Sheriff’s police and deputy sheriffs are not covered by the Police Pension Fund Act, and therefore are covered by IMRF.
The Illinois statutes contain specific provisions for appointment of deputy sheriffs. For a deputy sheriff to participate in SLEP, he or she should satisfy each of the following eight criteria:
Work ”full-time” in the office of the Sheriff (”full-time” is determined by local personnel policies, usually 35 to 40 hours per week, 52 weeks a year)
Have been appointed by the Sheriff
The appointment must be in writing and signed by the Sheriff
Take an oath or affirmation in the same form as required of Sheriff (which is to be filed in the office of the County Clerk)
The appointment cannot exceed the number of appointments allowed by the county board
If a Merit Commission exists under the ”Sheriff’s Merit System Act,” then the person must be certified by the Commission as qualified for appointment
Was never classified as a conscientious objector by a local selective service draft board
Be a U.S. citizen.
If the sheriff does not follow these explicit statutory provisions in appointing deputy sheriffs, IMRF suggests that the employer not enroll the Deputy Sheriff as a SLEP member until it consults its State’s Attorney. It may be necessary to have a court determine whether or not the Deputy Sheriff is qualified to be a SLEP member.
A full-time deputy who meets the qualifications for deputy sheriffs may participate in SLEP even though the deputy may be designated a bailiff, desk sergeant, process server or communications operator.
These are elected officials who may choose to participate in IMRF. If they do elect to participate, they participate in the SLEP plan and subject to the rules applicable to SLEP members.
Certain county sheriffs elected to participate in the IMRF Elected County Official (ECO) Plan.
The ECO Plan is closed to new members as of August 8, 2011. Elected county officials may not elect the ECO plan; counties may not adopt the ECO plan.
If a county sheriff did not elect to participate at the beginning of his or her first term, retroactive service for up to 50 months may be established by payment of the retroactive contributions plus interest when the he or she elects to participate. The county sheriff would use IMRF Form entitled, ”Application for Retroactive Service Credit,” to establish the service. (See Section 6.40.) This form can be requested through the member access portal.
A chief deputy in a full-time position must participate in IMRF under the SLEP plan, whether or not a Merit Commission exempts the position from coverage.
Correctional officers may be deputized as regular deputies if the total number of deputies does not exceed the number authorized by the County Board and, where applicable, certified by the Merit Commission. If deputized, the correctional officers would participate in the SLEP plan.
Correctional officers who are not deputized as regular deputies are not eligible to participate in SLEP. The employee should be enrolled as a Regular plan member if he or she meets the hourly standard applicable to Regular members. (See Section 3.65.)
Auxiliary deputies, appointed pursuant to Section 3-6012 of the Counties Code, are not covered under the SLEP plan. Auxiliary deputies are not authorized to receive a salary but are reimbursed for expenses, and thus cannot be enrolled as IMRF members.
Special deputies appointed pursuant to Section 3-6011 of the Counties Code are not covered under the SLEP plan. If a special deputy works enough hours to meet the hourly standard (see Section 3.65), he or she should be enrolled as a Regular plan member.