Board Resolution 2011-08-14

Meeting room

Topic: Eligibility
Subtopic: Participation On-Call Hours
Date: 8/26/2011
Status: Active

WHEREAS, section 7-198 of the Illinois Pension Code authorizes the Board of Trustees of the Illinois Municipal Retirement Fund to establish rules necessary or desirable for the efficient administration of the Fund; and

WHEREAS, section 7-200 of the Illinois Pension Code gives the Board of Trustees the authority to make administrative decisions on participation and coverage, as well as on the other matters which are necessary for carrying out the Intent of Article 7 of the Pension Code; and

WHEREAS, section 7-137 of the Illinois Pension Code provides for mandatory IMRF participation for certain employees of IMRF-participating units of government; and

WHEREAS, section 7-137 of the Illinois Pension Code requires IMRF participation for "any person who occupies an office or is employed in a position normally requiring performance of duty" for 600 hours or more per year (or 1,000 hours or more per year by certain employers); and

WHEREAS, the Board of Trustees has the authority and responsibility to interpret Article 7 of the Illinois Pension Code and to assist each participating unit of government in making decisions on eligibility for IMRF participation by furnishing instructions and guidelines; and

WHEREAS, it is necessary to clarify whether time spent "on call" is included as "performance of duty" and is thus counted toward the 600 (or 1,000) hours duty requirement.

NOW THEREFORE BE IT RESOLVED by the Board of Trustees of the Illinois Municipal Retirement Fund that time spent "on-call" is included as performance of duty and is counted toward the 600 (or 1,000) hours of duty requirement if the following two conditions are met:

  1. The schedule and conditions of the on-call time are dictated and controlled by the employer and include employee access and response requirements to ensure the employee's availability during on-call time; and
  2. The employee is receiving minimum wage or more for the on-call time.

On-call time not meeting both of these requirements shall not be included as "performance of duty" in the determination of eligibility for IMRF participation.