IMRF Board Resolution 2019-05-09(d) Changes Certification for Elected and Appointed Officials*
June 14, 2019
Board Resolution 2019-05-09(d), changes the certification requirements for members of governing bodies and other elected positions in two ways: 1) Recertification of governing body positions is no longer required every two years and 2) Non-governing body elected officials no longer require certification by resolution.
*Note that eligibility rules for county board members are different and are not covered by this General Memo.
Elected/Appointed Governing Body Positions No Longer Require Two Year Recertification
Governing body positions are defined as follows:
| Municipality Type | Position Type(s) | Considered part of a Governing Body? |
|---|---|---|
| Cities | Mayor City council members |
Yes Yes |
| Villages and Incorporated Towns | Village President Board of Trustees |
Yes Yes |
| Municipalities with Commission form of government | Mayor Commissioners |
Yes Yes |
| Townships | Supervisor Township board |
Yes Yes |
| Counties* | County board members County board chairman -- elected by the board County board chairman -- elected at large |
Yes Yes No |
| Counties* with Executive form of government | County Executive County board members |
No Yes |
* Please note: County board members elected after 8/26/2016 can no longer participate in IMRF regardless of the hourly standard.
Elected or appointed governing body positions will continue to require a 6.64 resolution which certifies that the governing body positions are expected to meet the applicable hourly standard in order for the individual holding those positions to have the option to participate in IMRF. This resolution is no longer required to be renewed every two years. If a 6.64 resolution is currently on file with IMRF, and the positions continue to meet the hourly standard, nothing needs to be done. Please note that governing body members first elected or appointed to that office on or after January 1, 2018 are required to meet the 1000-hour standard, regardless of the hourly standard adopted by the employer.
The new IMRF resolution changes the certification rules going forward from the date of its adoption. This means that beginning May 17, 2019, IMRF will accept resolutions prospectively certifying governing body positions not currently participating in IMRF. To the extent that any newly participating governing body positions will be retroactively certified by a governing body, the start date may be no earlier than May 17, 2019.
In addition to having a 6.64 resolution on file, governing body members are still required to elect to participate in IMRF by submitting IMRF Form 6.21.
Non-governing Body Elected Positions
The governing body is no longer required to pass a 6.64 resolution certifying the non-governing body elected positions as meeting the hourly standard for IMRF participation. Beginning May 17, 2019, in order to participate in IMRF, non-governing body elected officials must file an election to participate (IMRF Form 6.21). Form 6.21 requires the signature of the employer’s IMRF Authorized Agent to certify that the position is IMRF eligible. Employers are expected to continuously review these non-governing body elected positions to ensure that they continue to meet the applicable hourly standard. Currently participating non-governing body elected officials with a valid 6.64 resolution on file with IMRF on May 17, 2019 may continue to participate but should submit a new form 6.21 to IMRF. Individuals in qualifying non-governing body elected positions which do not currently have a valid 6.64 resolution on file with IMRF may submit the 6.21 form in order to participate in IMRF if that positon meets the applicable hourly standard. However, in these cases, the participation date may be no earlier than May 17, 2019.
Other Eligibility Rules
IMRF’s authority to be the fact-finder regarding the participation of any position in IMRF remains intact. The Board of Trustees may inquire into determinations of IMRF eligibility and reserves the right to make independent determinations on the basis of facts available. Differences of opinion between the employer and IMRF staff are resolved in accordance with the applicable appeal procedures as set by the Board.
IMPORTANT NOTE:
It is best practice for all officials to maintain time sheets which document the time spent on official business. Hours spent at meetings, preparing for meetings, in the office and hours spent actually conferring with constituents are to be counted as performance of duty. Hours spent on-call or otherwise informally available to constituents do not count as hours necessary to do the job. These timesheets would be considered helpful if a question arises as to IMRF eligibility of a position.
Questions
If you have questions about the new Board rules and participation in IMRF, please contact IMRF at (630) 368-1010 and ask to speak with a member of the Legal Department.