97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5172

 

Introduced 2/8/2012, by Rep. Marlow H. Colvin

 

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 805/8.36 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

 

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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 principals, one of whom shall be a
13contributor who is a principal, and 4 3 of whom shall be
14pensioners, all to be chosen as provided in this Article.
15(Source: P.A. 89-136, eff. 7-14-95; 90-566, eff. 1-2-98.)
 
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    On the last school day of the 4th week of October of each

 

 

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1year there shall be elected 2 members of the Board from the
2teachers other than principals, who shall hold office for terms
3of 3 years while retaining their status as teachers other than
4principals, and other members to fill unexpired terms. In the
5event that schools are not in session on or during the week
6prior to the last Friday in October, this election shall be
7held on the Friday of the first subsequent full week of school.
8The election shall be by secret ballot and shall be held in
9such manner as the Board by bylaws or rules shall provide. Only
10teachers who are not principals shall be eligible to vote in
11the election.
12    During the first week of November of 1995 and every third
13year thereafter, one contributor who is a principal shall be
14elected a member of the Board. This trustee shall hold office
15for a term of 3 years while retaining his or her status as a
16principal. The election shall be by mail ballot and only
17contributors who are principals shall be eligible to vote. The
18election shall be held in the manner provided by the Board by
19rule or bylaw.
20    During the first week of November of each odd-numbered year
21there shall be elected 4 3 members of the Board from the
22pensioners, who shall hold office for a term of 2 years while
23retaining their status as pensioners. The election shall be by
24mail ballot to all service and disability pensioners, and shall
25be held in such manner as the Board by bylaws or rules shall
26provide.

 

 

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1    All trustees, while members of the Board of Education or
2while principals, teachers other than principals, or
3pensioners, as the case may be, shall hold their offices until
4their successors shall have been appointed or elected and
5qualified by subscribing to the constitutional oath of office
6at the immediately succeeding regular meeting of the Board.
7(Source: P.A. 89-136, eff. 7-14-95; 90-566, eff. 1-2-98.)
 
8    (40 ILCS 5/17-139)  (from Ch. 108 1/2, par. 17-139)
9    Sec. 17-139. Board elections and vacancies.
10    (1) Contributors other than principals election. Every
11member who is not a principal or an administrator may vote at
12the election for as many persons as there are trustees to be
13elected by the contributors who are not principals or
14administrators. The name of a candidate shall not be printed
15upon the ballot unless he or she has been assigned on a regular
16certificate for at least 10 years in the Chicago public schools
17or charter schools and nominated by a petition signed by not
18less than 200 contributors who are not principals or
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. The election shall be conducted by the teachers who
5are not principals or administrators, and the judges of the
6election shall be selected from the teachers who are not
7principals or administrators, in such manner as the board in
8its bylaws or rules provides.
9    Elections to fill vacancies on the Board shall be held at
10the next annual election.
11    (2) Pensioners election. The name of a candidate shall not
12be printed on the ballot unless he or she has been nominated by
13a petition signed by not less than 100 pensioners of the Fund.
14Petitions shall be filed with the recording secretary of the
15Fund on or before October 1 of the odd-numbered year. If the
16nominations do not exceed 4 3, the mailing of ballots shall be
17eliminated and the nominated candidates shall be declared
18elected. Otherwise, the 4 3 candidates receiving the highest
19number of votes cast shall be declared elected. The mailing and
20counting of the ballots shall be conducted by the office of the
21Fund with volunteer assistance from pensioners at the request
22of the Board.
23    (3) Principals election. The name of a candidate shall not
24be printed on the ballot unless he or she has been nominated by
25a petition signed by at least 25 contributors who are
26principals or administrators. Petitions shall be filed with the

 

 

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1recording secretary of the Fund on or before October 1 of the
2election year. Every member who is a principal or an
3administrator may vote at the election for one candidate who is
4a contributor who is a principal. If only one eligible
5candidate is nominated, the election shall not be held and the
6nominated candidate shall be declared elected. Otherwise, the
7candidate receiving the highest number of votes cast shall be
8declared elected. The mailing and counting of the ballots shall
9be conducted by the office of the Fund.
10    (4) Vacancies. The Board may fill vacancies occurring in
11the membership of the Board elected by the principals,
12administrators, teachers other than principals or
13administrators, or pensioners at any regular meeting of the
14Board. The Board of Education may fill vacancies occurring in
15the membership of the Board appointed by the Board of Education
16at any regular meeting of the Board of Education.
17(Source: P.A. 94-514, eff. 8-10-05.)
 
18    Section 90. The State Mandates Act is amended by adding
19Section 8.36 as follows:
 
20    (30 ILCS 805/8.36 new)
21    Sec. 8.36. Exempt mandate. Notwithstanding Sections 6 and 8
22of this Act, no reimbursement by the State is required for the
23implementation of any mandate created by this amendatory Act of
24the 97th General Assembly.
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.