Illinois 99th Regular Session Status: Enacted 1 D cosponsors

HB 4259 — PEN CD-ELIGIBILITY

Last action — Public Act . . . . . . . . . 99-0830

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced July 28, 2015. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    0 primary, 1 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Illinois Pension Code. In the Illinois Municipal Retirement Fund (IMRF) Article, provides that the definition of "employee" does not include a person who on or after the effective date becomes an employee of the following participating instrumentalities: the Illinois Municipal League; the Illinois Association of Park Districts; the Illinois Supervisors, County Commissioners and Superintendents of Highways Association; the United Counties Council; the Will County Governmental League; or certain other associations and not-for-profit corporations. In the State Universities Article, provides that a person who, on or after the effective date of the amendatory Act, becomes an employee of any association of community college boards organized under a certain provision of the Public Community College Act, the Association of Illinois Middle-Grade Schools, the Illinois Association of School Administrators, the Illinois Association for Supervision and Curriculum Development, the Illinois Principals Association, the Illinois Association of School Business Officials, or the Illinois Special Olympics shall not be deemed an employee under the Article. Provides that an individual that begins employment after the effective date of the amendatory Act with an entity not defined as an employer in the Article shall not be deemed an employee for the purposes of the Article. Provides that in the case of doubt as to whether any person is an employee, as defined in the Article, the decision of the Board of Trustees shall be final. In the Downstate Teacher Article, provides that an employee of a school board association who becomes an employee after the effective date of the amendatory Act is not a teacher for the purposes of the Article.

Bill Text

What changed in the latest version

17 added · 17 removed

Plain-language change summary

The bill HB 4259 has undergone a revision, resulting in a complete change of its labeling from "Engrossed" to "Enrolled." This indicates that the bill has passed through all necessary legislative processes and is in its final form prior to being sent for approval. This change matters because it signifies the bill's progression towards becoming law and suggests that it has successfully addressed any outstanding issues from earlier versions.

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Previous
Latest
HB4259 Engrossed LRB099 13021 RPS 36896 b AN ACT concerning public employee benefits.
HB4259 Enrolled LRB099 13021 RPS 36896 b AN ACT concerning public employee benefits.
Under the usual common law rules applicable in determining the employer-employee relationship, has the status of an employee with a municipality, or any instrumentality thereof, or a participating instrumentality, including aldermen, county supervisors and other persons (excepting those HB4259 Engrossed - 2 - LRB099 13021 RPS 36896 b employed as independent contractors) who are paid compensation, fees, allowances or other emolument for official duties, and, in counties, the several county fee offices.
Under the usual common law rules applicable in determining the employer-employee relationship, has the status of an employee with a municipality, or any instrumentality thereof, or a participating instrumentality, including aldermen, county supervisors and other persons (excepting those HB4259 Enrolled - 2 - LRB099 13021 RPS 36896 b employed as independent contractors) who are paid compensation, fees, allowances or other emolument for official duties, and, in counties, the several county fee offices.
(a) Are eligible for inclusion under any of the HB4259 Engrossed - 3 - LRB099 13021 RPS 36896 b following laws:
(a) Are eligible for inclusion under any of the HB4259 Enrolled - 3 - LRB099 13021 RPS 36896 b following laws:
However, (i) any head of a police department who was a participant under this Article immediately before October HB4259 Engrossed - 4 - LRB099 13021 RPS 36896 b 1, 1977 and did not elect, under Section 3-109 of this Act, to participate in a police pension fund shall be an "employee", and (ii) any chief of police who elects to participate in this Fund under Section 3-109.1 of this Code, regardless of whether such person continues to be employed as chief of police or is employed in some other rank or capacity within the police department, shall be an employee under this Article for so long as such person is employed to perform police duties by a participating municipality and has not lawfully rescinded that election.
However, (i) any head of a police department who was a participant under this Article immediately before October HB4259 Enrolled - 4 - LRB099 13021 RPS 36896 b 1, 1977 and did not elect, under Section 3-109 of this Act, to participate in a police pension fund shall be an "employee", and (ii) any chief of police who elects to participate in this Fund under Section 3-109.1 of this Code, regardless of whether such person continues to be employed as chief of police or is employed in some other rank or capacity within the police department, shall be an employee under this Article for so long as such person is employed to perform police duties by a participating municipality and has not lawfully rescinded that election.
HB4259 Engrossed - 5 - LRB099 13021 RPS 36896 b an association, or not-for-profit corporation, membership in which is authorized under Section 85-15 of the Township Code;
HB4259 Enrolled - 5 - LRB099 13021 RPS 36896 b an association, or not-for-profit corporation, membership in which is authorized under Section 85-15 of the Township Code;
7-16-14.) HB4259 Engrossed - 6 - LRB099 13021 RPS 36896 b (40 ILCS 5/15-106) (from Ch.
7-16-14.) HB4259 Enrolled - 6 - LRB099 13021 RPS 36896 b (40 ILCS 5/15-106) (from Ch.
An individual who begins employment on or after the effective date of this amendatory Act of the 99th General Assembly with any association of community college boards organized under Section 3-55 of the Public Community College Act, the Association of Illinois Middle-Grade Schools, the Illinois Association of School Administrators, the HB4259 Engrossed - 7 - LRB099 13021 RPS 36896 b Illinois Association for Supervision and Curriculum Development, the Illinois Principals Association, the Illinois Association of School Business Officials, the Illinois Special Olympics, or an entity not defined as an employer in this Section shall not be deemed an employee for the purposes of this Article with respect to that employment and shall not be eligible to participate in the System with respect to that employment;
An individual who begins employment on or after the effective date of this amendatory Act of the 99th General Assembly with any association of community college boards organized under Section 3-55 of the Public Community College Act, the Association of Illinois Middle-Grade Schools, the Illinois Association of School Administrators, the HB4259 Enrolled - 7 - LRB099 13021 RPS 36896 b Illinois Association for Supervision and Curriculum Development, the Illinois Principals Association, the Illinois Association of School Business Officials, the Illinois Special Olympics, or an entity not defined as an employer in this Section shall not be deemed an employee for the purposes of this Article with respect to that employment and shall not be eligible to participate in the System with respect to that employment;
The cities of Champaign and Urbana shall be considered employers, but only during the period for which contributions HB4259 Engrossed - 8 - LRB099 13021 RPS 36896 b are required to be made under subsection (b-1) of Section 15-155 and only with respect to individuals described in subsection (h) of Section 15-107.
The cities of Champaign and Urbana shall be considered employers, but only during the period for which contributions HB4259 Enrolled - 8 - LRB099 13021 RPS 36896 b are required to be made under subsection (b-1) of Section 15-155 and only with respect to individuals described in subsection (h) of Section 15-107.
(1) is a student enrolled in and regularly attending classes in a college or university which is an employer, HB4259 Engrossed - 9 - LRB099 13021 RPS 36896 b and is employed on a temporary basis at less than full time;
(1) is a student enrolled in and regularly attending classes in a college or university which is an employer, HB4259 Enrolled - 9 - LRB099 13021 RPS 36896 b and is employed on a temporary basis at less than full time;
(b) Any employer may, by filing a written notice with the board, exclude from the definition of "employee" all persons employed pursuant to a federally funded contract entered into HB4259 Engrossed - 10 - LRB099 13021 RPS 36896 b after July 1, 1982 with a federal military department in a program providing training in military courses to federal military personnel on a military site owned by the United States Government, if this exclusion is not prohibited by the federally funded contract or federal laws or rules governing the administration of the contract.
(b) Any employer may, by filing a written notice with the board, exclude from the definition of "employee" all persons employed pursuant to a federally funded contract entered into HB4259 Enrolled - 10 - LRB099 13021 RPS 36896 b after July 1, 1982 with a federal military department in a program providing training in military courses to federal military personnel on a military site owned by the United States Government, if this exclusion is not prohibited by the federally funded contract or federal laws or rules governing the administration of the contract.
If such absences during any period of 12 months exceed 30 work days, HB4259 Engrossed - 11 - LRB099 13021 RPS 36896 b the employee status of the person is considered as interrupted as of the 31st work day.
If such absences during any period of 12 months exceed 30 work days, HB4259 Enrolled - 11 - LRB099 13021 RPS 36896 b the employee status of the person is considered as interrupted as of the 31st work day.
(i) An individual who is employed on a full-time basis as an officer or employee of a statewide teacher organization that serves System participants or an officer of a national teacher organization that serves System participants may participate HB4259 Engrossed - 12 - LRB099 13021 RPS 36896 b in the System and shall be deemed an employee, provided that (1) the individual has previously earned creditable service under this Article, (2) the individual files with the System an irrevocable election to become a participant before the effective date of this amendatory Act of the 97th General Assembly, (3) the individual does not receive credit for that employment under any other Article of this Code, and (4) the individual first became a full-time employee of the teacher organization and becomes a participant before the effective date of this amendatory Act of the 97th General Assembly.
(i) An individual who is employed on a full-time basis as an officer or employee of a statewide teacher organization that serves System participants or an officer of a national teacher organization that serves System participants may participate HB4259 Enrolled - 12 - LRB099 13021 RPS 36896 b in the System and shall be deemed an employee, provided that (1) the individual has previously earned creditable service under this Article, (2) the individual files with the System an irrevocable election to become a participant before the effective date of this amendatory Act of the 97th General Assembly, (3) the individual does not receive credit for that employment under any other Article of this Code, and (4) the individual first became a full-time employee of the teacher organization and becomes a participant before the effective date of this amendatory Act of the 97th General Assembly.
However, credit shall not be granted under this subsection for any such prior employment for which the applicant received credit under any other provision HB4259 Engrossed - 13 - LRB099 13021 RPS 36896 b of this Code, or during which the applicant was on a leave of absence under Section 15-113.2.
However, credit shall not be granted under this subsection for any such prior employment for which the applicant received credit under any other provision HB4259 Enrolled - 13 - LRB099 13021 RPS 36896 b of this Code, or during which the applicant was on a leave of absence under Section 15-113.2.
(1) Any educational, administrative, professional or other staff employed in the public common schools included HB4259 Engrossed - 14 - LRB099 13021 RPS 36896 b within this system in a position requiring certification under the law governing the certification of teachers;
(1) Any educational, administrative, professional or other staff employed in the public common schools included HB4259 Enrolled - 14 - LRB099 13021 RPS 36896 b within this system in a position requiring certification under the law governing the certification of teachers;
(4) Any employee of a school board association HB4259 Engrossed - 15 - LRB099 13021 RPS 36896 b operating in compliance with Article 23 of the School Code who is certificated under the law governing the certification of teachers, provided that he or she becomes such an employee before the effective date of this amendatory Act of the 99th General Assembly;
(4) Any employee of a school board association HB4259 Enrolled - 15 - LRB099 13021 RPS 36896 b operating in compliance with Article 23 of the School Code who is certificated under the law governing the certification of teachers, provided that he or she becomes such an employee before the effective date of this amendatory Act of the 99th General Assembly;
(8) Any officer or employee of a statewide teacher HB4259 Engrossed - 16 - LRB099 13021 RPS 36896 b organization or officer of a national teacher organization who is certified under the law governing certification of teachers, provided:
(8) Any officer or employee of a statewide teacher HB4259 Enrolled - 16 - LRB099 13021 RPS 36896 b organization or officer of a national teacher organization who is certified under the law governing certification of teachers, provided:
(10) Any person employed, on the effective date of this amendatory Act of the 94th General Assembly, by the Macon-Piatt Regional Office of Education in a birth-through-age-three pilot program receiving funds under Section 2-389 of the School Code who is required by the Macon-Piatt Regional Office of Education to hold a teaching certificate, provided that the Macon-Piatt Regional Office of Education makes an election, within 6 months after the effective date of this amendatory Act of the 94th General Assembly, to have the person participate HB4259 Engrossed - 17 - LRB099 13021 RPS 36896 b in the system.
(10) Any person employed, on the effective date of this amendatory Act of the 94th General Assembly, by the Macon-Piatt Regional Office of Education in a birth-through-age-three pilot program receiving funds under Section 2-389 of the School Code who is required by the Macon-Piatt Regional Office of Education to hold a teaching certificate, provided that the Macon-Piatt Regional Office of Education makes an election, within 6 months after the effective date of this amendatory Act of the 94th General Assembly, to have the person participate HB4259 Enrolled - 17 - LRB099 13021 RPS 36896 b in the system.
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Action History

  1. Public Act . . . . . . . . . 99-0830

  2. Effective Date January 1, 2017

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. Third Reading - Passed; 059-000-000

  7. Rule 2-10 Committee/3rd Reading Deadline Established As May 31, 2016

  8. Added as Alternate Chief Co-Sponsor Sen. Michael Connelly

  9. Placed on Calendar Order of 3rd Reading May 11, 2016

  10. Second Reading

  11. Added as Alternate Chief Co-Sponsor Sen. Laura M. Murphy

  12. Placed on Calendar Order of 2nd Reading May 5, 2016

  13. Do Pass Licensed Activities and Pensions; 007-000-000

  14. Alternate Chief Sponsor Changed to Sen. Jennifer Bertino-Tarrant

  15. Assigned to Licensed Activities and Pensions

  16. Referred to Assignments

  17. First Reading

  18. Chief Senate Sponsor Sen. John J. Cullerton

  19. Placed on Calendar Order of First Reading

  20. Arrive in Senate

  21. Added Co-Sponsor Rep. Keith R. Wheeler

  22. Added Co-Sponsor Rep. Ron Sandack

  23. Added Co-Sponsor Rep. André Thapedi

  24. Added Co-Sponsor Rep. Anthony DeLuca

  25. Added Co-Sponsor Rep. David Harris

  26. Third Reading - Short Debate - Passed 111-000-000

  27. Added Co-Sponsor Rep. Margo McDermed

  28. Added Co-Sponsor Rep. Frances Ann Hurley

  29. Placed on Calendar Order of 3rd Reading - Short Debate

  30. Second Reading - Short Debate

  31. Added Co-Sponsor Rep. Carol Sente

  32. Placed on Calendar 2nd Reading - Short Debate

  33. Do Pass as Amended / Short Debate Personnel and Pensions Committee; 009-000-000

  34. House Committee Amendment No. 1 Adopted in Personnel and Pensions Committee; by Voice Vote

  35. House Committee Amendment No. 1 Rules Refers to Personnel and Pensions Committee

  36. Added Co-Sponsor Rep. Ed Sullivan

  37. Added Co-Sponsor Rep. Mark Batinick

  38. House Committee Amendment No. 1 Referred to Rules Committee

  39. House Committee Amendment No. 1 Filed with Clerk by Rep. Martin J. Moylan

  40. Added Co-Sponsor Rep. Jack D. Franks

  41. Assigned to Personnel and Pensions Committee

  42. Added Co-Sponsor Rep. Sam Yingling

  43. Added Co-Sponsor Rep. Will Guzzardi

  44. Added Co-Sponsor Rep. Silvana Tabares

  45. Added Co-Sponsor Rep. Peter Breen

  46. Added Co-Sponsor Rep. Christine Winger

  47. Added Co-Sponsor Rep. Jeanne M Ives

  48. Added Co-Sponsor Rep. Steven A. Andersson

  49. Added Co-Sponsor Rep. John D. Anthony

  50. Added Co-Sponsor Rep. Anna Moeller

  51. Added Chief Co-Sponsor Rep. David McSweeney

  52. Added Chief Co-Sponsor Rep. Grant Wehrli

  53. Referred to Rules Committee

  54. First Reading

  55. Added Co-Sponsor Rep. Deb Conroy

  56. Added Co-Sponsor Rep. Stephanie A. Kifowit

  57. Added Co-Sponsor Rep. Kathleen Willis

  58. Added Co-Sponsor Rep. Natalie A. Manley

  59. Added Co-Sponsor Rep. Michelle Mussman

  60. Added Chief Co-Sponsor Rep. Fred Crespo

  61. Added Chief Co-Sponsor Rep. Elaine Nekritz

  62. Filed with the Clerk by Rep. Martin J. Moylan

Sponsors

Sponsorship breakdown

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0 sponsors · 1 co-sponsors · 182 not signed on

Sponsors (0)

None.

Co-sponsors (1)

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 59 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 39000
Republican 6000
Democrat 14000
Total 59000
% of votes cast 100%0%0%0%
How each member voted (59)
Member Party Vote
Sandoval — Yea
Landek — Yea
Link — Yea
Manar — Yea
Althoff — Yea
Martinez — Yea
Barickman — Yea
Bertino-Tarrant — Yea
Biss — Yea
Bivins — Yea
Bush — Yea
Luechtefeld — Yea
McCann — Yea
McCarter — Yea
McConnaughay — Yea
Mulroe — Yea
Harris — Yea
Bennett — Yea
Muñoz — Yea
Nybo — Yea
McGuire — Yea
Oberweis — Yea
Silverstein — Yea
Steans — Yea
Brady — Yea
Sullivan — Yea
Trotter — Yea
Cullerton, T. — Yea
Cullerton — Yea
Clayborne — Yea
Connelly — Yea
Forby — Yea
Haine — Yea
Hutchinson — Yea
Noland — Yea
Radogno — Yea
Raoul — Yea
Righter — Yea
Van Pelt — Yea
Bill Cunningham Democrat Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Julie A. Morrison Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Yea
Steve Stadelman Democrat Yea
Chapin Rose Republican Yea
Dan McConchie Republican Yea
Dave Syverson Republican Yea
Neil Anderson Republican Yea
Sue Rezin Republican Yea
Travis Weaver Republican Yea

Official roll call →

Third Reading

Passed 111 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 77006
Democrat 28001
Republican 6000
Total 111007
% of votes cast 94%0%0%6%
How each member voted (118)
Member Party Vote
Sandack — Yea
Skoog — Yea
Smiddy — Yea
Sommer — Yea
Acevedo — Yea
Andersson — Yea
Anthony — Yea
Arroyo — Yea
Batinick — Yea
Beiser — Yea
Bellock — Yea
Bourne — Yea
Breen — Yea
Brown — Yea
Butler — Not Voting
McAsey — Yea
Hurley — Yea
Jesiel — Yea
Jimenez — Yea
Lang — Yea
Leitch — Yea
McAuliffe — Yea
McDermed — Yea
McSweeney — Yea
Sente — Yea
Soto — Yea
Stewart — Yea
Tabares — Yea
Thapedi — Yea
Bennett — Yea
Sullivan — Yea
Tryon — Yea
Turner — Yea
Unes — Yea
Verschoore — Yea
Brady — Yea
Mitchell, Bill — Yea
Mitchell, Christian — Yea
Demmer — Yea
Drury — Yea
Dunkin — Yea
Durkin — Yea
Flowers — Yea
Fortner — Yea
Franks — Yea
Frese — Yea
Kay — Yea
Madigan — Yea
Burke, Daniel — Yea
Burke, Kelly — Yea
Moffitt — Yea
Harris, David — Yea
Nekritz — Yea
Harris, Gregory — Yea
Wheeler, Keith — Yea
Williams — Yea
Hernandez — Yea
Phillips — Yea
Wallace — Yea
Wehrli — Yea
Willis — Yea
Winger — Yea
Yingling — Yea
Zalewski — Yea
Jones — Not Voting
Davis, Monique — Not Voting
Bradley — Not Voting
Wheeler, Barbara — Not Voting
Cavaletto — Yea
Cloonen — Yea
Conroy — Yea
Costello — Yea
Currie — Yea
D'Amico — Yea
Hays — Not Voting
Ives — Yea
Jackson — Yea
Phelps — Yea
Pritchard — Yea
Reaves-Harris — Yea
Reis — Yea
Riley — Yea
Chapa LaVia — Yea
Anna Moeller Democrat Yea
Anthony DeLuca Democrat Yea
Camille Y. Lilly Democrat Yea
Carol Ammons Democrat Yea
Elgie R. Sims, Jr. Democrat Yea
Emanuel "Chris" Welch Democrat Yea
Fred Crespo Democrat Yea
Jaime M. Andrade, Jr. Democrat Not Voting
Jay Hoffman Democrat Yea
Jehan Gordon-Booth Democrat Yea
Julie A. Morrison Democrat Yea
Kelly M. Cassidy Democrat Yea
La Shawn K. Ford Democrat Yea
Laura Fine Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Yea
Marcus C. Evans, Jr. Democrat Yea
Martin J. Moylan Democrat Yea
Michelle Mussman Democrat Yea
Natalie A. Manley Democrat Yea
Rita Mayfield Democrat Yea
Robert "Bob" Rita Democrat Yea
Robert F. Martwick Democrat Yea
Robyn Gabel Democrat Yea
Sara Feigenholtz Democrat Yea
Sonya M. Harper Democrat Yea
Stephanie A. Kifowit Democrat Yea
Sue Scherer Democrat Yea
Will Guzzardi Democrat Yea
William "Will" Davis Democrat Yea
Charles Meier Republican Yea
Christopher "C.D." Davidsmeyer Republican Yea
Joe C. Sosnowski Republican Yea
John M. Cabello Republican Yea
Norine K. Hammond Republican Yea
Terri Bryant Republican Yea

Official roll call →

Subjects

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Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 4259 do?
Amends the Illinois Pension Code. In the Illinois Municipal Retirement Fund (IMRF) Article, provides that the definition of "employee" does not include a person who on or after the effective date becomes an employee of the following participating instrumentalities: the Illinois Municipal League; the Illinois Association of Park Districts; the Illinois Supervisors, County Commissioners and Superintendents of Highways Association; the United Counties Council; the Will County Governmental League; or certain other associations and not-for-profit corporations. In the State Universities Article, provides that a person who, on or after the effective date of the amendatory Act, becomes an employee of any association of community college boards organized under a certain provision of the Public Community College Act, the Association of Illinois Middle-Grade Schools, the Illinois Association of School Administrators, the Illinois Association for Supervision and Curriculum Development, the Illinois Principals Association, the Illinois Association of School Business Officials, or the Illinois Special Olympics shall not be deemed an employee under the Article. Provides that an individual that begins employment after the effective date of the amendatory Act with an entity not defined as an employer in the Article shall not be deemed an employee for the purposes of the Article. Provides that in the case of doubt as to whether any person is an employee, as defined in the Article, the decision of the Board of Trustees shall be final. In the Downstate Teacher Article, provides that an employee of a school board association who becomes an employee after the effective date of the amendatory Act is not a teacher for the purposes of the Article.
Who sponsors HB 4259?
HB 4259 is sponsored by Martin J. Moylan (Democrat).
What is the current status of HB 4259?
This bill has been enacted into law. Introduced July 28, 2015. Enacted.
Where can I track HB 4259?
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