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File #: 25-333   
Type: Resolution Status: Passed
File created: 8/27/2025 In control: County Board
On agenda: 9/9/2025 Final action: 9/9/2025
Title: AUTHORIZING IMRF BENEFIT PROTECTION LEAVE AND RESOLUTION OF CLAIM (CASE NO. 25 CV 06430)
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AUTHORIZING IMRF BENEFIT PROTECTION LEAVE AND RESOLUTION OF CLAIM (CASE NO. 25 CV 06430)

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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 appl...

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