(40 ILCS 5/21‑101)(from Ch. 108 1/2, par. 21‑101) Sec. 21‑101. Name of Act. This Article shall be known and may be cited as the "Social Security Enabling Act", and is a continuation of the "Social Security Enabling Act", approved August 6, 1951, as amended. (Source: P.A. 84‑1028.)
(40 ILCS 5/21‑102)(from Ch. 108 1/2, par. 21‑102) Sec. 21‑102. Terms defined. For the purposes of this Article, the terms defined in Sections 21‑102.1 through 21‑102.19 shall have the meanings ascribed to them, except when the context otherwise requires. (Source: P.A. 84‑1472.)
(40 ILCS 5/21‑102.1)(from Ch. 108 1/2, par. 21‑102.1) Sec. 21‑102.1. Social Security Act. "Social Security Act" means the Act of Congress approved August 14, 1935, Chapter 531, 49 Stat. 620, as heretofore or hereafter amended. (Source: P.A. 84‑1028.)
(40 ILCS 5/21‑102.2)(from Ch. 108 1/2, par. 21‑102.2) Sec. 21‑102.2. Federal Insurance Contributions Act. "Federal Insurance Contributions Act" or "FICA" means Subchapters A, B and C of Chapter 21 of the Federal Internal Revenue Code of 1986, as such Code may from time to time be amended. (Source: P.A. 85‑442.)
(40 ILCS 5/21‑102.3)(from Ch. 108 1/2, par. 21‑102.3) Sec. 21‑102.3. State Agency. "State Agency" means the Social Security Division of the State Employees' Retirement System of Illinois. The board of trustees of such system shall serve as the administrative body thereof, but may delegate any of its functions with respect to the administration of such Division to any individual. (Source: P.A. 84‑1028.)
(40 ILCS 5/21‑102.4)(from Ch. 108 1/2, par. 21‑102.4) Sec. 21‑102.4. Secretary. "Secretary" means the Secretary of the Department of Health and Human Services, or any individual to whom the Secretary has delegated any of his functions under the Social Security Act with respect to coverage of employees of States and their political subdivisions. (Source: P.A. 84‑1028.)
(40 ILCS 5/21‑102.5)(from Ch. 108 1/2, par. 21‑102.5) Sec. 21‑102.5. Federal‑State Agreement. "Federal‑State Agreement" means the agreement between the Secretary and the State of Illinois entered into by the State Agency on September 15, 1953, as authorized by the Social Security Enabling Act for the purpose of extending coverage under Title II of the Social Security Act. (Source: P.A. 84‑1028.)
(40 ILCS 5/21‑102.6)(from Ch. 108 1/2, par. 21‑102.6) Sec. 21‑102.6. Modification to the Federal‑State Agreement. "Modification to the Federal‑State Agreement" means an amendment to the Federal‑State Agreement to extend coverage to coverage groups or additional employee classifications consistent with the provisions of Section 218 of the Social Security Act and this Article. (Source: P.A. 84‑1028.)
(40 ILCS 5/21‑102.7)(from Ch. 108 1/2, par. 21‑102.7) Sec. 21‑102.7. Coverage agreement. "Coverage agreement" means an agreement between the State Agency and a coverage group for the purpose of extending social security coverage to the employees of the coverage group. Such agreement shall specify the terms, conditions and scope of coverage. (Source: P.A. 84‑1028.)
(40 ILCS 5/21‑102.8)(from Ch. 108 1/2, par. 21‑102.8) Sec. 21‑102.8. Political subdivision. "Political subdivision" means any of the following: (a) a city, village, township, incorporated town or county, or a school, road, library, park, hospital or other local district with general continuous power to levy taxes on property within such district; (b) an instrumentality created under the laws of the State of Illinois which is legally separate and distinct from the State of Illinois, and which is not an entity included in subdivision (a) of this Section; (c) a noncorporate public entity created and existing under a contract or agreement between 2 or more public agencies as provided for in this Intergovernmental Cooperation Act, or between 2 or more school districts under The School Code, or between 2 or more governmental entities under any other Act authorizing intergovernmental cooperation. (Source: P.A. 84‑1028.)
(40 ILCS 5/21‑102.9)(from Ch. 108 1/2, par. 21‑102.9) Sec. 21‑102.9. Retirement system. "Retirement system" means any annuity, pension or retirement fund or system established by State law or by action of a political subdivision, except those applying to municipal firemen and police. (Source: P.A. 84‑1028.)
(40 ILCS 5/21‑102.10)(from Ch. 108 1/2, par. 21‑102.10) Sec. 21‑102.10. Governing body. "Governing body" means: (a) in cities, the city council; (b) in villages or incorporated towns, the board of trustees; (c) in townships, the town clerk for purposes of receiving petitions, the electors for purposes of the election of social security coverage, and the board of town trustees for all other purposes; (d) in other political subdivisions, the corporate authority, body or officer authorized by law to levy taxes for the maintenance and operation of the political subdivision; (e) in political subdivisions without the authority to levy taxes and in noncorporate public entities, the person or group of persons having ultimate authority to expend funds for the payment of earnings to employees. (Source: P.A. 84‑1028.)
(40 ILCS 5/21‑102.11)(from Ch. 108 1/2, par. 21‑102.11) Sec. 21‑102.11. Absolute coverage group. "Absolute coverage group" means a political subdivision that has not established a retirement system for its employees as of the time the entity enters into a coverage agreement. (Source: P.A. 84‑1028.)
(40 ILCS 5/21‑102.12)(from Ch. 108 1/2, par. 21‑102.12) Sec. 21‑102.12. "Retirement system coverage group" means a grouping of employees who are in positions covered by a public retirement system which has been placed under social security coverage by either Section 218(d)(3) or Section 218(d)(6) of the Social Security Act. (Source: P.A. 84‑1028.)
(40 ILCS 5/21‑102.13)(from Ch. 108 1/2, par. 21‑102.13) Sec. 21‑102.13. Employment. "Employment" means service covered under a coverage agreement pursuant to this Article, which is performed by a person who is employed by the State or a political subdivision, or who holds an elective or appointive office of the State or a political subdivision. (Source: P.A. 84‑1028.)
(40 ILCS 5/21‑102.14)(from Ch. 108 1/2, par. 21‑102.14) Sec. 21‑102.14. Employee. "Employee" means any person engaged in employment. (Source: P.A. 84‑1028.)
(40 ILCS 5/21‑102.15)(from Ch. 108 1/2, par. 21‑102.15) Sec. 21‑102.15. Policeman. "Policeman" means any person who is a member of the police department of a municipality as defined in Section 3‑103 of this Code or of a city subject to Article 5 of this Code, whether paid on a full‑time or part‑time basis, or of a law enforcement organization within a department or agency of the State, and who is by virtue of such public employment vested by law with a primary duty to maintain public order or to make arrests for offenses, whether that duty extends to all offenses or is limited to specific offenses. (Source: P.A. 84‑1028.)
(40 ILCS 5/21‑102.16)(from Ch. 108 1/2, par. 21‑102.16) Sec. 21‑102.16. Fireman. "Fireman" means any member of a regularly constituted fire department of a municipality as defined in Section 4‑103 of this Code, or of a city subject to Article 6 of this Code, whether paid on a full time, part time or per‑call basis; or any member occupying a classified position as a fire fighter in the fire protection service of a State department. (Source: P.A. 84‑1028.)
(40 ILCS 5/21‑102.17)(from Ch. 108 1/2, par. 21‑102.17) Sec. 21‑102.17. Wages. "Wages" means remuneration for employment, including the cash value of remuneration paid in any medium other than cash, but not including that part of such remuneration which would not constitute "wages" within the meaning of the Social Security Act for wages paid prior to January 1, 1987, or the Federal Insurance Contributions Act for wages paid after December 31, 1986. (Source: P.A. 85‑442.)
(40 ILCS 5/21‑102.18)(from Ch. 108 1/2, par. 21‑102.18) Sec. 21‑102.18. Mandatory medicare coverage. "Mandatory medicare coverage" means the mandatory coverage in the Federal Medicare Insurance Program of all State and local governmental personnel who are in positions not covered under the Federal Social Security Insurance Program and who were not performing regular and substantial services prior to April 1, 1986, without regard to whether such State or local government has come under the provisions of this Article with respect to the Federal Social Security Insurance Program. (Source: P.A. 84‑1472.)
(40 ILCS 5/21‑102.19)(from Ch. 108 1/2, par. 21‑102.19) Sec. 21‑102.19. Optional medicare coverage. "Optional medicare coverage" means coverage in the Federal Medicare Insurance Program, by means of a voluntary coverage agreement, of State or local government personnel who are in positions not covered under the Federal Social Security Insurance Program, and who were performing regular and substantial services for such State or local government on March 31, 1986, and who have not terminated such service after March 31, 1986. (Source: P.A. 84‑1472.)
(40 ILCS 5/21‑102.20)(from Ch. 108 1/2, par. 21‑102.20) Sec. 21‑102.20. Mandatory Social Security Coverage. "Mandatory Social Security coverage" means the coverage in the federal Social Security System that is required under Section 210 of the federal Social Security Act for certain State and local government personnel who are not members of a State or local governmental retirement system. (Source: P.A. 87‑11.)
(40 ILCS 5/21‑103)(from Ch. 108 1/2, par. 21‑103) Sec. 21‑103. Political subdivision ‑ election of coverage. (a) Any political subdivision other than a school district and other than a political subdivision which is participating in the Illinois Municipal Retirement Fund under Article 7 of this Code may, by resolution of the governing body (in the case of a township, at an annual town meeting or at a special town meeting called for that purpose), or by referendum, elect to have its employees covered by the Social Security Act. Whenever a petition requesting Social Security coverage for employees, signed by not less than 5% of the legal voters of the political subdivision, is presented to the governing body, such governing body shall cause such proposition to be certified to the proper election officials who shall submit the proposition to the voters at the next appropriate election in accordance with the general election law, or in the case of a township at the next annual town meeting if the petition is received more than 15 and less than 60 days before the annual town meeting, or else at a special town meeting called for that purpose. In the territory of the political subdivision every elector may vote upon the proposition stated in the petition. Such proposition shall be in substantially the following form: ‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑ Shall....(political subdivision) enter into a coverage agreement with the Social Security Division of YES the State Employees' Retirement ‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑ System for extension of Federal Social NO Security coverage to employees of....(political subdivision)? ‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑ If a majority of all of the votes cast upon the proposition is in favor thereof, or if the governing body has adopted a resolution or ordinance providing for coverage of its employees, the governing body shall execute the coverage agreement provided by the State Agency and submit such coverage agreement to the State Agency for approval. The coverage agreement shall be approved by the State Agency if it meets the requirements of subsection (b). (b) Each coverage agreement of a political subdivision and any amendment thereof shall be approved by the State Agency if it finds that such coverage agreement, or such coverage agreement as amended, is in conformity with such requirements as are provided in the regulations of the State Agency, except that no such coverage agreement shall be approved unless: (1) it is in conformity with the requirements of the
Social Security Act and with the Federal‑State Agreement entered into under this Article;
(2) it provides that all services which constitute
employment and are performed in the employ of the political subdivision by any employees thereof shall be covered by the coverage agreement, except that such agreement may, if the political subdivision so requests, exclude all services in one or more classes of elective positions, or positions the compensation for which is on a fee basis;
(3) it provides for such methods of administration
of the coverage agreement by the political subdivision as are found by the State Agency to be necessary for the proper and efficient administration of the coverage agreement; and
(4) it provides for an effective date of coverage
not earlier than the first day of the fifth calendar year preceding the year in which the resulting modification of the Federal‑State Agreement is agreed to by the Secretary and the State.
(c) In addition to the requirements in subsection (b), no coverage agreement which provides for an effective date of coverage prior to January 1, 1987 shall be approved unless: (1) it specifies the sources from which the funds
required of it by this Article are expected to be derived, and contains reasonable assurance that such sources will be adequate for such purpose;
(2) it contains a promise to deliver the proper
funds to the State Agency on or before the date requested by the State Agency;
(3) it specifies some officer to act as custodian of
all funds collected and to be responsible to the State Agency for the delivery of such funds;
(4) it provides that the political subdivision shall
pay contributions on covered wages at such times as the State Agency may by regulations prescribe, in the amounts and at the rates provided by this Article; and
(5) it provides that the political subdivision will
make such reports as the State Agency may from time to time require, and comply with such provisions as the State Agency or the Secretary may from time to time find necessary.
(Source: P.A. 90‑448, eff. 8‑16‑97.)
(40 ILCS 5/21‑104)(from Ch. 108 1/2, par. 21‑104) Sec. 21‑104. Noncorporate public entities ‑ election of coverage. Any noncorporate public entity may by resolution of its governing body elect to have its employees covered by the Social Security Act in the same manner and subject to the same conditions as are set forth in Sections 21‑103 and 21‑105, but subject to the following additional conditions: (a) that the agreement by which the entity was created or an amendment to that agreement authorizes the entity to provide for the extension of Social Security benefits to its employees; and (b) that Social Security contributions due on wages covered under the agreement paid prior to January 1, 1987 and wage reports required for calendar years prior to 1987 are submitted to the State Agency along with the coverage agreement executed by the entity. (Source: P.A. 85‑442.)
(40 ILCS 5/21‑105)(from Ch. 108 1/2, par. 21‑105) Sec. 21‑105. Retirement systems ‑ election of coverage. A referendum on the question of coverage under the Social Security Act may be authorized by the Governor with respect to any retirement system, or by the board of trustees of such system, or by the governing body of any political subdivision which has established a retirement system, except for a retirement system established under Article 3, 4, 5 or 6 of this Code. Such a referendum shall also be held upon petition signed by at least 10% of the members of any retirement system except for a retirement system established under Article 3, 4, 5 or 6 of this Code. Such petition shall be examined and checked by the governing body or board of trustees of the retirement system, and such board or body shall certify that each signer of the petition is an eligible member qualified to vote in such referendum, and that the names of all ineligible individuals have been stricken. Prior to a referendum on that question and to the notice of the referendum required by either Section 218(d)(3) or 218(d)(7) of the Social Security Act, a plan of coverage shall be formulated by the governing body of each retirement system or Board of Trustees, as the case may be, whose members are to participate in the referendum for the coordination of the retirement system with the social security insurance provisions of Title II of the Social Security Act. Where a retirement system is governed by an Act of the State of Illinois, such plan of coverage shall be presented to the General Assembly for enactment by amendment to such Act. The ballot to be used in the referendum shall contain a clear description of the plan of coverage, which description may take the form of a summary statement setting forth the changes or revisions, if any, to be made in the benefit and contribution provisions of the retirement system, and the obligations to be imposed upon the members of the system if the plan of coverage is approved in the referendum and their positions are included under an agreement pursuant to the provisions of this Article. The referendum shall be subject to the following conditions: (a) Only eligible employees as defined in Section 218(d)(3) of the Social Security Act shall be permitted to vote. (b) Should such referendum under Section 218(d)(3) fail to obtain approval, any subsequent referendum among members of the retirement sys
(40 ILCS 5/21‑101)(from Ch. 108 1/2, par. 21‑101) Sec. 21‑101. Name of Act. This Article shall be known and may be cited as the "Social Security Enabling Act", and is a continuation of the "Social Security Enabling Act", approved August 6, 1951, as amended. (Source: P.A. 84‑1028.)
(40 ILCS 5/21‑102)(from Ch. 108 1/2, par. 21‑102) Sec. 21‑102. Terms defined. For the purposes of this Article, the terms defined in Sections 21‑102.1 through 21‑102.19 shall have the meanings ascribed to them, except when the context otherwise requires. (Source: P.A. 84‑1472.)
(40 ILCS 5/21‑102.1)(from Ch. 108 1/2, par. 21‑102.1) Sec. 21‑102.1. Social Security Act. "Social Security Act" means the Act of Congress approved August 14, 1935, Chapter 531, 49 Stat. 620, as heretofore or hereafter amended. (Source: P.A. 84‑1028.)
(40 ILCS 5/21‑102.2)(from Ch. 108 1/2, par. 21‑102.2) Sec. 21‑102.2. Federal Insurance Contributions Act. "Federal Insurance Contributions Act" or "FICA" means Subchapters A, B and C of Chapter 21 of the Federal Internal Revenue Code of 1986, as such Code may from time to time be amended. (Source: P.A. 85‑442.)
(40 ILCS 5/21‑102.3)(from Ch. 108 1/2, par. 21‑102.3) Sec. 21‑102.3. State Agency. "State Agency" means the Social Security Division of the State Employees' Retirement System of Illinois. The board of trustees of such system shall serve as the administrative body thereof, but may delegate any of its functions with respect to the administration of such Division to any individual. (Source: P.A. 84‑1028.)
(40 ILCS 5/21‑102.4)(from Ch. 108 1/2, par. 21‑102.4) Sec. 21‑102.4. Secretary. "Secretary" means the Secretary of the Department of Health and Human Services, or any individual to whom the Secretary has delegated any of his functions under the Social Security Act with respect to coverage of employees of States and their political subdivisions. (Source: P.A. 84‑1028.)
(40 ILCS 5/21‑102.5)(from Ch. 108 1/2, par. 21‑102.5) Sec. 21‑102.5. Federal‑State Agreement. "Federal‑State Agreement" means the agreement between the Secretary and the State of Illinois entered into by the State Agency on September 15, 1953, as authorized by the Social Security Enabling Act for the purpose of extending coverage under Title II of the Social Security Act. (Source: P.A. 84‑1028.)
(40 ILCS 5/21‑102.6)(from Ch. 108 1/2, par. 21‑102.6) Sec. 21‑102.6. Modification to the Federal‑State Agreement. "Modification to the Federal‑State Agreement" means an amendment to the Federal‑State Agreement to extend coverage to coverage groups or additional employee classifications consistent with the provisions of Section 218 of the Social Security Act and this Article. (Source: P.A. 84‑1028.)
(40 ILCS 5/21‑102.7)(from Ch. 108 1/2, par. 21‑102.7) Sec. 21‑102.7. Coverage agreement. "Coverage agreement" means an agreement between the State Agency and a coverage group for the purpose of extending social security coverage to the employees of the coverage group. Such agreement shall specify the terms, conditions and scope of coverage. (Source: P.A. 84‑1028.)
(40 ILCS 5/21‑102.8)(from Ch. 108 1/2, par. 21‑102.8) Sec. 21‑102.8. Political subdivision. "Political subdivision" means any of the following: (a) a city, village, township, incorporated town or county, or a school, road, library, park, hospital or other local district with general continuous power to levy taxes on property within such district; (b) an instrumentality created under the laws of the State of Illinois which is legally separate and distinct from the State of Illinois, and which is not an entity included in subdivision (a) of this Section; (c) a noncorporate public entity created and existing under a contract or agreement between 2 or more public agencies as provided for in this Intergovernmental Cooperation Act, or between 2 or more school districts under The School Code, or between 2 or more governmental entities under any other Act authorizing intergovernmental cooperation. (Source: P.A. 84‑1028.)
(40 ILCS 5/21‑102.9)(from Ch. 108 1/2, par. 21‑102.9) Sec. 21‑102.9. Retirement system. "Retirement system" means any annuity, pension or retirement fund or system established by State law or by action of a political subdivision, except those applying to municipal firemen and police. (Source: P.A. 84‑1028.)
(40 ILCS 5/21‑102.10)(from Ch. 108 1/2, par. 21‑102.10) Sec. 21‑102.10. Governing body. "Governing body" means: (a) in cities, the city council; (b) in villages or incorporated towns, the board of trustees; (c) in townships, the town clerk for purposes of receiving petitions, the electors for purposes of the election of social security coverage, and the board of town trustees for all other purposes; (d) in other political subdivisions, the corporate authority, body or officer authorized by law to levy taxes for the maintenance and operation of the political subdivision; (e) in political subdivisions without the authority to levy taxes and in noncorporate public entities, the person or group of persons having ultimate authority to expend funds for the payment of earnings to employees. (Source: P.A. 84‑1028.)
(40 ILCS 5/21‑102.11)(from Ch. 108 1/2, par. 21‑102.11) Sec. 21‑102.11. Absolute coverage group. "Absolute coverage group" means a political subdivision that has not established a retirement system for its employees as of the time the entity enters into a coverage agreement. (Source: P.A. 84‑1028.)
(40 ILCS 5/21‑102.12)(from Ch. 108 1/2, par. 21‑102.12) Sec. 21‑102.12. "Retirement system coverage group" means a grouping of employees who are in positions covered by a public retirement system which has been placed under social security coverage by either Section 218(d)(3) or Section 218(d)(6) of the Social Security Act. (Source: P.A. 84‑1028.)
(40 ILCS 5/21‑102.13)(from Ch. 108 1/2, par. 21‑102.13) Sec. 21‑102.13. Employment. "Employment" means service covered under a coverage agreement pursuant to this Article, which is performed by a person who is employed by the State or a political subdivision, or who holds an elective or appointive office of the State or a political subdivision. (Source: P.A. 84‑1028.)
(40 ILCS 5/21‑102.14)(from Ch. 108 1/2, par. 21‑102.14) Sec. 21‑102.14. Employee. "Employee" means any person engaged in employment. (Source: P.A. 84‑1028.)
(40 ILCS 5/21‑102.15)(from Ch. 108 1/2, par. 21‑102.15) Sec. 21‑102.15. Policeman. "Policeman" means any person who is a member of the police department of a municipality as defined in Section 3‑103 of this Code or of a city subject to Article 5 of this Code, whether paid on a full‑time or part‑time basis, or of a law enforcement organization within a department or agency of the State, and who is by virtue of such public employment vested by law with a primary duty to maintain public order or to make arrests for offenses, whether that duty extends to all offenses or is limited to specific offenses. (Source: P.A. 84‑1028.)
(40 ILCS 5/21‑102.16)(from Ch. 108 1/2, par. 21‑102.16) Sec. 21‑102.16. Fireman. "Fireman" means any member of a regularly constituted fire department of a municipality as defined in Section 4‑103 of this Code, or of a city subject to Article 6 of this Code, whether paid on a full time, part time or per‑call basis; or any member occupying a classified position as a fire fighter in the fire protection service of a State department. (Source: P.A. 84‑1028.)
(40 ILCS 5/21‑102.17)(from Ch. 108 1/2, par. 21‑102.17) Sec. 21‑102.17. Wages. "Wages" means remuneration for employment, including the cash value of remuneration paid in any medium other than cash, but not including that part of such remuneration which would not constitute "wages" within the meaning of the Social Security Act for wages paid prior to January 1, 1987, or the Federal Insurance Contributions Act for wages paid after December 31, 1986. (Source: P.A. 85‑442.)
(40 ILCS 5/21‑102.18)(from Ch. 108 1/2, par. 21‑102.18) Sec. 21‑102.18. Mandatory medicare coverage. "Mandatory medicare coverage" means the mandatory coverage in the Federal Medicare Insurance Program of all State and local governmental personnel who are in positions not covered under the Federal Social Security Insurance Program and who were not performing regular and substantial services prior to April 1, 1986, without regard to whether such State or local government has come under the provisions of this Article with respect to the Federal Social Security Insurance Program. (Source: P.A. 84‑1472.)
(40 ILCS 5/21‑102.19)(from Ch. 108 1/2, par. 21‑102.19) Sec. 21‑102.19. Optional medicare coverage. "Optional medicare coverage" means coverage in the Federal Medicare Insurance Program, by means of a voluntary coverage agreement, of State or local government personnel who are in positions not covered under the Federal Social Security Insurance Program, and who were performing regular and substantial services for such State or local government on March 31, 1986, and who have not terminated such service after March 31, 1986. (Source: P.A. 84‑1472.)
(40 ILCS 5/21‑102.20)(from Ch. 108 1/2, par. 21‑102.20) Sec. 21‑102.20. Mandatory Social Security Coverage. "Mandatory Social Security coverage" means the coverage in the federal Social Security System that is required under Section 210 of the federal Social Security Act for certain State and local government personnel who are not members of a State or local governmental retirement system. (Source: P.A. 87‑11.)
(40 ILCS 5/21‑103)(from Ch. 108 1/2, par. 21‑103) Sec. 21‑103. Political subdivision ‑ election of coverage. (a) Any political subdivision other than a school district and other than a political subdivision which is participating in the Illinois Municipal Retirement Fund under Article 7 of this Code may, by resolution of the governing body (in the case of a township, at an annual town meeting or at a special town meeting called for that purpose), or by referendum, elect to have its employees covered by the Social Security Act. Whenever a petition requesting Social Security coverage for employees, signed by not less than 5% of the legal voters of the political subdivision, is presented to the governing body, such governing body shall cause such proposition to be certified to the proper election officials who shall submit the proposition to the voters at the next appropriate election in accordance with the general election law, or in the case of a township at the next annual town meeting if the petition is received more than 15 and less than 60 days before the annual town meeting, or else at a special town meeting called for that purpose. In the territory of the political subdivision every elector may vote upon the proposition stated in the petition. Such proposition shall be in substantially the following form: ‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑ Shall....(political subdivision) enter into a coverage agreement with the Social Security Division of YES the State Employees' Retirement ‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑ System for extension of Federal Social NO Security coverage to employees of....(political subdivision)? ‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑ If a majority of all of the votes cast upon the proposition is in favor thereof, or if the governing body has adopted a resolution or ordinance providing for coverage of its employees, the governing body shall execute the coverage agreement provided by the State Agency and submit such coverage agreement to the State Agency for approval. The coverage agreement shall be approved by the State Agency if it meets the requirements of subsection (b). (b) Each coverage agreement of a political subdivision and any amendment thereof shall be approved by the State Agency if it finds that such coverage agreement, or such coverage agreement as amended, is in conformity with such requirements as are provided in the regulations of the State Agency, except that no such coverage agreement shall be approved unless: (1) it is in conformity with the requirements of the
Social Security Act and with the Federal‑State Agreement entered into under this Article;
(2) it provides that all services which constitute
employment and are performed in the employ of the political subdivision by any employees thereof shall be covered by the coverage agreement, except that such agreement may, if the political subdivision so requests, exclude all services in one or more classes of elective positions, or positions the compensation for which is on a fee basis;
(3) it provides for such methods of administration
of the coverage agreement by the political subdivision as are found by the State Agency to be necessary for the proper and efficient administration of the coverage agreement; and
(4) it provides for an effective date of coverage
not earlier than the first day of the fifth calendar year preceding the year in which the resulting modification of the Federal‑State Agreement is agreed to by the Secretary and the State.
(c) In addition to the requirements in subsection (b), no coverage agreement which provides for an effective date of coverage prior to January 1, 1987 shall be approved unless: (1) it specifies the sources from which the funds
required of it by this Article are expected to be derived, and contains reasonable assurance that such sources will be adequate for such purpose;
(2) it contains a promise to deliver the proper
funds to the State Agency on or before the date requested by the State Agency;
(3) it specifies some officer to act as custodian of
all funds collected and to be responsible to the State Agency for the delivery of such funds;
(4) it provides that the political subdivision shall
pay contributions on covered wages at such times as the State Agency may by regulations prescribe, in the amounts and at the rates provided by this Article; and
(5) it provides that the political subdivision will
make such reports as the State Agency may from time to time require, and comply with such provisions as the State Agency or the Secretary may from time to time find necessary.
(Source: P.A. 90‑448, eff. 8‑16‑97.)
(40 ILCS 5/21‑104)(from Ch. 108 1/2, par. 21‑104) Sec. 21‑104. Noncorporate public entities ‑ election of coverage. Any noncorporate public entity may by resolution of its governing body elect to have its employees covered by the Social Security Act in the same manner and subject to the same conditions as are set forth in Sections 21‑103 and 21‑105, but subject to the following additional conditions: (a) that the agreement by which the entity was created or an amendment to that agreement authorizes the entity to provide for the extension of Social Security benefits to its employees; and (b) that Social Security contributions due on wages covered under the agreement paid prior to January 1, 1987 and wage reports required for calendar years prior to 1987 are submitted to the State Agency along with the coverage agreement executed by the entity. (Source: P.A. 85‑442.)
(40 ILCS 5/21‑105)(from Ch. 108 1/2, par. 21‑105) Sec. 21‑105. Retirement systems ‑ election of coverage. A referendum on the question of coverage under the Social Security Act may be authorized by the Governor with respect to any retirement system, or by the board of trustees of such system, or by the governing body of any political subdivision which has established a retirement system, except for a retirement system established under Article 3, 4, 5 or 6 of this Code. Such a referendum shall also be held upon petition signed by at least 10% of the members of any retirement system except for a retirement system established under Article 3, 4, 5 or 6 of this Code. Such petition shall be examined and checked by the governing body or board of trustees of the retirement system, and such board or body shall certify that each signer of the petition is an eligible member qualified to vote in such referendum, and that the names of all ineligible individuals have been stricken. Prior to a referendum on that question and to the notice of the referendum required by either Section 218(d)(3) or 218(d)(7) of the Social Security Act, a plan of coverage shall be formulated by the governing body of each retirement system or Board of Trustees, as the case may be, whose members are to participate in the referendum for the coordination of the retirement system with the social security insurance provisions of Title II of the Social Security Act. Where a retirement system is governed by an Act of the State of Illinois, such plan of coverage shall be presented to the General Assembly for enactment by amendment to such Act. The ballot to be used in the referendum shall contain a clear description of the plan of coverage, which description may take the form of a summary statement setting forth the changes or revisions, if any, to be made in the benefit and contribution provisions of the retirement system, and the obligations to be imposed upon the members of the system if the plan of coverage is approved in the referendum and their positions are included under an agreement pursuant to the provisions of this Article. The referendum shall be subject to the following conditions: (a) Only eligible employees as defined in Section 218(d)(3) of the Social Security Act shall be permitted to vote. (b) Should such referendum under Section 218(d)(3) fail to obtain approval, any subsequent referendum among members of the retirement sys
(40 ILCS 5/21‑101)(from Ch. 108 1/2, par. 21‑101) Sec. 21‑101. Name of Act. This Article shall be known and may be cited as the "Social Security Enabling Act", and is a continuation of the "Social Security Enabling Act", approved August 6, 1951, as amended. (Source: P.A. 84‑1028.)
(40 ILCS 5/21‑102)(from Ch. 108 1/2, par. 21‑102) Sec. 21‑102. Terms defined. For the purposes of this Article, the terms defined in Sections 21‑102.1 through 21‑102.19 shall have the meanings ascribed to them, except when the context otherwise requires. (Source: P.A. 84‑1472.)
(40 ILCS 5/21‑102.1)(from Ch. 108 1/2, par. 21‑102.1) Sec. 21‑102.1. Social Security Act. "Social Security Act" means the Act of Congress approved August 14, 1935, Chapter 531, 49 Stat. 620, as heretofore or hereafter amended. (Source: P.A. 84‑1028.)
(40 ILCS 5/21‑102.2)(from Ch. 108 1/2, par. 21‑102.2) Sec. 21‑102.2. Federal Insurance Contributions Act. "Federal Insurance Contributions Act" or "FICA" means Subchapters A, B and C of Chapter 21 of the Federal Internal Revenue Code of 1986, as such Code may from time to time be amended. (Source: P.A. 85‑442.)
(40 ILCS 5/21‑102.3)(from Ch. 108 1/2, par. 21‑102.3) Sec. 21‑102.3. State Agency. "State Agency" means the Social Security Division of the State Employees' Retirement System of Illinois. The board of trustees of such system shall serve as the administrative body thereof, but may delegate any of its functions with respect to the administration of such Division to any individual. (Source: P.A. 84‑1028.)
(40 ILCS 5/21‑102.4)(from Ch. 108 1/2, par. 21‑102.4) Sec. 21‑102.4. Secretary. "Secretary" means the Secretary of the Department of Health and Human Services, or any individual to whom the Secretary has delegated any of his functions under the Social Security Act with respect to coverage of employees of States and their political subdivisions. (Source: P.A. 84‑1028.)
(40 ILCS 5/21‑102.5)(from Ch. 108 1/2, par. 21‑102.5) Sec. 21‑102.5. Federal‑State Agreement. "Federal‑State Agreement" means the agreement between the Secretary and the State of Illinois entered into by the State Agency on September 15, 1953, as authorized by the Social Security Enabling Act for the purpose of extending coverage under Title II of the Social Security Act. (Source: P.A. 84‑1028.)
(40 ILCS 5/21‑102.6)(from Ch. 108 1/2, par. 21‑102.6) Sec. 21‑102.6. Modification to the Federal‑State Agreement. "Modification to the Federal‑State Agreement" means an amendment to the Federal‑State Agreement to extend coverage to coverage groups or additional employee classifications consistent with the provisions of Section 218 of the Social Security Act and this Article. (Source: P.A. 84‑1028.)
(40 ILCS 5/21‑102.7)(from Ch. 108 1/2, par. 21‑102.7) Sec. 21‑102.7. Coverage agreement. "Coverage agreement" means an agreement between the State Agency and a coverage group for the purpose of extending social security coverage to the employees of the coverage group. Such agreement shall specify the terms, conditions and scope of coverage. (Source: P.A. 84‑1028.)
(40 ILCS 5/21‑102.8)(from Ch. 108 1/2, par. 21‑102.8) Sec. 21‑102.8. Political subdivision. "Political subdivision" means any of the following: (a) a city, village, township, incorporated town or county, or a school, road, library, park, hospital or other local district with general continuous power to levy taxes on property within such district; (b) an instrumentality created under the laws of the State of Illinois which is legally separate and distinct from the State of Illinois, and which is not an entity included in subdivision (a) of this Section; (c) a noncorporate public entity created and existing under a contract or agreement between 2 or more public agencies as provided for in this Intergovernmental Cooperation Act, or between 2 or more school districts under The School Code, or between 2 or more governmental entities under any other Act authorizing intergovernmental cooperation. (Source: P.A. 84‑1028.)
(40 ILCS 5/21‑102.9)(from Ch. 108 1/2, par. 21‑102.9) Sec. 21‑102.9. Retirement system. "Retirement system" means any annuity, pension or retirement fund or system established by State law or by action of a political subdivision, except those applying to municipal firemen and police. (Source: P.A. 84‑1028.)
(40 ILCS 5/21‑102.10)(from Ch. 108 1/2, par. 21‑102.10) Sec. 21‑102.10. Governing body. "Governing body" means: (a) in cities, the city council; (b) in villages or incorporated towns, the board of trustees; (c) in townships, the town clerk for purposes of receiving petitions, the electors for purposes of the election of social security coverage, and the board of town trustees for all other purposes; (d) in other political subdivisions, the corporate authority, body or officer authorized by law to levy taxes for the maintenance and operation of the political subdivision; (e) in political subdivisions without the authority to levy taxes and in noncorporate public entities, the person or group of persons having ultimate authority to expend funds for the payment of earnings to employees. (Source: P.A. 84‑1028.)
(40 ILCS 5/21‑102.11)(from Ch. 108 1/2, par. 21‑102.11) Sec. 21‑102.11. Absolute coverage group. "Absolute coverage group" means a political subdivision that has not established a retirement system for its employees as of the time the entity enters into a coverage agreement. (Source: P.A. 84‑1028.)
(40 ILCS 5/21‑102.12)(from Ch. 108 1/2, par. 21‑102.12) Sec. 21‑102.12. "Retirement system coverage group" means a grouping of employees who are in positions covered by a public retirement system which has been placed under social security coverage by either Section 218(d)(3) or Section 218(d)(6) of the Social Security Act. (Source: P.A. 84‑1028.)
(40 ILCS 5/21‑102.13)(from Ch. 108 1/2, par. 21‑102.13) Sec. 21‑102.13. Employment. "Employment" means service covered under a coverage agreement pursuant to this Article, which is performed by a person who is employed by the State or a political subdivision, or who holds an elective or appointive office of the State or a political subdivision. (Source: P.A. 84‑1028.)
(40 ILCS 5/21‑102.14)(from Ch. 108 1/2, par. 21‑102.14) Sec. 21‑102.14. Employee. "Employee" means any person engaged in employment. (Source: P.A. 84‑1028.)
(40 ILCS 5/21‑102.15)(from Ch. 108 1/2, par. 21‑102.15) Sec. 21‑102.15. Policeman. "Policeman" means any person who is a member of the police department of a municipality as defined in Section 3‑103 of this Code or of a city subject to Article 5 of this Code, whether paid on a full‑time or part‑time basis, or of a law enforcement organization within a department or agency of the State, and who is by virtue of such public employment vested by law with a primary duty to maintain public order or to make arrests for offenses, whether that duty extends to all offenses or is limited to specific offenses. (Source: P.A. 84‑1028.)
(40 ILCS 5/21‑102.16)(from Ch. 108 1/2, par. 21‑102.16) Sec. 21‑102.16. Fireman. "Fireman" means any member of a regularly constituted fire department of a municipality as defined in Section 4‑103 of this Code, or of a city subject to Article 6 of this Code, whether paid on a full time, part time or per‑call basis; or any member occupying a classified position as a fire fighter in the fire protection service of a State department. (Source: P.A. 84‑1028.)
(40 ILCS 5/21‑102.17)(from Ch. 108 1/2, par. 21‑102.17) Sec. 21‑102.17. Wages. "Wages" means remuneration for employment, including the cash value of remuneration paid in any medium other than cash, but not including that part of such remuneration which would not constitute "wages" within the meaning of the Social Security Act for wages paid prior to January 1, 1987, or the Federal Insurance Contributions Act for wages paid after December 31, 1986. (Source: P.A. 85‑442.)
(40 ILCS 5/21‑102.18)(from Ch. 108 1/2, par. 21‑102.18) Sec. 21‑102.18. Mandatory medicare coverage. "Mandatory medicare coverage" means the mandatory coverage in the Federal Medicare Insurance Program of all State and local governmental personnel who are in positions not covered under the Federal Social Security Insurance Program and who were not performing regular and substantial services prior to April 1, 1986, without regard to whether such State or local government has come under the provisions of this Article with respect to the Federal Social Security Insurance Program. (Source: P.A. 84‑1472.)
(40 ILCS 5/21‑102.19)(from Ch. 108 1/2, par. 21‑102.19) Sec. 21‑102.19. Optional medicare coverage. "Optional medicare coverage" means coverage in the Federal Medicare Insurance Program, by means of a voluntary coverage agreement, of State or local government personnel who are in positions not covered under the Federal Social Security Insurance Program, and who were performing regular and substantial services for such State or local government on March 31, 1986, and who have not terminated such service after March 31, 1986. (Source: P.A. 84‑1472.)
(40 ILCS 5/21‑102.20)(from Ch. 108 1/2, par. 21‑102.20) Sec. 21‑102.20. Mandatory Social Security Coverage. "Mandatory Social Security coverage" means the coverage in the federal Social Security System that is required under Section 210 of the federal Social Security Act for certain State and local government personnel who are not members of a State or local governmental retirement system. (Source: P.A. 87‑11.)
(40 ILCS 5/21‑103)(from Ch. 108 1/2, par. 21‑103) Sec. 21‑103. Political subdivision ‑ election of coverage. (a) Any political subdivision other than a school district and other than a political subdivision which is participating in the Illinois Municipal Retirement Fund under Article 7 of this Code may, by resolution of the governing body (in the case of a township, at an annual town meeting or at a special town meeting called for that purpose), or by referendum, elect to have its employees covered by the Social Security Act. Whenever a petition requesting Social Security coverage for employees, signed by not less than 5% of the legal voters of the political subdivision, is presented to the governing body, such governing body shall cause such proposition to be certified to the proper election officials who shall submit the proposition to the voters at the next appropriate election in accordance with the general election law, or in the case of a township at the next annual town meeting if the petition is received more than 15 and less than 60 days before the annual town meeting, or else at a special town meeting called for that purpose. In the territory of the political subdivision every elector may vote upon the proposition stated in the petition. Such proposition shall be in substantially the following form: ‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑ Shall....(political subdivision) enter into a coverage agreement with the Social Security Division of YES the State Employees' Retirement ‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑ System for extension of Federal Social NO Security coverage to employees of....(political subdivision)? ‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑ If a majority of all of the votes cast upon the proposition is in favor thereof, or if the governing body has adopted a resolution or ordinance providing for coverage of its employees, the governing body shall execute the coverage agreement provided by the State Agency and submit such coverage agreement to the State Agency for approval. The coverage agreement shall be approved by the State Agency if it meets the requirements of subsection (b). (b) Each coverage agreement of a political subdivision and any amendment thereof shall be approved by the State Agency if it finds that such coverage agreement, or such coverage agreement as amended, is in conformity with such requirements as are provided in the regulations of the State Agency, except that no such coverage agreement shall be approved unless: (1) it is in conformity with the requirements of the
Social Security Act and with the Federal‑State Agreement entered into under this Article;
(2) it provides that all services which constitute
employment and are performed in the employ of the political subdivision by any employees thereof shall be covered by the coverage agreement, except that such agreement may, if the political subdivision so requests, exclude all services in one or more classes of elective positions, or positions the compensation for which is on a fee basis;
(3) it provides for such methods of administration
of the coverage agreement by the political subdivision as are found by the State Agency to be necessary for the proper and efficient administration of the coverage agreement; and
(4) it provides for an effective date of coverage
not earlier than the first day of the fifth calendar year preceding the year in which the resulting modification of the Federal‑State Agreement is agreed to by the Secretary and the State.
(c) In addition to the requirements in subsection (b), no coverage agreement which provides for an effective date of coverage prior to January 1, 1987 shall be approved unless: (1) it specifies the sources from which the funds
required of it by this Article are expected to be derived, and contains reasonable assurance that such sources will be adequate for such purpose;
(2) it contains a promise to deliver the proper
funds to the State Agency on or before the date requested by the State Agency;
(3) it specifies some officer to act as custodian of
all funds collected and to be responsible to the State Agency for the delivery of such funds;
(4) it provides that the political subdivision shall
pay contributions on covered wages at such times as the State Agency may by regulations prescribe, in the amounts and at the rates provided by this Article; and
(5) it provides that the political subdivision will
make such reports as the State Agency may from time to time require, and comply with such provisions as the State Agency or the Secretary may from time to time find necessary.
(Source: P.A. 90‑448, eff. 8‑16‑97.)
(40 ILCS 5/21‑104)(from Ch. 108 1/2, par. 21‑104) Sec. 21‑104. Noncorporate public entities ‑ election of coverage. Any noncorporate public entity may by resolution of its governing body elect to have its employees covered by the Social Security Act in the same manner and subject to the same conditions as are set forth in Sections 21‑103 and 21‑105, but subject to the following additional conditions: (a) that the agreement by which the entity was created or an amendment to that agreement authorizes the entity to provide for the extension of Social Security benefits to its employees; and (b) that Social Security contributions due on wages covered under the agreement paid prior to January 1, 1987 and wage reports required for calendar years prior to 1987 are submitted to the State Agency along with the coverage agreement executed by the entity. (Source: P.A. 85‑442.)
(40 ILCS 5/21‑105)(from Ch. 108 1/2, par. 21‑105) Sec. 21‑105. Retirement systems ‑ election of coverage. A referendum on the question of coverage under the Social Security Act may be authorized by the Governor with respect to any retirement system, or by the board of trustees of such system, or by the governing body of any political subdivision which has established a retirement system, except for a retirement system established under Article 3, 4, 5 or 6 of this Code. Such a referendum shall also be held upon petition signed by at least 10% of the members of any retirement system except for a retirement system established under Article 3, 4, 5 or 6 of this Code. Such petition shall be examined and checked by the governing body or board of trustees of the retirement system, and such board or body shall certify that each signer of the petition is an eligible member qualified to vote in such referendum, and that the names of all ineligible individuals have been stricken. Prior to a referendum on that question and to the notice of the referendum required by either Section 218(d)(3) or 218(d)(7) of the Social Security Act, a plan of coverage shall be formulated by the governing body of each retirement system or Board of Trustees, as the case may be, whose members are to participate in the referendum for the coordination of the retirement system with the social security insurance provisions of Title II of the Social Security Act. Where a retirement system is governed by an Act of the State of Illinois, such plan of coverage shall be presented to the General Assembly for enactment by amendment to such Act. The ballot to be used in the referendum shall contain a clear description of the plan of coverage, which description may take the form of a summary statement setting forth the changes or revisions, if any, to be made in the benefit and contribution provisions of the retirement system, and the obligations to be imposed upon the members of the system if the plan of coverage is approved in the referendum and their positions are included under an agreement pursuant to the provisions of this Article. The referendum shall be subject to the following conditions: (a) Only eligible employees as defined in Section 218(d)(3) of the Social Security Act shall be permitted to vote. (b) Should such referendum under Section 218(d)(3) fail to obtain approval, any subsequent referendum among members of the retirement sys
