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90_HB2328eng
40 ILCS 5/16-163 from Ch. 108 1/2, par. 16-163
40 ILCS 5/16-165 from Ch. 108 1/2, par. 16-165
Amends the Downstate Teacher Article of the Illinois
Pension Code to add a second elected annuitant to the Board
of Trustees. Gives the Governor the power to appoint the
president of the Board from among its members (currently the
State Superintendent of Education serves as president, ex
officio). Effective immediately.
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1 AN ACT to amend the Illinois Pension Code by changing
2 Sections 16-163 and 16-165.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Pension Code is amended by
6 changing Sections 16-163 and 16-165 as follows:
7 (40 ILCS 5/16-163) (from Ch. 108 1/2, par. 16-163)
8 Sec. 16-163. Board created. A board of 11 10 members
9 constitutes a board of trustees authorized to carry out the
10 provisions of this Article and is responsible for the general
11 administration of the system. The board is known as the
12 Board of Trustees of the Teachers' Retirement System of the
13 State of Illinois. The board is composed of the
14 Superintendent of Education, ex-officio, who shall be the
15 president of the board until July 15, 1998 or until such time
16 as the Governor has designated the president under this
17 amendatory Act of 1997; 4 persons, not members of the system,
18 to be appointed by the Governor, who shall hold no elected
19 State office; 4 teachers, as defined in Section 16-106,
20 elected by the contributing members; and 2 one annuitant
21 members member elected by the annuitants of the system, as
22 provided in Section 16-165. On or after July 15, 1998, the
23 Governor shall, from time to time, designate one of the
24 members to serve as president of the board.
25 (Source: P.A. 90-511, eff. 8-22-97.)
26 (40 ILCS 5/16-165) (from Ch. 108 1/2, par. 16-165)
27 Sec. 16-165. Board - elected members - vacancies. In
28 each odd-numbered year, there shall be elected 2 teachers who
29 shall hold office for a term of 4 years beginning July 15
30 next following their election, in the manner provided under
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1 this Section. One The elected annuitant trustee shall first
2 be elected in 1987, and in every fourth year thereafter, as
3 hereinafter provided, for a term of 4 years beginning July 15
4 next following his or her election. The other elected
5 annuitant trustee shall first be elected at a special
6 election held by the board for this purpose on May 1, 1998,
7 for an initial term beginning July 15, 1998 and ending July
8 15, 1999. Thereafter, both elected annuitant trustees shall
9 be elected at the same elections for terms of 4 years.
10 Elections shall be held on May 1, unless May 1 falls on a
11 Saturday or Sunday, in which event the such election shall be
12 conducted on the following Monday. Candidates shall be
13 nominated by petitions in writing, signed by not less than
14 500 teachers or annuitants, as the case may be, with their
15 addresses shown opposite their names. The petitions shall be
16 filed with the board's Secretary not less than 90 nor more
17 than 120 days prior to May 1. The Secretary shall determine
18 their validity not less than 75 days before the election.
19 If there are more than 2 qualified teacher nominees or
20 more than 2 one qualified annuitant nominees nominee, the
21 system shall prepare an appropriate ballot with the names of
22 the candidates in alphabetical order and shall mail one copy
23 thereof, at least 10 days prior to the election day, to each
24 teacher or annuitant of this system as of the latest date
25 practicable, at the latest known address, together with a
26 return envelope addressed to the board and also a smaller
27 envelope marked "For Ballot Only", and a slip for signature.
28 Each voter, upon marking his ballot with a cross mark in the
29 square before the name of the person voted for, shall place
30 the ballot in the envelope marked "For Ballot Only", seal the
31 envelope, write on the slip provided therefor his signature
32 and address, enclose both the slip and sealed envelope
33 containing the marked ballot in the return envelope addressed
34 to the board, and mail it. Whether a person is eligible to
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1 vote for the teacher nominees or the annuitant nominees
2 nominee shall be determined from system payroll records as of
3 March 1.
4 Upon receipt of the return envelopes, the system shall
5 open them and set aside unopened the envelopes marked "For
6 Ballot Only". On election day ballots shall be publicly
7 opened and counted by the trustees or canvassers appointed
8 therefor. Each vote cast for a candidate represents one vote
9 only. No ballot arriving after 10 o'clock a.m. on election
10 day shall be counted. The 2 teacher candidates and the 2
11 annuitant candidates candidate receiving the highest number
12 of votes shall be elected. The board shall declare the
13 results of the election, keep a record thereof, and notify
14 the candidates of the results thereof within 30 days after
15 the election.
16 If there are only 2 qualified teachers or only 2 one
17 qualified annuitants annuitant nominated by petition, the
18 balloting as described in this Section will not be conducted
19 for those such nominees, and the board shall declare them
20 such nominees duly elected.
21 A vacancy occurring in the elective membership on the
22 board shall be filled for the unexpired term by the board
23 with a person qualified for the vacant position.
24 (Source: P.A. 85-1008.)
25 Section 99. Effective date. This Act takes effect upon
26 becoming law.