Board Resolution 2019-05-09(d)

Meeting room

Topic: Eligibility
Subtopic: Eligibility of Elected, Appointed, and All Other Positions
Date: 5/17/2019
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 in accordance with the provisions of Article 7 of the Pension Code; and

WHEREAS, section 7-200 of the Pension Code authorizes the Board of Trustees to make administrative decisions on participation and coverage which are necessary for carrying out the intent of the Fund in accordance with the provisions of Article 7 of the Pension Code; and

WHEREAS, it is advisable for the Board to adopt rules and regulations applicable to participation by the members of governing bodies and other elected and appointed officials for direction of the Executive Director and staff; and

WHEREAS, the IMRF Board of Trustees has previously ruled that it is the responsibility of each IMRF participating unit of government to determine if an employee’s position is expected to satisfy the standard hours for IMRF participation; and

WHEREAS, the IMRF staff has the 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.

WHEREAS, IMRF Board Resolutions 2017-02-13 and 2017-05-10 required the governing body of a municipality to adopt a resolution in a form satisfactory to IMRF no later than September 1, 2017 finding that elected and appointed positions normally require performance of duty during 600 hours (or 1,000 hours, as applicable) or more in a year, if the incumbent in that position is to be eligible for IMRF participation; and

WHEREAS, the IMRF Board finds that the recertification of elected positions which occurred no later than September 1, 2017, accomplished its purpose of identifying which positions were no longer eligible for IMRF participation due to the passage of time or technological advances, and IMRF’s records have been updated accordingly.

NOW, THEREFORE, BE IT RESOLVED that the following rules and regulations be adopted:

  1. A member of a governing body shall receive creditable service for service as a member of the governing body upon the fulfillment of the following requirements:
    1. If he or she is in an elected position, he or she has elected to participate in the Fund.
    2. The duties of his or her position normally require performance of duty for the applicable hourly standard.
    3. The governing body of the municipality has adopted a resolution in a form satisfactory to the Board finding that the jobs of the members of the governing body normally require performance of duty for the applicable hourly standard. The requirement that the positions of governing bodies must be recertified every two years after the initial September 1, 2017 certification deadline, as set forth in Board Resolutions 2017-02-13 and 2017-50-10, is rescinded.
    4. A certified copy of the resolution and appropriate reports of earnings are filed with the Fund.
    5. It is best practices for members of governing bodies to maintain time sheets documenting the time spent on official government business as a member of the governing body of the municipality.
  2. A member of a governing body of a municipality beginning participation after the adoption of this resolution shall be entitled to service credit for prior service upon fulfillment of these requirements:
    1. If he or she is in an elective position, he or she has elected to participate in the Fund within 30 days after the effective date of the employer’s IMRF participation or the first date of service subsequent to the effective date of the employer’s IMRF participation, whichever is the later.
    2. A resolution has been adopted by the governing body finding that the positions of members of the governing body normally required performance of duty for the applicable hourly standard and specifying the period of time prior to the effective date this was the case.
    3. A certified copy of the resolution was filed with the Fund within 90 days of the effective date.
    4. The service for which credit is requested is within the period specified in the resolution.
    5. It is best practices for members of governing bodies to maintain time sheets which document the time spent on official government business as a member of the governing body of the municipality.
  3. A member in a non-governing body elected position shall receive creditable service for service in that non-governing body elected position upon the fulfillment of the following requirements:
    1. He or she has elected to participate in the Fund.
    2. The duties of his or her position normally require performance of duty for the applicable hourly standard.
    3. If holding office on or after the effective date of this resolution, he or she has certified to the Fund, in a form satisfactory to the Fund, that his or her position normally requires performance of duty for the applicable hourly standard.
    4. The IMRF Authorized Agent of the municipality has certified, in a form satisfactory to the Fund, that the non-governing body elected position meets the applicable hourly standard, in accordance with the Authorized Agent’s duties set forth in 40 ILCS 5/7-135(b).
    5. The requirement that the elected positions of non-governing officials must be recertified every two years after the initial September 1, 2017 certification deadline, as set forth in Board Resolution 2017-02-13, is rescinded.
    6. It is best practices of the elected members who are non-governing body officials to maintain time sheets which document the time spent on official government business as an elected non-governing official.
  4. The determination of eligibility for individual participation in IMRF, within the requirements of the Illinois Pension Code and under the guidelines as provided by IMRF, is the primary responsibility of each IMRF participating unit of government.
  5. Notwithstanding the fact that the primary responsibility for determining IMRF eligibility rests with each IMRF participating unit of government, the Board of Trustees, as the administrators of the Fund, may inquire into determinations of eligibility to participate in IMRF, and other related matters affecting the payment of benefits to members or potential members, and reserves the right to make independent determinations on the basis of facts available. When evaluating whether an elected position qualifies for IMRF participation, certification by a governing board or by an individual elected official may be a factor considered by the Board of Trustees but will not control the Board’s final determination.
  6. Differences of opinion between the employer and IMRF staff relative to participation and other matters affecting the payment of benefits to members or potential members, shall be resolved in accordance with the applicable appeal procedures as set by the Board.