Board Resolution 1969-7330

WHEREAS, Section 7-109 of the Illinois Pension Code, as amended, provides that court-appointed, county-compensated employees, performing service in geographical limits of the county compensating them, shall be considered employees of such county under the Illinois Municipal Retirement Fund;

WHEREAS, the Social Security Administration has taken the position that court appointed employees who are compensated by counties, such as public defenders and probation officers, are state employees rather than county employees, despite the provisions of Senate Bill 1789; and

WHEREAS, the Social Security Administration will accept these employees as state employees as members of the Illinois Municipal Retirement Fund retirement system coverage group pursuant to a modification of the agreement between the Secretary of Health, Education and Welfare and the State of Illinois.

WHEREAS, it is the desire of the Board of Trustees of the Illinois Municipal Retirement Fund to provide Social Security and pension coverage for these employees;

NOW, THEREFORE, BE IT RESOLVED by this Board of Trustees that:

1. The Executive Director of the Illinois Municipal Retirement Fund is directed to request the State Social Security Administrator to prepare and file a modification to a State-Federal agreement to include court-appointed, county compensated, state employees as members of the Illinois Municipal Retirement Fund retirement system coverage group.
2. These employees shall participate in the Illinois Municipal Retirement Fund as employees of the respective counties compensating them.
3. The respective counties compensating these employees shall be liable for Social Security contributions on their earnings.
4. The counties compensating these employees shall be liable for the municipality contributions and obligations to the Fund, resulting from their participation.