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Illinois General Assembly - Full Text of HB4909

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Full Text of HB4909

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HB4909 - 104th General Assembly

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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,
3
represented in the General Assembly:

4

Section 5.
The Illinois Pension Code is amended by
5
changing 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
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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
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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
10
defenders and probation officers, who receive earnings from
11
general or special funds of a county for performance of
12
personal services or official duties within the territorial
13
limits of the county, are employees of the county (unless
14
excluded by subsection (2) of this Section) notwithstanding
15
that they may be appointed by and are subject to the direction
16
of a person or persons other than a county board or a county
17
officer. It is hereby established that an employer-employee
18
relationship under the usual common law rules exists between
19
such employees and the county paying their salaries by reason
20
of the fact that the county boards fix their rates of
21
compensation, appropriate funds for payment of their earnings
22
and otherwise exercise control over them. This finding and
23
this amendatory Act shall apply to all such employees from the
24
date of appointment whether such date is prior to or after the
25
effective date of this amendatory Act and is intended to
26
clarify existing law pertaining to their status as

HB4909 Enrolled
- 7 -
LRB104 20038 RPS 33489 b
1
participating employees in the Fund.
2
(Source: P.A. 102-15, eff. 6-17-21; 102-637, eff. 8-27-21;
3
102-813, eff. 5-13-22.)

4

Section 90.
The State Mandates Act is amended by adding
5
Section 8.50 as follows:

6

(30 ILCS 805/8.50 new)
7

Sec. 8.50.
Exempt mandate.
Notwithstanding Sections 6 and
8
8 of this Act, no reimbursement by the State is required for
9
the implementation of any mandate created by this amendatory
10
Act of the 104th General Assembly.

11

Section 99.
Effective date.
This Act takes effect upon
12
becoming law.

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