Rep. Michael J. Zalewski
Filed: 5/15/2018
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1 | AMENDMENT TO SENATE BILL 3119
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2 | AMENDMENT NO. ______. Amend Senate Bill 3119 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Pension Code is amended by | ||||||
5 | changing Sections 4-112, 7-109, and 7-109.3 as follows:
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6 | (40 ILCS 5/4-112) (from Ch. 108 1/2, par. 4-112)
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7 | Sec. 4-112. Determination of disability; restoration to | ||||||
8 | active service; disability cannot constitute cause for | ||||||
9 | discharge. A disability pension shall not be paid until | ||||||
10 | disability
has been established by the board by examinations
of | ||||||
11 | the firefighter at pension fund expense by 3 physicians | ||||||
12 | selected
by the board and such other evidence as the board | ||||||
13 | deems
necessary. The 3 physicians selected by the board need | ||||||
14 | not agree as to the existence of any disability or the nature | ||||||
15 | and extent of a disability. Medical examination of a | ||||||
16 | firefighter
receiving a disability pension shall be made at |
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1 | least once each year prior
to attainment of age 50 in order to | ||||||
2 | verify continuance of disability , except that a medical | ||||||
3 | examination of a firefighter receiving a disability pension for | ||||||
4 | post-traumatic stress disorder (PTSD) related to his or her | ||||||
5 | service as a firefighter shall not be made if: (1) the | ||||||
6 | firefighter has provided to the board documentation approving | ||||||
7 | the discontinuance of the medical examination from at least 2 | ||||||
8 | physicians; and (2) at least 4 members of the board have voted | ||||||
9 | in the affirmative to allow the firefighter to discontinue the | ||||||
10 | medical examination . No
examination shall be required after age | ||||||
11 | 50. No physical or mental disability that constitutes, in whole | ||||||
12 | or in part, the basis of an application for benefits under this | ||||||
13 | Article may be used, in whole or in part, by any municipality | ||||||
14 | or fire protection district employing firefighters, emergency | ||||||
15 | medical technicians, or paramedics as cause for discharge.
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16 | Upon satisfactory proof to the board that a firefighter on | ||||||
17 | the disability
pension has recovered from disability, the board | ||||||
18 | shall
terminate the
disability pension.
The firefighter shall | ||||||
19 | report to the marshal or chief
of the fire department, who | ||||||
20 | shall thereupon
order immediate reinstatement into active | ||||||
21 | service, and the municipality shall immediately return the | ||||||
22 | firefighter to its payroll, in the same rank or grade held
at | ||||||
23 | the date he or she was placed on disability pension. If the | ||||||
24 | firefighter must file a civil action against the municipality | ||||||
25 | to enforce his or her mandated return to payroll under this | ||||||
26 | paragraph, then the firefighter is entitled to recovery of |
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1 | reasonable court costs and attorney's fees.
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2 | The firefighter shall be entitled to 10 days notice before
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3 | any hearing or meeting of the board at which the question of | ||||||
4 | his or her
disability is to be considered, and shall have the | ||||||
5 | right to be present
at any such hearing or meeting, and to be | ||||||
6 | represented by counsel; however,
the board shall not have any | ||||||
7 | obligation to provide such fireman with counsel.
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8 | (Source: P.A. 95-681, eff. 10-11-07.)
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9 | (40 ILCS 5/7-109) (from Ch. 108 1/2, par. 7-109)
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10 | Sec. 7-109. Employee.
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11 | (1) "Employee" means any person who:
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12 | (a) 1. Receives earnings as payment for the performance | ||||||
13 | of personal
services or official duties out of the general | ||||||
14 | fund of a municipality,
or out of any special fund or funds | ||||||
15 | controlled by a municipality, or by
an instrumentality | ||||||
16 | thereof, or a participating instrumentality, including,
in | ||||||
17 | counties, the fees or earnings of any county fee office; | ||||||
18 | and
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19 | 2. Under the usual common law rules applicable in | ||||||
20 | determining the
employer-employee relationship, has the | ||||||
21 | status of an employee with a
municipality, or any | ||||||
22 | instrumentality thereof, or a participating
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23 | instrumentality, including aldermen, county supervisors | ||||||
24 | and other
persons (excepting those employed as independent | ||||||
25 | contractors) who are
paid compensation, fees, allowances |
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1 | or other emolument for official
duties, and, in counties, | ||||||
2 | the several county fee offices.
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3 | (b) Serves as a township treasurer appointed under the | ||||||
4 | School
Code, as heretofore or hereafter amended, and
who | ||||||
5 | receives for such services regular compensation as | ||||||
6 | distinguished
from per diem compensation, and any regular | ||||||
7 | employee in the office of
any township treasurer whether or | ||||||
8 | not his earnings are paid from the
income of the permanent | ||||||
9 | township fund or from funds subject to
distribution to the | ||||||
10 | several school districts and parts of school
districts as | ||||||
11 | provided in the School Code, or from both such sources; or | ||||||
12 | is the chief executive officer, chief educational officer, | ||||||
13 | chief fiscal officer, or other employee of a Financial | ||||||
14 | Oversight Panel established pursuant to Article 1H of the | ||||||
15 | School Code, other than a superintendent or certified | ||||||
16 | school business official, except that such person shall not | ||||||
17 | be treated as an employee under this Section if that person | ||||||
18 | has negotiated with the Financial Oversight Panel, in | ||||||
19 | conjunction with the school district, a contractual | ||||||
20 | agreement for exclusion from this Section.
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21 | (c) Holds an elective office in a municipality, | ||||||
22 | instrumentality
thereof or participating instrumentality.
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23 | (2) "Employee" does not include persons who:
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24 | (a) Are eligible for inclusion under any of the | ||||||
25 | following laws:
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26 | 1. "An Act in relation to an Illinois State |
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1 | Teachers' Pension and
Retirement Fund", approved May | ||||||
2 | 27, 1915, as amended;
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3 | 2. Articles 15 and 16 of this Code.
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4 | However, such persons shall be included as employees to | ||||||
5 | the extent of
earnings that are not eligible for inclusion | ||||||
6 | under the foregoing laws
for services not of an | ||||||
7 | instructional nature of any kind.
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8 | However, any member of the armed forces who is employed | ||||||
9 | as a teacher
of subjects in the Reserve Officers Training | ||||||
10 | Corps of any school and who
is not certified under the law | ||||||
11 | governing the certification of teachers
shall be included | ||||||
12 | as an employee.
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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
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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.
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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
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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 by | ||||||
9 | a participating municipality and has not lawfully | ||||||
10 | rescinded that
election. | ||||||
11 | (b-5) Were not participating employees under this | ||||||
12 | Article before the effective date of this amendatory Act of | ||||||
13 | the 100th General Assembly and participated as a chief of | ||||||
14 | police 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 creditable |
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1 | service for any period of service prior to the effective | ||||||
2 | date of this amendatory Act of the 98th General Assembly, | ||||||
3 | and this paragraph shall not apply to individuals who are | ||||||
4 | participating in the Fund prior to the effective date of | ||||||
5 | this amendatory Act of the 98th General Assembly.
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6 | (d) Become an employee of any of the following | ||||||
7 | participating instrumentalities on or after the effective | ||||||
8 | date of this amendatory Act of the 99th General Assembly: | ||||||
9 | the Illinois Municipal League; the Illinois Association of | ||||||
10 | Park Districts; the Illinois Supervisors, County | ||||||
11 | Commissioners and Superintendents of Highways Association; | ||||||
12 | an association, or not-for-profit corporation, membership | ||||||
13 | in which is authorized under Section 85-15 of the Township | ||||||
14 | Code; the United Counties Council; or the Will County | ||||||
15 | Governmental League. | ||||||
16 | (3) All persons, including, without limitation, public | ||||||
17 | defenders and
probation officers, who receive earnings from | ||||||
18 | general or special funds
of a county for performance of | ||||||
19 | personal services or official duties
within the territorial | ||||||
20 | limits of the county, are employees of the county
(unless | ||||||
21 | excluded by subsection (2) of this Section) notwithstanding | ||||||
22 | that
they may be appointed by and are subject to the direction | ||||||
23 | of a person or
persons other than a county board or a county | ||||||
24 | officer. It is hereby
established that an employer-employee | ||||||
25 | relationship under the usual
common law rules exists between | ||||||
26 | such employees and the county paying
their salaries by reason |
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1 | of the fact that the county boards fix their
rates of | ||||||
2 | compensation, appropriate funds for payment of their earnings
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3 | and otherwise exercise control over them. This finding and this
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4 | amendatory Act shall apply to all such employees from the date | ||||||
5 | of
appointment whether such date is prior to or after the | ||||||
6 | effective date of
this amendatory Act and is intended to | ||||||
7 | clarify existing law pertaining
to their status as | ||||||
8 | participating employees in the Fund.
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9 | (Source: P.A. 99-830, eff. 1-1-17; 100-281, eff. 8-24-17.)
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10 | (40 ILCS 5/7-109.3) (from Ch. 108 1/2, par. 7-109.3)
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11 | Sec. 7-109.3. "Sheriff's Law Enforcement Employees".
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12 | (a) "Sheriff's law enforcement employee" or "SLEP" means:
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13 | (1) A county sheriff and all deputies, other than | ||||||
14 | special deputies,
employed on a full time basis in the | ||||||
15 | office of the sheriff.
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16 | (2) A person who has elected to participate in this | ||||||
17 | Fund under Section
3-109.1 of this Code, and who is | ||||||
18 | employed by a participating municipality
to perform police | ||||||
19 | duties.
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20 | (3) A law enforcement officer employed on a full time | ||||||
21 | basis by a Forest
Preserve District, provided that such | ||||||
22 | officer shall be deemed a "sheriff's
law enforcement | ||||||
23 | employee" for the purposes of this Article, and service in
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24 | that capacity shall be deemed to be service as a sheriff's | ||||||
25 | law enforcement
employee, only if the board of |
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1 | commissioners of the District have so
elected by adoption | ||||||
2 | of an affirmative resolution. Such election, once made,
may | ||||||
3 | not be rescinded.
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4 | (4) A person not eligible to participate in a fund | ||||||
5 | established under
Article 3 of this Code who is employed on | ||||||
6 | a full-time basis by a
participating municipality or | ||||||
7 | participating instrumentality to perform
police duties at | ||||||
8 | an airport, but only if the governing authority of the
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9 | employer has approved sheriff's law enforcement employee | ||||||
10 | status for its
airport police employees by adoption of an | ||||||
11 | affirmative resolution. Such
approval, once given, may not | ||||||
12 | be rescinded.
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13 | (5) A person first hired on or after January 1, 2011 | ||||||
14 | who (i) is employed by a participating municipality that | ||||||
15 | has both 30 or more full-time police officers and 50 or | ||||||
16 | more full-time firefighters and has not established a fund | ||||||
17 | under
Article 3 or Article 4 of this Code and (ii) is | ||||||
18 | employed on a full-time basis by that
participating | ||||||
19 | municipality to perform
police duties or firefighting and | ||||||
20 | EMS duties; but only if the governing authority of that | ||||||
21 | municipality has approved sheriff's law enforcement | ||||||
22 | employee status for its
police officer or firefighter | ||||||
23 | employees by adoption of an affirmative resolution. The | ||||||
24 | resolution must specify that SLEP status shall be | ||||||
25 | applicable to such employment occurring on or after the | ||||||
26 | adoption of the resolution. Such resolution shall be |
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1 | irrevocable, but shall automatically terminate upon the | ||||||
2 | establishment of an Article 3 or 4 fund by the | ||||||
3 | municipality. | ||||||
4 | (b) An employee who is a sheriff's law enforcement employee | ||||||
5 | and is granted
military leave or authorized leave of absence | ||||||
6 | shall receive service credit in
that capacity. Sheriff's law | ||||||
7 | enforcement employees shall not be entitled to
out-of-State | ||||||
8 | service credit under Section 7-139.
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9 | (Source: P.A. 100-354, eff. 8-25-17.)
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10 | Section 99. Effective date. This Act takes effect upon | ||||||
11 | becoming law.".
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