100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3071

 

Introduced , by Rep. Robert Martwick

 

SYNOPSIS AS INTRODUCED:
 
40 ILCS 5/17-137  from Ch. 108 1/2, par. 17-137
40 ILCS 5/17-138  from Ch. 108 1/2, par. 17-138
40 ILCS 5/17-139  from Ch. 108 1/2, par. 17-139
30 ILCS 805/8.41 new

    Amends the Chicago Teacher Article of the Illinois Pension Code. Adds a pensioner member to the Board of Trustees and makes corresponding changes. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.


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FISCAL NOTE ACT MAY APPLY
PENSION IMPACT NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

HB3071LRB100 06630 RPS 16671 b

1    AN ACT concerning public employee benefits.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Pension Code is amended by changing
5Sections 17-137, 17-138, and 17-139 as follows:
 
6    (40 ILCS 5/17-137)  (from Ch. 108 1/2, par. 17-137)
7    Sec. 17-137. Board created. There shall be elected a Board
8of Trustees, herein also referred to as the "Board", to
9administer and control the Fund created by this Article. The
10Board shall consist of 13 12 members, 2 of whom shall be
11members of the Board of Education, 6 of whom shall be
12contributors who are not administrators, one of whom shall be a
13contributor who is an administrator, and 4 3 of whom shall be
14pensioners, all to be chosen as provided in this Article.
15(Source: P.A. 98-449, eff. 8-16-13.)
 
16    (40 ILCS 5/17-138)  (from Ch. 108 1/2, par. 17-138)
17    Sec. 17-138. Board membership. At the first meeting of the
18Board of Education in November of each year, the Board of
19Education shall appoint one of its members to serve, while a
20member of the Board of Education, on the Board of Trustees for
21a term of 2 years.
22    During the first week of November, there shall be elected 2

 

 

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1members of the Board from the teachers other than
2administrators, who shall hold office for terms of 3 years,
3provided the trustee retains his or her status as a teacher
4other than an administrator, and other members to fill any
5unexpired terms. The election shall be by secret ballot
6conducted in person or by secure electronic ballot, and shall
7be held in such manner as the Board by bylaws or rules shall
8provide. Only teachers who are not administrators shall be
9eligible to vote in the election.
10    During the first week of November of 1995 and every third
11year thereafter, one contributor who is an administrator shall
12be elected a member of the Board. This trustee shall hold
13office for a term of 3 years, provided the trustee retains his
14or her status as an administrator. The election shall be by
15mail ballot or by secure electronic ballot, and only
16contributors who are administrators shall be eligible to vote.
17The election shall be held in the manner provided by the Board
18by rule or bylaw.
19    During the first week of November of each odd-numbered year
20there shall be elected 4 3 members of the Board from the
21pensioners, who shall hold office for a term of 2 years while
22retaining their status as pensioners. The election shall be by
23mail ballot or secure electronic ballot to all service and
24disability pensioners, and shall be held in such manner as the
25Board by bylaws or rules shall provide.
26    All trustees, while members of the Board of Education or

 

 

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1while administrators, teachers other than administrators, or
2pensioners, as the case may be, shall hold their offices until
3their successors shall have been appointed or elected and
4qualified by subscribing to the constitutional oath of office
5at the immediately succeeding regular meeting of the Board.
6(Source: P.A. 98-449, eff. 8-16-13.)
 
7    (40 ILCS 5/17-139)  (from Ch. 108 1/2, par. 17-139)
8    Sec. 17-139. Board elections and vacancies.
9    (1) Contributors other than administrators election. Every
10member who is not an administrator may vote at the election for
11as many persons as there are trustees to be elected by the
12contributors who are not administrators, provided that the
13contributor obtained that voter eligibility status on or before
14October 1 of the election year. The name of a candidate shall
15not be placed on the ballot unless he or she has been assigned
16on a regular certificate for at least 10 years in the Chicago
17public schools or charter schools and nominated by a petition
18signed by not less than 200 contributors who are not
19administrators.
20    Petitions shall be filed with the recording secretary of
21the Fund on or after September 15 of each year and not later
22than October 1st of that year. No more than one candidate may
23be nominated by any one petition. If the nominations do not
24exceed the number of candidates to be elected, the canvassing
25board shall declare the nominated candidates elected.

 

 

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1Otherwise, candidates receiving the highest number of votes
2cast for their respective terms shall be declared elected. The
3location and number of polling places shall be designated by
4the Board.
5    Elections to fill vacancies on the Board shall be held at
6the next annual election.
7    (2) Pensioners election. The name of a candidate shall not
8be placed on the ballot unless he or she has been nominated by
9a petition signed by not less than 100 pensioners of the Fund.
10Petitions shall be filed with the recording secretary of the
11Fund on or before October 1 of the odd-numbered year. If the
12nominations do not exceed 4 3, the mailing of ballots shall be
13eliminated and the nominated candidates shall be declared
14elected. Otherwise, the 4 3 candidates receiving the highest
15number of votes cast shall be declared elected.
16    (3) Administrators election. The name of a candidate shall
17not be placed on the ballot unless he or she has been nominated
18by a petition signed by at least 25 contributors who are
19administrators. Petitions shall be filed with the recording
20secretary of the Fund on or before October 1 of the election
21year. Every member who is an administrator may vote at the
22election for one candidate who is a contributor who is an
23administrator, provided that the member obtained such voter
24eligibility status on or before October 1 of the election year.
25If only one eligible candidate is nominated, the election shall
26not be held and the nominated candidate shall be declared

 

 

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1elected. Otherwise, the candidate receiving the highest number
2of votes cast shall be declared elected.
3    (4) Vacancies. The Board may fill vacancies occurring in
4the membership of the Board elected by the administrators,
5teachers other than administrators, or pensioners at any
6regular meeting of the Board. The Board of Education may fill
7vacancies occurring in the membership of the Board appointed by
8the Board of Education at any regular meeting of the Board of
9Education.
10(Source: P.A. 98-449, eff. 8-16-13.)
 
11    Section 90. The State Mandates Act is amended by adding
12Section 8.41 as follows:
 
13    (30 ILCS 805/8.41 new)
14    Sec. 8.41. Exempt mandate. Notwithstanding Sections 6 and 8
15of this Act, no reimbursement by the State is required for the
16implementation of any mandate created by this amendatory Act of
17the 100th General Assembly.
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.