HB 4909

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Full Text of HB4909
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	HB4909 - 104th General Assembly
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			Senate Amendment 001
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		HB4909 Enrolled		LRB104 20038 RPS 33489 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
5changing Section 7-109 as follows:
6    (40 ILCS 5/7-109)  (from Ch. 108 1/2, par. 7-109)
7    Sec. 7-109. Employee.
8    (1) "Employee" means any person who:
9        (a) 1. Receives earnings as payment for the
10    performance of personal services or official duties out of
11    the general fund of a municipality, or out of any special
12    fund or funds controlled by a municipality, or by an
13    instrumentality thereof, or a participating
14    instrumentality, including, in counties, the fees or
15    earnings of any county fee office; and
16        2. Under the usual common law rules applicable in
17    determining the employer-employee relationship, has the
18    status of an employee with a municipality, or any
19    instrumentality thereof, or a participating
20    instrumentality, including alderpersons, county
21    supervisors and other persons (excepting those employed as
22    independent contractors) who are paid compensation, fees,
23    allowances or other emolument for official duties, and, in
		HB4909 Enrolled	- 2 -	LRB104 20038 RPS 33489 b
1    counties, the several county fee offices.
2        (b) Serves as a township treasurer appointed under the
3    School Code, as heretofore or hereafter amended, and who
4    receives for such services regular compensation as
5    distinguished from per diem compensation, and any regular
6    employee in the office of any township treasurer whether
7    or not his earnings are paid from the income of the
8    permanent township fund or from funds subject to
9    distribution to the several school districts and parts of
10    school districts as provided in the School Code, or from
11    both such sources; or is the chief executive officer,
12    chief educational officer, chief fiscal officer, or other
13    employee of a Financial Oversight Panel established
14    pursuant to Article 1H of the School Code, other than a
15    superintendent or certified school business official,
16    except that such person shall not be treated as an
17    employee under this Section if that person has negotiated
18    with the Financial Oversight Panel, in conjunction with
19    the school district, a contractual agreement for exclusion
20    from this Section.
21        (c) Holds an elective office in a municipality,
22    instrumentality thereof or participating instrumentality.
23    (2) "Employee" does not include persons who:
24        (a) Are eligible for inclusion under any of the
25    following laws:
26            1. "An Act in relation to an Illinois State
		HB4909 Enrolled	- 3 -	LRB104 20038 RPS 33489 b
1        Teachers' Pension and Retirement Fund", approved May
2        27, 1915, as amended;
3            2. Articles 15 and 16 of this Code.
4        However, such persons shall be included as employees
5    to the extent of earnings that are not eligible for
6    inclusion under the foregoing laws for services not of an
7    instructional nature of any kind.
8        However, any member of the armed forces who is
9    employed as a teacher of subjects in the Reserve Officers
10    Training Corps of any school and who is not certified
11    under the law governing the certification of teachers
12    shall be included as an employee.
13        (b) Are designated by the governing body of a
14    municipality in which a pension fund is required by law to
15    be established for policemen or firemen, respectively, as
16    performing police or fire protection duties, except that
17    when such persons are the heads of the police or fire
18    department and are not eligible to be included within any
19    such pension fund, they shall be included within this
20    Article; provided, that such persons shall not be excluded
21    to the extent of concurrent service and earnings not
22    designated as being for police or fire protection duties.
23    However, (i) any head of a police department who was a
24    participant under this Article immediately before October
25    1, 1977 and did not elect, under Section 3-109 of this Act,
26    to participate in a police pension fund shall be an
		HB4909 Enrolled	- 4 -	LRB104 20038 RPS 33489 b
1    "employee", and (ii) any chief of police who became a
2    participating employee under this Article before January
3    1, 2019 and who elects to participate in this Fund under
4    Section 3-109.1 of this Code, regardless of whether such
5    person continues to be employed as chief of police or is
6    employed in some other rank or capacity within the police
7    department, shall be an employee under this Article for so
8    long as such person is employed to perform police duties
9    by a participating municipality and has not lawfully
10    rescinded that election.
11        (b-5) Were not participating employees under this
12    Article before August 26, 2018 (the effective date of
13    Public Act 100-1097) and participated as a chief of police
14    in a fund under Article 3 and return to work in any
15    capacity with the police department, with any oversight of
16    the police department, or in an advisory capacity for the
17    police department with the same municipality with which
18    that pension was earned, regardless of whether they are
19    considered an employee of the police department or are
20    eligible for inclusion in the municipality's Article 3
21    fund.
22        (c) Are contributors to or eligible to contribute to a
23    Taft-Hartley pension plan to which the participating
24    municipality is required to contribute as the person's
25    employer based on earnings from the municipality. Nothing
26    in this paragraph shall affect service credit or
		HB4909 Enrolled	- 5 -	LRB104 20038 RPS 33489 b
1    creditable service for any period of service prior to July
2    16, 2014 (the effective date of Public Act 98-712), and
3    this paragraph shall not apply to individuals who are
4    participating in the Fund prior to July 16, 2014 (the
5    effective date of Public Act 98-712).
6        Notwithstanding any other provision of this Section, 
7    any person who is part of or becomes part of a bargaining 
8    unit for which a participating municipality is required to 
9    contribute to a Taft-Hartley pension plan under a 
10    collective bargaining agreement or other written agreement 
11    in effect on or before the effective date of this 
12    amendatory Act of the 104th General Assembly shall be 
13    deemed to be an employee within the meaning of this 
14    subsection (1) for any period on and after July 16, 2014.
15        (d) Become an employee of any of the following
16    participating instrumentalities on or after January 1,
17    2017 (the effective date of Public Act 99-830): the
18    Illinois Municipal League; the Illinois Association of
19    Park Districts; the Illinois Supervisors, County
20    Commissioners and Superintendents of Highways Association;
21    an association, or not-for-profit corporation, membership
22    in which is authorized under Section 85-15 of the Township
23    Code; the United Counties Council; or the Will County
24    Governmental League.
25        (e) Are members of the Board of Trustees of the
26    Firefighters' Pension Investment Fund, as created under
		HB4909 Enrolled	- 6 -	LRB104 20038 RPS 33489 b
1    Article 22C of this Code, in their capacity as members of
2    the Board of Trustees of the Firefighters' Pension
3    Investment Fund.
4        (f) Are members of the Board of Trustees of the Police
5    Officers' Pension Investment Fund, as created under
6    Article 22B of this Code, in their capacity as members of
7    the Board of Trustees of the Police Officers' Pension
8    Investment Fund.
9    (3) All persons, including, without limitation, public
10defenders and probation officers, who receive earnings from
11general or special funds of a county for performance of
12personal services or official duties within the territorial
13limits of the county, are employees of the county (unless
14excluded by subsection (2) of this Section) notwithstanding
15that they may be appointed by and are subject to the direction
16of a person or persons other than a county board or a county
17officer. It is hereby established that an employer-employee
18relationship under the usual common law rules exists between
19such employees and the county paying their salaries by reason
20of the fact that the county boards fix their rates of
21compensation, appropriate funds for payment of their earnings
22and otherwise exercise control over them. This finding and
23this amendatory Act shall apply to all such employees from the
24date of appointment whether such date is prior to or after the
25effective date of this amendatory Act and is intended to
26clarify existing law pertaining to their status as
		HB4909 Enrolled	- 7 -	LRB104 20038 RPS 33489 b
1participating employees in the Fund.
2(Source: P.A. 102-15, eff. 6-17-21; 102-637, eff. 8-27-21;
3102-813, eff. 5-13-22.)
4    Section 90. The State Mandates Act is amended by adding
5Section 8.50 as follows:
6    (30 ILCS 805/8.50 new)
7    Sec. 8.50. Exempt mandate. Notwithstanding Sections 6 and 
88 of this Act, no reimbursement by the State is required for 
9the implementation of any mandate created by this amendatory 
10Act of the 104th General Assembly.
11    Section 99. Effective date. This Act takes effect upon
12becoming law.