98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB1544

 

Introduced 2/13/2013, by Sen. Iris Y. Martinez

 

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
40 ILCS 5/17-144  from Ch. 108 1/2, par. 17-144

    Amends the Chicago Teacher Article of the Illinois Pension Code. Makes changes concerning the composition and election of members of the Board of Trustees of the Fund. Effective immediately.


LRB098 07988 EFG 38078 b

PENSION IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1544LRB098 07988 EFG 38078 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, 17-139, and 17-144 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 12 members, 2 of whom shall be members
11of the Board of Education, 6 of whom shall be contributors who
12are not administrators principals, one of whom shall be a
13contributor who is an administrator a principal, and 3 of whom
14shall be pensioners, all to be chosen as provided in this
15Article.
16(Source: P.A. 89-136, eff. 7-14-95; 90-566, eff. 1-2-98.)
 
17    (40 ILCS 5/17-138)  (from Ch. 108 1/2, par. 17-138)
18    Sec. 17-138. Board membership. At the first meeting of the
19Board of Education in November of each year, the Board of
20Education shall appoint one of its members to serve, while a
21member of the Board of Education, on the Board of Trustees for
22a term of 2 years.

 

 

SB1544- 2 -LRB098 07988 EFG 38078 b

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

 

 

SB1544- 3 -LRB098 07988 EFG 38078 b

1there shall be elected 3 members of the Board from the
2pensioners, who shall hold office for a term of 2 years while
3retaining their status as pensioners. The election shall be by
4mail ballot or secure electronic ballot to all service and
5disability pensioners, and shall be held in such manner as the
6Board by bylaws or rules shall provide.
7    All trustees, while members of the Board of Education or
8while administrators principals, teachers other than
9administrators principals, or pensioners, as the case may be,
10shall hold their offices until their successors shall have been
11appointed or elected and qualified by subscribing to the
12constitutional oath of office at the immediately succeeding
13regular meeting of the Board.
14(Source: P.A. 89-136, eff. 7-14-95; 90-566, eff. 1-2-98.)
 
15    (40 ILCS 5/17-139)  (from Ch. 108 1/2, par. 17-139)
16    Sec. 17-139. Board elections and vacancies.
17    (1) Contributors other than administrators principals
18election. Every member who is not a principal or an
19administrator may vote at the election for as many persons as
20there are trustees to be elected by the contributors who are
21not principals or administrators, provided that the
22contributor obtained that voter eligibility status on or before
23September 1 of the election year. The name of a candidate shall
24not be placed on printed upon the ballot unless he or she has
25been assigned on a regular certificate for at least 10 years in

 

 

SB1544- 4 -LRB098 07988 EFG 38078 b

1the Chicago public schools or charter schools and nominated by
2a petition signed by not less than 200 contributors who are not
3principals or administrators.
4    Petitions shall be filed with the recording secretary of
5the Fund on or after September 15 of each year and not later
6than October 1st of that year. No more than one candidate may
7be nominated by any one petition. If the nominations do not
8exceed the number of candidates to be elected, the canvassing
9board shall declare the nominated candidates elected.
10Otherwise, candidates receiving the highest number of votes
11cast for their respective terms shall be declared elected. The
12location and number of polling places shall be designated by
13the Board. The election shall be conducted by the teachers who
14are not principals or administrators, and the judges of the
15election shall be selected from the teachers who are not
16principals or administrators, in such manner as the board in
17its bylaws or rules provides.
18    Elections to fill vacancies on the Board shall be held at
19the next annual election.
20    (2) Pensioners election. The name of a candidate shall not
21be placed printed on the ballot unless he or she has been
22nominated by a petition signed by not less than 100 pensioners
23of the Fund. Petitions shall be filed with the recording
24secretary of the Fund on or before October 1 of the
25odd-numbered year. If the nominations do not exceed 3, the
26mailing of ballots shall be eliminated and the nominated

 

 

SB1544- 5 -LRB098 07988 EFG 38078 b

1candidates shall be declared elected. Otherwise, the 3
2candidates receiving the highest number of votes cast shall be
3declared elected. The mailing and counting of the ballots shall
4be conducted by the office of the Fund with volunteer
5assistance from pensioners at the request of the Board.
6    (3) Administrators Principals election. The name of a
7candidate shall not be placed printed on the ballot unless he
8or she has been nominated by a petition signed by at least 25
9contributors who are principals or administrators. Petitions
10shall be filed with the recording secretary of the Fund on or
11before October 1 of the election year. Every member who is a
12principal or an administrator may vote at the election for one
13candidate who is a contributor who is an administrator,
14provided that the member obtained such voter eligibility status
15on or before September 1 of the election year a principal. If
16only one eligible candidate is nominated, the election shall
17not be held and the nominated candidate shall be declared
18elected. Otherwise, the candidate receiving the highest number
19of votes cast shall be declared elected. The mailing and
20counting of the ballots shall be conducted by the office of the
21Fund.
22    (4) Vacancies. The Board may fill vacancies occurring in
23the membership of the Board elected by the principals,
24administrators, teachers other than principals or
25administrators, or pensioners at any regular meeting of the
26Board. The Board of Education may fill vacancies occurring in

 

 

SB1544- 6 -LRB098 07988 EFG 38078 b

1the membership of the Board appointed by the Board of Education
2at any regular meeting of the Board of Education.
3(Source: P.A. 94-514, eff. 8-10-05.)
 
4    (40 ILCS 5/17-144)  (from Ch. 108 1/2, par. 17-144)
5    Sec. 17-144. To fill vacancies. To fill any vacancies
6occurring in the Board of members elected from the teachers, or
7pensioners, or administrators until the next annual election,
8when the vacancies shall be filled as provided by this Article.
9(Source: P.A. 90-566, eff. 1-2-98.)
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.