Authorizingtitle
Authorizing IMRF Benefit Protection Leave And Resolution Of Claim (Case No. 25 CV 06430)
body
WHEREAS, Article 7 of the Illinois Pension Code (40 ILCS 5/7-139(a)(4)) provides that the governing body of a governmental unit may elect to allow service credit in the Illinois Municipal Retirement Fund (“IMRF” or “Fund”) to members who are on authorized leave of absence without pay; and
WHEREAS, not more than twelve (12) complete months of creditable service for such authorized leave of absence shall be credited towards any benefit under Article 7 of the Pension Code; and
WHEREAS, no service credit may be issued for such authorized unpaid leave unless an application for credits is submitted to the Board of Trustees of Illinois Municipal Retirement Fund while the employee is in a status of active employment; and
WHEREAS, Kane County Sheriff’s employee, Paul Timmerman, has filed an action in the U.S. District Court for the Northern District of Illinois, Case No. 25 CV 06430, which the parties thereto wish to resolve without admission of liability; and
WHEREAS, as a part of the resolution of claims, the parties have agreed that Mr. Timmerman will voluntarily separate from employment with the Sheriff’s Office, and he will apply for an IMRF benefit protection leave to receive IMRF service credit in connection with his unpaid leaves of absence in 2022, in an amount minimally necessary to obtain twenty (20) years of IMRF service credit; and
WHEREAS, the County Board has determined that it is in the best interests of the County and its employees to resolve Case No. 25 CV 06430 and authorize and approve Mr. Timmerman’s IMRF service credit in connection with his application for an IMRF benefit protection leave.
NOW, THEREFORE, BE IT RESOLVED by the County Board of the County of Kane, Illinois, as follows:
1. Pursuant to an application for IMRF benefit protection leave and application for service credits, the County Board hereby elects to allow service credit to Paul Timmerman for the following periods of authorized leave without pay, in an amount minimally necessary for Mr. Timmerman to obtain twenty (20) years of IMRF service credit, estimated to be seven (7) months and not to exceed eight (8) months: (a) leave beginning on February 1, 2022 and ending on July 31, 2022, and (b) leave beginning on October 1, 2022 and ending on November 30, 2022; provided, that such election is contingent upon the resolution and dismissal with prejudice of Case No. 25 CV 06430, subject to review and approval as to form by the Kane County State’s Attorney’s Office; and
2. All employee and employer costs associated with such service credit to employee Paul Timmerman, as shall be determined by the Fund, are hereby approved, and the County’s IMRF Authorized Agent, the Executive Director of Human Resources, and the Executive Director of Finance, and their respective designees, are hereby authorized and directed to take all actions and execute all documents necessary to process the application for the IMRF benefit protection leave and the corresponding service credit for the affected employee, and to pay to the Fund all IMRF employee and employer costs in connection therewith, all subject to review and approval as to form by the Kane County State’s Attorney’s Office; and
3. The Chairman of the County Board, the Kane County State’s Attorney, and the Kane County Sheriff, and their respective designees, are hereby authorized to execute any and all documents necessary to completely resolve and dismiss with prejudice Case No. 25 CV 06430, subject to review and approval as to form by the Kane County State’s Attorney’s Office; and
4. The Kane County Clerk is hereby authorized and directed to maintain a record of this resolution for inspection, upon request by the Fund, and is further directed to certify all necessary IMRF forms, including IMRF Form 6.32, IMRF Benefit Protection Leave, subject to review and approval as to form by the Kane County State’s Attorney’s Office.
Passed by the Kane County Board on September 9, 2025.
____________________________ ____________________________
John A. Cunningham, MBA, JD, JD Corinne M. Pierog MA, MBA
Clerk, County Board Chairman, County Board
Kane County, Illinois Kane County, Illinois
Vote: