Bill Text: IL HB3902 | 2013-2014 | 98th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Illinois Pension Code. Makes a technical change in a Section concerning definitions.
Spectrum: Partisan Bill (Democrat 10-0)
Status: (Passed) 2014-07-16 - Public Act . . . . . . . . . 98-0712 [HB3902 Detail]
Download: Illinois-2013-HB3902-Engrossed.html
Bill Title: Amends the Illinois Pension Code. Makes a technical change in a Section concerning definitions.
Spectrum: Partisan Bill (Democrat 10-0)
Status: (Passed) 2014-07-16 - Public Act . . . . . . . . . 98-0712 [HB3902 Detail]
Download: Illinois-2013-HB3902-Engrossed.html
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1 | AN ACT concerning public employee benefits.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Illinois Pension Code is amended by changing | ||||||
5 | Section 7-109 as follows:
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6 | (40 ILCS 5/7-109) (from Ch. 108 1/2, par. 7-109)
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7 | (Text of Section before amendment by P.A. 98-599 )
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8 | Sec. 7-109. Employee.
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9 | (1) "Employee" means any person who:
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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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17 | 2. Under the usual common law rules applicable in | ||||||
18 | determining the
employer-employee relationship, has | ||||||
19 | the status of an employee with a
municipality, or any | ||||||
20 | instrumentality thereof, or a participating
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21 | instrumentality, including aldermen, county | ||||||
22 | supervisors and other
persons (excepting those | ||||||
23 | employed as independent contractors) who are
paid |
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1 | compensation, fees, allowances or other emolument for | ||||||
2 | official
duties, and, in counties, the several county | ||||||
3 | fee offices.
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4 | (b) Serves as a township treasurer appointed under the | ||||||
5 | School
Code, as heretofore or hereafter amended, and
who | ||||||
6 | receives for such services regular compensation as | ||||||
7 | distinguished
from per diem compensation, and any regular | ||||||
8 | employee in the office of
any township treasurer whether or | ||||||
9 | not his earnings are paid from the
income of the permanent | ||||||
10 | township fund or from funds subject to
distribution to the | ||||||
11 | several school districts and parts of school
districts as | ||||||
12 | provided in the School Code, or from both such sources; or | ||||||
13 | is the chief executive officer, chief educational officer, | ||||||
14 | chief fiscal officer, or other employee of a Financial | ||||||
15 | Oversight Panel established pursuant to Article 1H of the | ||||||
16 | School Code, other than a superintendent or certified | ||||||
17 | school business official, except that such person shall not | ||||||
18 | be treated as an employee under this Section if that person | ||||||
19 | has negotiated with the Financial Oversight Panel, in | ||||||
20 | conjunction with the school district, a contractual | ||||||
21 | agreement for exclusion from this Section.
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22 | (c) Holds an elective office in a municipality, | ||||||
23 | instrumentality
thereof or participating instrumentality.
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24 | (2) "Employee" does not include persons who:
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25 | (a) Are eligible for inclusion under any of the | ||||||
26 | following laws:
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| |||||||
1 | 1. "An Act in relation to an Illinois State | ||||||
2 | Teachers' Pension and
Retirement Fund", approved May | ||||||
3 | 27, 1915, as amended;
| ||||||
4 | 2. Articles 15 and 16 of this Code.
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5 | However, such persons shall be included as employees to | ||||||
6 | the extent of
earnings that are not eligible for inclusion | ||||||
7 | under the foregoing laws
for services not of an | ||||||
8 | instructional nature of any kind.
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9 | However, any member of the armed forces who is employed | ||||||
10 | as a teacher
of subjects in the Reserve Officers Training | ||||||
11 | Corps of any school and who
is not certified under the law | ||||||
12 | governing the certification of teachers
shall be included | ||||||
13 | as an employee.
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14 | (b) Are designated by the governing body of a | ||||||
15 | municipality in which a
pension fund is required by law to | ||||||
16 | be established for policemen or
firemen, respectively, as | ||||||
17 | performing police or fire protection duties,
except that | ||||||
18 | when such persons are the heads of the police or fire
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19 | department and are not eligible to be included within any | ||||||
20 | such pension
fund, they shall be included within this | ||||||
21 | Article; provided, that such
persons shall not be excluded | ||||||
22 | to the extent of concurrent service and
earnings not | ||||||
23 | designated as being for police or fire protection duties.
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24 | However, (i) any head of a police department who was a | ||||||
25 | participant under this
Article immediately before October | ||||||
26 | 1, 1977 and did not elect, under Section
3-109 of this Act, |
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1 | to participate in a police pension fund shall be an
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2 | "employee", and (ii) any chief of police who elects to | ||||||
3 | participate in this
Fund under Section 3-109.1 of this | ||||||
4 | Code, regardless of whether such person
continues to be | ||||||
5 | employed as chief of police or is employed in some other
| ||||||
6 | rank or capacity within the police department, shall be an | ||||||
7 | employee under
this Article for so long as such person is | ||||||
8 | employed to perform police
duties by a participating | ||||||
9 | municipality and has not lawfully rescinded that
election. | ||||||
10 | (c) Are After August 26, 2011 (the effective date of | ||||||
11 | Public Act 97-609), are contributors to or eligible to | ||||||
12 | contribute to a Taft-Hartley pension plan established on or | ||||||
13 | before June 1, 2011 and are employees of a theatre, arena, | ||||||
14 | or convention center that is located in a municipality | ||||||
15 | located in a county with a population greater than | ||||||
16 | 5,000,000, and to which the participating municipality is | ||||||
17 | required to contribute as the person's employer based on | ||||||
18 | earnings from the municipality. Nothing in this paragraph | ||||||
19 | shall affect service credit or creditable service for any | ||||||
20 | period of service prior to the effective date of this | ||||||
21 | amendatory Act of the 98th General Assembly August 26, | ||||||
22 | 2011 , and this paragraph shall not apply to individuals who | ||||||
23 | are participating in the Fund prior to the effective date | ||||||
24 | of this amendatory Act of the 98th General Assembly August | ||||||
25 | 26, 2011 .
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26 | (3) All persons, including, without limitation, public |
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1 | defenders and
probation officers, who receive earnings from | ||||||
2 | general or special funds
of a county for performance of | ||||||
3 | personal services or official duties
within the territorial | ||||||
4 | limits of the county, are employees of the county
(unless | ||||||
5 | excluded by subsection (2) of this Section) notwithstanding | ||||||
6 | that
they may be appointed by and are subject to the direction | ||||||
7 | of a person or
persons other than a county board or a county | ||||||
8 | officer. It is hereby
established that an employer-employee | ||||||
9 | relationship under the usual
common law rules exists between | ||||||
10 | such employees and the county paying
their salaries by reason | ||||||
11 | of the fact that the county boards fix their
rates of | ||||||
12 | compensation, appropriate funds for payment of their earnings
| ||||||
13 | and otherwise exercise control over them. This finding and this
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14 | amendatory Act shall apply to all such employees from the date | ||||||
15 | of
appointment whether such date is prior to or after the | ||||||
16 | effective date of
this amendatory Act and is intended to | ||||||
17 | clarify existing law pertaining
to their status as | ||||||
18 | participating employees in the Fund.
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19 | (Source: P.A. 97-429, eff. 8-16-11; 97-609, eff. 8-26-11; | ||||||
20 | 97-813, eff. 7-13-12.)
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21 | (Text of Section after amendment by P.A. 98-599 )
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22 | Sec. 7-109. Employee.
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23 | (1) "Employee" means any person who:
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24 | (a) 1. Receives earnings as payment for the performance | ||||||
25 | of personal
services or official duties out of the |
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| |||||||
1 | general fund of a municipality,
or out of any special | ||||||
2 | fund or funds controlled by a municipality, or by
an | ||||||
3 | instrumentality thereof, or a participating | ||||||
4 | instrumentality, including,
in counties, the fees or | ||||||
5 | earnings of any county fee office; and
| ||||||
6 | 2. Under the usual common law rules applicable in | ||||||
7 | determining the
employer-employee relationship, has | ||||||
8 | the status of an employee with a
municipality, or any | ||||||
9 | instrumentality thereof, or a participating
| ||||||
10 | instrumentality, including aldermen, county | ||||||
11 | supervisors and other
persons (excepting those | ||||||
12 | employed as independent contractors) who are
paid | ||||||
13 | compensation, fees, allowances or other emolument for | ||||||
14 | official
duties, and, in counties, the several county | ||||||
15 | fee offices.
| ||||||
16 | (b) Serves as a township treasurer appointed under the | ||||||
17 | School
Code, as heretofore or hereafter amended, and
who | ||||||
18 | receives for such services regular compensation as | ||||||
19 | distinguished
from per diem compensation, and any regular | ||||||
20 | employee in the office of
any township treasurer whether or | ||||||
21 | not his earnings are paid from the
income of the permanent | ||||||
22 | township fund or from funds subject to
distribution to the | ||||||
23 | several school districts and parts of school
districts as | ||||||
24 | provided in the School Code, or from both such sources; or | ||||||
25 | is the chief executive officer, chief educational officer, | ||||||
26 | chief fiscal officer, or other employee of a Financial |
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| |||||||
1 | Oversight Panel established pursuant to Article 1H of the | ||||||
2 | School Code, other than a superintendent or certified | ||||||
3 | school business official, except that such person shall not | ||||||
4 | be treated as an employee under this Section if that person | ||||||
5 | has negotiated with the Financial Oversight Panel, in | ||||||
6 | conjunction with the school district, a contractual | ||||||
7 | agreement for exclusion from this Section.
| ||||||
8 | (c) Holds an elective office in a municipality, | ||||||
9 | instrumentality
thereof or participating instrumentality.
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10 | (2) "Employee" does not include persons who:
| ||||||
11 | (a) Are eligible for inclusion under any of the | ||||||
12 | following laws:
| ||||||
13 | 1. "An Act in relation to an Illinois State | ||||||
14 | Teachers' Pension and
Retirement Fund", approved May | ||||||
15 | 27, 1915, as amended;
| ||||||
16 | 2. Articles 15 and 16 of this Code.
| ||||||
17 | However, such persons shall be included as employees to | ||||||
18 | the extent of
earnings that are not eligible for inclusion | ||||||
19 | under the foregoing laws
for services not of an | ||||||
20 | instructional nature of any kind.
| ||||||
21 | However, any member of the armed forces who is employed | ||||||
22 | as a teacher
of subjects in the Reserve Officers Training | ||||||
23 | Corps of any school and who
is not certified under the law | ||||||
24 | governing the certification of teachers
shall be included | ||||||
25 | as an employee.
| ||||||
26 | (b) Are designated by the governing body of a |
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| |||||||
1 | municipality in which a
pension fund is required by law to | ||||||
2 | be established for policemen or
firemen, respectively, as | ||||||
3 | performing police or fire protection duties,
except that | ||||||
4 | when such persons are the heads of the police or fire
| ||||||
5 | department and are not eligible to be included within any | ||||||
6 | such pension
fund, they shall be included within this | ||||||
7 | Article; provided, that such
persons shall not be excluded | ||||||
8 | to the extent of concurrent service and
earnings not | ||||||
9 | designated as being for police or fire protection duties.
| ||||||
10 | However, (i) any head of a police department who was a | ||||||
11 | participant under this
Article immediately before October | ||||||
12 | 1, 1977 and did not elect, under Section
3-109 of this Act, | ||||||
13 | to participate in a police pension fund shall be an
| ||||||
14 | "employee", and (ii) any chief of police who elects to | ||||||
15 | participate in this
Fund under Section 3-109.1 of this | ||||||
16 | Code, regardless of whether such person
continues to be | ||||||
17 | employed as chief of police or is employed in some other
| ||||||
18 | rank or capacity within the police department, shall be an | ||||||
19 | employee under
this Article for so long as such person is | ||||||
20 | employed to perform police
duties by a participating | ||||||
21 | municipality and has not lawfully rescinded that
election. | ||||||
22 | (c) Are After August 26, 2011 (the effective date of | ||||||
23 | Public Act 97-609), are contributors to or eligible to | ||||||
24 | contribute to a Taft-Hartley pension plan established on or | ||||||
25 | before June 1, 2011 and are employees of a theatre, arena, | ||||||
26 | or convention center that is located in a municipality |
| |||||||
| |||||||
1 | located in a county with a population greater than | ||||||
2 | 5,000,000, and to which the participating municipality is | ||||||
3 | required to contribute as the person's employer based on | ||||||
4 | earnings from the municipality. Nothing in this paragraph | ||||||
5 | shall affect service credit or creditable service for any | ||||||
6 | period of service prior to the effective date of this | ||||||
7 | amendatory Act of the 98th General Assembly August 26, | ||||||
8 | 2011 , and this paragraph shall not apply to individuals who | ||||||
9 | are participating in the Fund prior to the effective date | ||||||
10 | of this amendatory Act of the 98th General Assembly August | ||||||
11 | 26, 2011 .
| ||||||
12 | (d) Become an employee of any of the following | ||||||
13 | participating instrumentalities on or after the effective | ||||||
14 | date of this amendatory Act of the 98th General Assembly: | ||||||
15 | the Illinois Municipal League; the Illinois Association of | ||||||
16 | Park Districts; the Illinois Supervisors, County | ||||||
17 | Commissioners and Superintendents of Highways Association; | ||||||
18 | an association, or not-for-profit corporation, membership | ||||||
19 | in which is authorized under Section 85-15 of the Township | ||||||
20 | Code; the United Counties Council; or the Will County | ||||||
21 | Governmental League. | ||||||
22 | (3) All persons, including, without limitation, public | ||||||
23 | defenders and
probation officers, who receive earnings from | ||||||
24 | general or special funds
of a county for performance of | ||||||
25 | personal services or official duties
within the territorial | ||||||
26 | limits of the county, are employees of the county
(unless |
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| |||||||
1 | excluded by subsection (2) of this Section) notwithstanding | ||||||
2 | that
they may be appointed by and are subject to the direction | ||||||
3 | of a person or
persons other than a county board or a county | ||||||
4 | officer. It is hereby
established that an employer-employee | ||||||
5 | relationship under the usual
common law rules exists between | ||||||
6 | such employees and the county paying
their salaries by reason | ||||||
7 | of the fact that the county boards fix their
rates of | ||||||
8 | compensation, appropriate funds for payment of their earnings
| ||||||
9 | and otherwise exercise control over them. This finding and this
| ||||||
10 | amendatory Act shall apply to all such employees from the date | ||||||
11 | of
appointment whether such date is prior to or after the | ||||||
12 | effective date of
this amendatory Act and is intended to | ||||||
13 | clarify existing law pertaining
to their status as | ||||||
14 | participating employees in the Fund.
| ||||||
15 | (Source: P.A. 97-429, eff. 8-16-11; 97-609, eff. 8-26-11; | ||||||
16 | 97-813, eff. 7-13-12; 98-599, eff. 6-1-14.)
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17 | Section 95. No acceleration or delay. Where this Act makes | ||||||
18 | changes in a statute that is represented in this Act by text | ||||||
19 | that is not yet or no longer in effect (for example, a Section | ||||||
20 | represented by multiple versions), the use of that text does | ||||||
21 | not accelerate or delay the taking effect of (i) the changes | ||||||
22 | made by this Act or (ii) provisions derived from any other | ||||||
23 | Public Act.
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24 | Section 99. Effective date. This Act takes effect upon | ||||||
25 | becoming law.
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