Board Resolution 2020-07S-04(b)

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, Public Act 99-900, effective August 26, 2016, created Sections 7-137(b)(2.5) and 7-137.2 of the Illinois Pension Code which provide the requirements for participation in IMRF for members of a county board; and

WHEREAS, the Supreme Court found the requirements of Section 7-137.2(a) to be unconstitutional and unenforceable in Williamson County Board of Commissioners v. Board of Trustees of Illinois Municipal Retirement Fund, 2020 IL 125330; and

WHEREAS, it is necessary for the Board of Trustees to amend its rules for the efficient administration of Sections 7-137(b)(2.5) and 7-137.2(b).

THEREFORE, BE IT RESOLVED that the following administrative rules be and are hereby adopted by the Board of Trustees:

IMRF Participation for County Board Members

A member of a county board may participate in IMRF under the following conditions:

1. The county board member was first elected or appointed to the county board before August 26, 2016; and
2. The county board has on file with IMRF a current resolution approved by IMRF finding that the board members are expected to work at least 600 or 1000 hours (as appropriate) or more in a year, as specified in IMRF Board Resolution 2019-05-09(d): and
3. While a member of the county board, the county board member has elected, in a written notice filed with IMRF, to participate in IMRF; and
4. The county board member files the time sheets in a form acceptable to IMRF and as provided by Section 7-137.2(b).

Documentation of Time Worked on County Business

The time sheets required by Section 7-137.2(b) must:

1. Contain a detailed record of the time the county board member spent on official government business during each month of the year specifically setting forth the date, length of time, and type of official government business performed; and
2. Be filed with the county's fiscal officer (or designee) monthly. The form may be in either electronic or paper format. A time sheet must be filed each month, even if the county board member is reporting no hours worked in that month; and
3. Evidence the county board member worked at least the number of hours required for IMRF participation with the county (either 600 or 1000 hours) on an annual basis. The reporting year will begin as of the later of August 26, 2016, or the month the county board member took office.

Definition of Official Government Business

Official government business is defined as:

1. Attendance at county board and committee meetings;
2. Preparation for county board and committee meetings;
3. Meetings and communication with county staff;
4. Meetings and communication with constituents;
5. Meetings and communication with other elected officials;
6. Attendance at official county functions;
7. Attendance at meetings of other local governmental boards related to county business;
8. Attendance at meetings of civic and commercial organizations related to county business;
9. Other activities related to county business, including office hours at the county administration building.

Official government business does not include:

1. Activities related to campaigning for public office;
2. Activities defined as "prohibited political activity" at section 1-5 of the State Officials and Employees Ethics Act (5 ILCS 430/1-1 et seq.);
3. Time spent "on-call" or informally available to constituents.

Travel time:

Travel for which reimbursement would be paid to county employees under the county’s personnel policies may be included as official government business.

County Board Resolution

In order for a county board member to be eligible to participate in IMRF, the county board must pass a resolution finding that the position of county board member will require at least 600 or 1000 hours (as appropriate for that county) of work in a twelve month period. Refer to IMRF Board Resolution 2019-05-09(d) for additional details on resolutions for governing body members.