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R-1147 - 12/27/2011 - PERSONNEL - ResolutionsRESOLUTION 2011 -PL- IMRF -EXI -R -1147 A RESOLUTION APPROVING AN AMENDMENT TO THE VILLAGE OF OAK BROOK PERSONNEL MANUAL WHEREAS, the Village has previously adopted a personnel manual (the "Manual ") setting forth the general policies of the Village regarding the terms of employment with the Village; and WHEREAS, the Village Board desires to ensure that the various provisions of the Manual do not inadvertently trigger accelerated payments to the Illinois Municipal Retirement Fund in light of the recently adopted Public Act 97 -0609; NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section 1: Amendment to Village Personnel Manual. The Village's personnel manual is hereby amended by adding a new section to the personnel manual relating to employees who have begun service before January 1, 2012, which new section is attached as Exhibit A to this Resolution. Section 2: Effective Date. This resolution shall be in full force and effect immediately upon its passage and approval in the manner provided by law. APPROVED THIS 27thday of December, 2011 Gop . Lalmalani Village President PASSED THIS 27th day of December, 2011 Ayes: Trustees Aktipis, Manzo, Moy, Wolin, Yusuf and Zannis None ATTEST: Charlotte K. Pruss Village Clerk Resolution 2011 -PL- IMRF -EXI -R -1147 Approving an Amendment to the Village of Oak Brook Personnel Manual Page 2 of 2 EXHIBIT A Safe Harbor Provision Regarding Employees Who Begin Service Before January 1, 2012 Employees Who Begin Service Before January 1. 2012: In addition to any other categories under which an employee of the Village may be classed pursuant to the Village's personnel manual, there shall be a class of employees who began service with the Village prior to January 1, 2012 (a "Pre -2012 Employee "). To the maximum extent authorized by law, for all Pre -2012 Employees, it is the policy of the Village not to include as part of such employee's reported earnings for any of the 12 -month periods that may be used to determine such employee's final rate of earnings, any of the earnings, adjustments, payments, benefits, or compensation that are provided for or otherwise allowed pursuant to the terms of this personnel manual for purposes of making accelerated contributions or payments to the Illinois Municipal Retirement Fund in accordance with 401LCS 517- 172(k), including without limitation: a. Increases in vacation time earned as a result of seniority or continued service; b. Increases in authorized accrual of vacation time as a result of seniority or continued service; C. Increases in sick leave time earned as a result of seniority or continued service; d. Increases in authorized accrual of vacation time as a result of seniority or continued service; e. Payments made from selling back to the Village any accrued vacation or sick leave time; f. Changes to insurance benefits that are generally applicable to all Pre -2012 Employees; g. Increases in annual compensation based on seniority or continued service, including "step" increases; h. Adjustments in annual salary based on increases to the Consumers Price Index or another generally accepted index of inflation; i. Merit bonuses; and j. Payments made as reimbursement of amounts paid to an employee for use of a personal vehicle or other equipment or property. The provisions of this Section are intended to be severable in the event that any part of this Section is found not to be enforceable under applicable law.