40 ILCS 5/7-137
2021 Illinois Compiled Statutes|Chapter 40 - PENSIONS|40 ILCS 5/ - Illinois Pension Code.|Article 7 - Illinois Municipal Retirement Fund

 (from Ch. 108 1/2, par. 7-137)Sec. 7-137. Participating and covered employees.(a) The persons described in this paragraph (a) shall be included within  and be subject to this Article and eligible to benefits from this fund,  beginning upon the dates hereinafter specified:1.  Except as to the employees specifically excluded     under the provisions of this Article, all persons who are employees of any municipality (or instrumentality thereof) or participating instrumentality on the effective date of participation of the municipality or participating instrumentality beginning upon such effective date.2.  Except as to the employees specifically excluded     under the provisions of this Article, all persons, who became employees of any participating municipality (or instrumentality thereof) or participating instrumentality after the effective date of participation of such municipality or participating instrumentality, beginning upon the date such person becomes an employee.3. All persons who file notice with the board as     provided in paragraph (b) 2 and 3 of this Section, beginning upon the date of filing such notice.(b) The following described persons shall not be considered  participating employees eligible for benefits from this fund, but shall  be included within and be subject to this Article (each of the  descriptions is not exclusive but is cumulative):1. Any person who occupies an office or is employed     in a position normally requiring performance of duty during less than 600 hours a year for a municipality (including all instrumentalities thereof) or a participating instrumentality. If a school treasurer performs services for more than one school district, the total number of hours of service normally required for the several school districts shall be considered to determine whether he qualifies under this paragraph;2. Except as provided in items 2.5, 2.6, and 2.7, any     person who holds elective office, unless he or she has elected while in that office in a written notice on file with the board to become a participating employee;2.5. Except as provided in item 2.6, any person who     holds elective office as a member of a county board, unless:(i) the person was first elected as a member of a         county board before the effective date of this amendatory Act of the 99th General Assembly;(ii) the person has elected while in that office,         in a written notice on file with the board, to become a participating employee;(iii) the county board has filed the resolution         required by subsection (a) of Section 7-137.2 of this Article; and(iv) the person has submitted the required time         sheets evidencing that the person has met the hourly standard as required by subsection (b) of Section 7-137.2 of this Article;2.6. Any person who is an elected member of a county     board and is first so elected on or after the effective date of this amendatory Act of the 99th General Assembly;2.7. Any person who holds part-time office as a     member of a governing body, whether he or she is elected or appointed, unless he or she (i) was  elected or appointed to that office before the effective date of this amendatory Act of the 100th General Assembly and (ii) has elected while in that office in a written notice on file with the board to become a participating employee. An office as a member of a governing body shall be deemed to be part-time if it normally requires the performance of duty during less than 1000 hours a year for the governing body of the participating municipality or instrumentality;3. Any person working for a city hospital unless any     such person, while in active employment, has elected in a written notice on file with the board to become a participating employee and notification thereof is received by the board;4. Any person who becomes an employee after June 30,     1979 as a public service employment program participant under the federal Comprehensive Employment and Training Act and whose wages or fringe benefits are paid in whole or in part by funds provided under such Act;5. Any person who is actively employed by a     municipality on its effective date of participation in the Fund if that municipality (i) has at least 35 employees on its effective date of participation; (ii) is located in a county with at least 2,000,000 inhabitants; and (iii) maintains an independent defined benefit pension plan for the benefit of its eligible employees, unless the person files with the board within 90 days after the municipality's effective date of participation an irrevocable election to participate.(c) Any person electing to be a participating employee, pursuant to  paragraph (b) of this Section may not change such election,  except as provided in Section 7-137.1.(d) Any employee who occupied the position of school nurse in any  participating municipality on August 8, 1961 and continuously thereafter  until the effective date of the exercise of the option authorized by  this subparagraph, who on August 7, 1961 was a member of the Teachers'  Retirement System of Illinois, by virtue of certification by the  Department of Registration and Education as a public health nurse, may  elect to terminate participation in this Fund in order to re-establish  membership in such System.  The election may be exercised by filing  written notice thereof with the Board or with the Board of Trustees of  said Teachers' Retirement System, not later than September 30, 1963, and  shall be effective on the first day of the calendar month next following  the month in which the notice was filed.  If the written notice is filed  with such Teachers' Retirement System, that System shall immediately  notify this Fund, but neither failure nor delay in notification shall  affect the validity of the employee's election.  If the option is  exercised, the Fund shall notify such Teachers' Retirement System of  such fact and transfer to that system the amounts contributed by the  employee to this Fund, including interest at 3% per annum, but excluding  contributions applicable to social security coverage during the period  beginning August 8, 1961 to the effective date of the employee's  election.  Participation in this Fund as to any credits on or after  August 8, 1961 and up to the effective date of the employee's election  shall terminate on such effective date.(e) Any participating municipality or participating instrumentality,  other than a school district or special education joint agreement created  under Section 10-22.31 of the  School Code, may, by a resolution or  ordinance duly adopted by its governing body, elect to exclude from  participation and eligibility for benefits all persons who are employed  after the effective date of such resolution or ordinance and who occupy an  office or are employed in a position normally requiring performance of duty  for less than 1000 hours per year for the participating municipality  (including all instrumentalities thereof) or participating instrumentality  except for persons employed in a position normally requiring performance of  duty for 600 hours or more per year (i) by such participating municipality  or participating instrumentality prior to the effective date of the  resolution or ordinance and (ii) by a  participating municipality or participating instrumentality, which had not  adopted such a resolution when the person was employed, and the function  served by the employee's position is assumed by another participating  municipality or participating instrumentality.  Notwithstanding  the foregoing, a participating municipality or participating  instrumentality which is formed solely to succeed to the functions of a  participating municipality or participating instrumentality shall be  considered to have adopted any such resolution or ordinance which may have  been applicable to the employees performing such functions.  The election  made by the resolution or ordinance shall take effect at the time specified  in the resolution or ordinance, and once effective shall be irrevocable.  (Source: P.A. 99-900, eff. 8-26-16; 100-274, eff. 1-1-18.)