HomeMy WebLinkAboutResolutions - R-76-12 - 11/01/1976 - Police Double Deductions to Pension 11 -1-1(p
RESOLUTION
T I N
WHEREAS, by modification of an Agreement entered into between
the State of Illinois and the Secretary of Health, Education and
Welfare, pursuant to Section 218 of the Social Security Act,
42 USC 418, Social Security coverage was extended to the services
of all employees of the City of McHenry (with certain exceptions
not here relevant), effective January 1, 1951; and
WHEREAS, included in the aforesaid coverage group were the
positions of police officers of the city, who, at said time, were
not covered by any other retirement system; and
WHEREAS, upon the population of the city of McHenry rising
above 5,000 in 1967, in accordance with Illinois law, the city
adopted and became a participant in the Police Pension Fund, thereby
making said police officers of the city of McHenry participants in
two retirement systems, the effect of which was and is to require that
the city of McHenry cause to be deducted from each and every paycheck
of all such police officers the amounts required under law to be paid
into each such retirement system, which amounts currently total 14.35
percent of each and every paycheck of each police officer up to $15,300
annual compensation and 8.5 percent on all amounts of annual compensation
in excess of $15,300; and
WHEREAS, the Illinois General Assembly in 1967 passed and the
Governor of Illinois signed a bill amending Section 21-112 of the
Illinois Social Security Enabling Act surporting to terminate auto-
matically the Social Security coverage under the aforesaid State and
Federal agreement of police officers and fire fighters of a municipality
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who had Social Security coverage prior to the municipality's participation
in the Police Pension Fund, Firemen's Pension Fund, respectively,
which amendment was designed to freee McHenry police officers and all
police officers similarly situated from the dual coverage above des-
cribed; and
WHEREAS, both State and Federal officials have refused to recognize
and give effect to the aforesaid State law on the grounds that coverage
of the said police officers and fire fighters could not be terminated in
violation of the federal enabling law authorizing the said State of
Illinois/Secretary of Health, Education and Welfare agreement; and
WHEREAS, the effect of the said agreement and enabling law is to
deprive the police officers of the city of McHenry and all police officers
of other municipalities in the State of Illinois similarly situated of the
right to receive the same portion of their respective paychecks that
other police officers in the State realize who are not subject to the dual
withholding requirements of both Social Security and Police Pension Funds;
and
WHEREAS, the effect of the said agreement and enabling law is to
deprive the police officers of the city of McHenry and all police officers
of other municipalities in the State of Illinois similarly situated of the
right to receive the same portion of their respective paychecks that
other police officers in the State realize who are not subject to the
dual withholding requirements of both Social Security and Police Pension
Funds; and
WHEREAS, said dual deductions unfairly and unjustly discriminate
against the said police officers and deny them the guarantees of the
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equal protection clause of the United States Constitution; and
WHEREAS, despite continuing efforts over a long period of time
by the city of McHenry its police officers and others similarly situated
to cause the United States Congress to amend and change the inequitable
conditions hereinabove described, Congress has not seen fit to do so;
and
WHEREAS, because of the inequitable situation and condition thus
allowed to exist for said police officers, a situation and condition
which does not affect the majority of police officers in Illinois;
through no fault of their own and by a quirk of law and legislative in-
action over which they have no control, and over which the mayor and
aldermen of the city of McHenry and those of other municipalities sim-
r
ilarly situated have no control, the earnings of such police officers are
reduced below those of other municipalities in the State of Illinois
which are not subject to such dual withholding, thereby placing the city
of McHenry in an unjust, burdensome and less competitive position without
it having any choice or control in the matter; and
WHEREAS, the only apparent alternative or avenue open to the city
of McHenry and its police officers to correct and cure the manifest in-
justice and inequity suffered by them is by resort to the courts;
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Aldermen of the city
of McHenry, McHenry County, Illinois, that the City of McHenry supports
appropriate legal action on behalf of itself and its police officers, and
all those municipalities and police officers similarly situated to correct
said injustice and inequity brought about by the aforesaid laws and legal
interpretations of the State of Illinois and the Federal Government.
attest: - {
City Clerk / _ / ✓ or
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