State of Illinois
91st General Assembly
Legislation

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91_HB2212

 
                                               LRB9102389EGfg

 1        AN ACT to amend the Illinois  Pension  Code  by  changing
 2    Section 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 Section 16-165 as follows:

 7        (40 ILCS 5/16-165) (from Ch. 108 1/2, par. 16-165)
 8        Sec. 16-165.  Board - elected members - vacancies.
 9        (a)  In  each odd-numbered year, there shall be elected 2
10    teachers who  shall  hold  office  for  a  term  of  4  years
11    beginning  July  15  next  following  their  election, in the
12    manner provided under this Section.   The  elected  annuitant
13    trustee  shall  first be elected in 1987, and in every fourth
14    year thereafter, as hereinafter provided, for  a  term  of  4
15    years beginning July 15 next following his election.
16        Elections shall be held on May 1, unless May 1 falls on a
17    Saturday or Sunday, in which event the such election shall be
18    conducted on the following Monday.
19        (b)  Candidates   shall  be  nominated  by  petitions  in
20    writing, signed by not less than 500 teachers or  annuitants,
21    as the case may be, with their addresses shown opposite their
22    names.   The  petitions  shall  be  filed  with  the  board's
23    Secretary  not  less  than 90 nor more than 120 days prior to
24    May 1.  The Secretary shall determine their validity not less
25    than 75 days before the election.
26        (c)  Beginning July 15, 2001, not more than 3  of  the  4
27    active  teachers  elected  to  the  Board  of Trustees may be
28    active members of the same  statewide  teacher  organization.
29    For   the   purposes  of  this  Section,  "statewide  teacher
30    organization" means  a  teacher  organization  (1)  in  which
31    membership  is  not  restricted to persons living or teaching
 
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 1    within a limited geographical area of this State and (2) that
 2    has  among  its  membership  at  least  10,000  persons   who
 3    participate in this System.
 4        Candidates  for the active teacher positions on the Board
 5    shall indicate, in their nomination  petitions  and  campaign
 6    materials,  which  (if  any)  statewide teacher organizations
 7    they have belonged  to  during  the  5  years  preceding  the
 8    election.
 9        (d)  If  there  is  are more than one 2 qualified teacher
10    nominees or more than one qualified annuitant nominee for any
11    position  to  be  filled,  the  System   shall   prepare   an
12    appropriate  ballot  for  that position with the names of the
13    candidates in alphabetical order  and  shall  mail  one  copy
14    thereof,  at least 10 days prior to the election day, to each
15    teacher or annuitant of this System eligible to vote for that
16    position as of the latest date  practicable,  at  the  latest
17    known  address,  together with a return envelope addressed to
18    the board and also a  smaller  envelope  marked  "For  Ballot
19    Only",  and  a  slip for signature.  Each voter, upon marking
20    his ballot with a cross mark in the square before the name of
21    the person voted for, shall place the ballot in the  envelope
22    marked  "For  Ballot  Only",  seal the envelope, write on the
23    slip provided therefor his  signature  and  address,  enclose
24    both  the  slip  and  sealed  envelope  containing the marked
25    ballot in the return envelope addressed  to  the  board,  and
26    mail  it.   Whether  a  person  is  eligible  to vote for the
27    teacher nominees or the annuitant nominee shall be determined
28    from System payroll records as of March 1.
29        Upon receipt of the return envelopes,  the  System  shall
30    open  them  and  set aside unopened the envelopes marked "For
31    Ballot Only".  On election  day  ballots  shall  be  publicly
32    opened  and  counted  by the trustees or canvassers appointed
33    therefor.  Each vote cast for a candidate represents one vote
34    only.  No ballot arriving after 10 o'clock a.m.  on  election
 
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 1    day shall be counted.
 2        (e)  The 2 teacher candidates and the annuitant candidate
 3    receiving  the  highest  number  of  votes  shall be declared
 4    elected, except that beginning with the election in 2001,  if
 5    the  teacher  candidate  who  receives  the highest number of
 6    votes belongs to the same statewide teacher  organization  as
 7    the  2 incumbent teacher members who are not up for election,
 8    then the second teacher  candidate  to  be  declared  elected
 9    shall be the candidate not a member of that statewide teacher
10    organization who receives the highest number of votes.
11        The board shall declare the results of the election, keep
12    a  record  thereof,  and notify the candidates of the results
13    thereof within 30 days after the election.
14        (f)  If there is are only one 2 qualified nominee for any
15    position  to  be  filled  teachers  or  only  one   qualified
16    annuitant  nominated  by petition, the balloting as described
17    in this Section shall will not be conducted for that position
18     such nominees, and the board shall declare the nominee  such
19    nominees duly elected.
20        (g)  A  vacancy  occurring  in the elective membership on
21    the board shall be filled for the unexpired term by the board
22    with a person qualified for the vacant position.
23    (Source: P.A. 85-1008.)

24        Section 99. Effective date.  This Act takes  effect  upon
25    becoming law.

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