under the usual
common law rules exists between |
such employees and the county paying
their salaries by reason |
of the fact that the county boards fix their
rates of |
compensation, appropriate funds for payment of their earnings
|
and otherwise exercise control over them. This finding and this
|
amendatory Act shall apply to all such employees from the date |
of
appointment whether such date is prior to or after the |
effective date of
this amendatory Act and is intended to |
clarify existing law pertaining
to their status as |
participating employees in the Fund.
|
(Source: P.A. 97-429, eff. 8-16-11; 97-609, eff. 8-26-11; |
97-813, eff. 7-13-12.)
|
(Text of Section after amendment by P.A. 98-599)
|
Sec. 7-109. Employee.
|
(1) "Employee" means any person who:
|
(a) 1. Receives earnings as payment for the performance |
of personal
services or official duties out of the |
|
general fund of a municipality,
or out of any special |
fund or funds controlled by a municipality, or by
an |
instrumentality thereof, or a participating |
instrumentality, including,
in counties, the fees or |
earnings of any county fee office; and
|
2. Under the usual common law rules applicable in |
determining the
employer-employee relationship, has |
the status of an employee with a
municipality, or any |
instrumentality thereof, or a participating
|
instrumentality, including aldermen, county |
supervisors and other
persons (excepting those |
employed as independent contractors) who are
paid |
compensation, fees, allowances or other emolument for |
official
duties, and, in counties, the several county |
fee offices.
|
(b) Serves as a township treasurer appointed under the |
School
Code, as heretofore or hereafter amended, and
who |
receives for such services regular compensation as |
distinguished
from per diem compensation, and any regular |
employee in the office of
any township treasurer whether or |
not his earnings are paid from the
income of the permanent |
township fund or from funds subject to
distribution to the |
several school districts and parts of school
districts as |
provided in the School Code, or from both such sources; or |
is the chief executive officer, chief educational officer, |
chief fiscal officer, or other employee of a Financial |
|
Oversight Panel established pursuant to Article 1H of the |
School Code, other than a superintendent or certified |
school business official, except that such person shall not |
be treated as an employee under this Section if that person |
has negotiated with the Financial Oversight Panel, in |
conjunction with the school district, a contractual |
agreement for exclusion from this Section.
|
(c) Holds an elective office in a municipality, |
instrumentality
thereof or participating instrumentality.
|
(2) "Employee" does not include persons who:
|
(a) Are eligible for inclusion under any of the |
following laws:
|
1. "An Act in relation to an Illinois State |
Teachers' Pension and
Retirement Fund", approved May |
27, 1915, as amended;
|
2. Articles 15 and 16 of this Code.
|
However, such persons shall be included as employees to |
the extent of
earnings that are not eligible for inclusion |
under the foregoing laws
for services not of an |
instructional nature of any kind.
|
However, any member of the armed forces who is employed |
as a teacher
of subjects in the Reserve Officers Training |
Corps of any school and who
is not certified under the law |
governing the certification of teachers
shall be included |
as an employee.
|
(b) Are designated by the governing body of a |
|
municipality in which a
pension fund is required by law to |
be established for policemen or
firemen, respectively, as |
performing police or fire protection duties,
except that |
when such persons are the heads of the police or fire
|
department and are not eligible to be included within any |
such pension
fund, they shall be included within this |
Article; provided, that such
persons shall not be excluded |
to the extent of concurrent service and
earnings not |
designated as being for police or fire protection duties.
|
However, (i) any head of a police department who was a |
participant under this
Article immediately before October |
1, 1977 and did not elect, under Section
3-109 of this Act, |
to participate in a police pension fund shall be an
|
"employee", and (ii) any chief of police who elects to |
participate in this
Fund under Section 3-109.1 of this |
Code, regardless of whether such person
continues to be |
employed as chief of police or is employed in some other
|
rank or capacity within the police department, shall be an |
employee under
this Article for so long as such person is |
employed to perform police
duties by a participating |
municipality and has not lawfully rescinded that
election. |
(c) Are After August 26, 2011 (the effective date of |
Public Act 97-609), are contributors to or eligible to |
contribute to a Taft-Hartley pension plan established on or |
before June 1, 2011 and are employees of a theatre, arena, |
or convention center that is located in a municipality |
|
located in a county with a population greater than |
5,000,000, and to which the participating municipality is |
required to contribute as the person's employer based on |
earnings from the municipality. Nothing in this paragraph |
shall affect service credit or creditable service for any |
period of service prior to the effective date of this |
amendatory Act of the 98th General Assembly August 26, |
2011, and this paragraph shall not apply to individuals who |
are participating in the Fund prior to the effective date |
of this amendatory Act of the 98th General Assembly August |
26, 2011.
|
(d) Become an employee of any of the following |
participating instrumentalities on or after the effective |
date of this amendatory Act of the 98th General Assembly: |
the Illinois Municipal League; the Illinois Association of |
Park Districts; the Illinois Supervisors, County |
Commissioners and Superintendents of Highways Association; |
an association, or not-for-profit corporation, membership |
in which is authorized under Section 85-15 of the Township |
Code; the United Counties Council; or the Will County |
Governmental League. |
(3) All persons, including, without limitation, public |
defenders and
probation officers, who receive earnings from |
general or special funds
of a county for performance of |
personal services or official duties
within the territorial |
limits of the county, are employees of the county
(unless |
|
excluded by subsection (2) of this Section) notwithstanding |
that
they may be appointed by and are subject to the direction |
of a person or
persons other than a county board or a county |
officer. It is hereby
established that an employer-employee |
relationship under the usual
common law rules exists between |
such employees and the county paying
their salaries by reason |
of the fact that the county boards fix their
rates of |
compensation, appropriate funds for payment of their earnings
|
and otherwise exercise control over them. This finding and this
|
amendatory Act shall apply to all such employees from the date |
of
appointment whether such date is prior to or after the |
effective date of
this amendatory Act and is intended to |
clarify existing law pertaining
to their status as |
participating employees in the Fund.
|
(Source: P.A. 97-429, eff. 8-16-11; 97-609, eff. 8-26-11; |
97-813, eff. 7-13-12; 98-599, eff. 6-1-14.)
|
Section 95. No acceleration or delay. Where this Act makes |
changes in a statute that is represented in this Act by text |
that is not yet or no longer in effect (for example, a Section |
represented by multiple versions), the use of that text does |
not accelerate or delay the taking effect of (i) the changes |
made by this Act or (ii) provisions derived from any other |
Public Act.
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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