State of Illinois
91st General Assembly

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[ Introduced ][ Engrossed ][ House Amendment 001 ]


HB4347 Enrolled                                LRB9111093EGfg

 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 ex-officio, who shall
15    be the president of the board; 4 persons, not members of  the
16    System,  to  be  appointed by the Governor, who shall hold no
17    elected State office;  4  teachers,  as  defined  in  Section
18    16-106,  elected  by  the  contributing  members;  and  2 one
19    annuitant members member elected by  the  annuitants  of  the
20    System, as provided in Section 16-165.
21    (Source: P.A. 90-511, eff. 8-22-97.)

22        (40 ILCS 5/16-165) (from Ch. 108 1/2, par. 16-165)
23        Sec. 16-165. Board; elected members; vacancies.
24        (a)  In  each odd-numbered year, there shall be elected 2
25    teachers who  shall  hold  office  for  a  term  of  4  years
26    beginning  July  15  next  following  their  election, in the
27    manner provided under this Section.
28        (b)  One The elected annuitant  trustee  shall  first  be
29    elected  in  1987,  and  in  every fourth year thereafter, as
30    hereinafter provided, for a term of 4 years beginning July 15
HB4347 Enrolled             -2-                LRB9111093EGfg
 1    next following his or her election.
 2        (c)  The  elected  annuitant  position  created  by  this
 3    amendatory Act of the 91st General Assembly shall  be  filled
 4    as soon as possible in the manner provided for vacancies, for
 5    an  initial term ending July 15, 2001.  One elected annuitant
 6    trustee shall be elected in 2001, and in  every  fourth  year
 7    thereafter,  for  a  term  of  4 years beginning July 15 next
 8    following his or her election.
 9        (d)  Elections shall be held on May 1, unless May 1 falls
10    on a Saturday or Sunday, in which  event  the  such  election
11    shall be conducted on the following Monday.  Candidates shall
12    be nominated by petitions in writing, signed by not less than
13    500  teachers  or  annuitants, as the case may be, with their
14    addresses shown opposite their names.  The petitions shall be
15    filed with the board's Secretary not less than  90  nor  more
16    than  120 days prior to May 1.  The Secretary shall determine
17    their validity not less than 75 days before the election.
18        (e)  If, for either teacher  or  annuitant  members,  the
19    number  of qualified nominees exceeds the number of available
20    positions,  If  there  are  more  than  2  qualified  teacher
21    nominees or more than one qualified  annuitant  nominee,  the
22    system  shall prepare an appropriate ballot with the names of
23    the candidates in alphabetical order and shall mail one  copy
24    thereof,  at least 10 days prior to the election day, to each
25    teacher or annuitant of this system as  of  the  latest  date
26    practicable,  at  the  latest  known address, together with a
27    return envelope addressed to the board  and  also  a  smaller
28    envelope  marked "For Ballot Only", and a slip for signature.
29    Each voter, upon marking his ballot with a cross mark in  the
30    square  before  the name of the person voted for, shall place
31    the ballot in the envelope marked "For Ballot Only", seal the
32    envelope, write on the slip provided therefor  his  signature
33    and  address,  enclose  both  the  slip  and  sealed envelope
34    containing the marked ballot in the return envelope addressed
HB4347 Enrolled             -3-                LRB9111093EGfg
 1    to the board, and mail it.  Whether a person is  eligible  to
 2    vote  for  the  teacher  nominees  or  the annuitant nominees
 3    nominee shall be determined from system payroll records as of
 4    March 1.
 5        Upon receipt of the return envelopes,  the  system  shall
 6    open  them  and  set aside unopened the envelopes marked "For
 7    Ballot Only".  On election  day  ballots  shall  be  publicly
 8    opened  and  counted  by the trustees or canvassers appointed
 9    therefor.  Each vote cast for a candidate represents one vote
10    only.  No ballot arriving after 10 o'clock a.m.  on  election
11    day  shall  be  counted.   The  2  teacher candidates and the
12    annuitant candidate receiving the  highest  number  of  votes
13    shall be elected.  The board shall declare the results of the
14    election, keep a record thereof, and notify the candidates of
15    the results thereof within 30 days after the election.
16        If, for either class of members, there are only as many 2
17    qualified  nominees as there are positions available teachers
18    or only one qualified annuitant nominated  by  petition,  the
19    balloting  as  described  in  this  Section shall will not be
20    conducted for  those  such  nominees,  and  the  board  shall
21    declare them such nominees duly elected.
22        (f)  A  vacancy  occurring  in the elective membership on
23    the board shall be filled for the unexpired term by the board
24    with a person qualified for the vacant position.
25    (Source: P.A. 85-1008.)

26        Section 99. Effective date.  This Act takes  effect  upon
27    becoming law.

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