State of Illinois
92nd General Assembly
Legislation

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92_SB1973

 
                                               LRB9213822EGfg

 1        AN ACT in relation to public employee benefits.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  Illinois  Pension  Code  is amended by
 5    changing  Section  15-159  and  adding  Section  15-159.1  as
 6    follows:

 7        (40 ILCS 5/15-159) (from Ch. 108 1/2, par. 15-159)
 8        Sec. 15-159.  Board created.
 9        (a)  A board of trustees constituted as provided in  this
10    Section  shall  administer  this  System.  The board shall be
11    known as the Board of  Trustees  of  the  State  Universities
12    Retirement System.
13        (b)  Until  July  1, 1995, the Board of Trustees shall be
14    constituted as follows:
15        Two trustees shall be members of the Board of Trustees of
16    the University of Illinois, one shall  be  a  member  of  the
17    Board  of Trustees of Southern Illinois University, one shall
18    be a member  of  the  Board  of  Trustees  of  Chicago  State
19    University, one shall be a member of the Board of Trustees of
20    Eastern  Illinois  University,  one  shall be a member of the
21    Board of Trustees of Governors State University, one shall be
22    a  member  of  the  Board  of  Trustees  of  Illinois   State
23    University, one shall be a member of the Board of Trustees of
24    Northeastern  Illinois  University,  one shall be a member of
25    the Board of Trustees of Northern  Illinois  University,  one
26    shall  be  a  member  of  the  Board  of  Trustees of Western
27    Illinois University,  and  one  shall  be  a  member  of  the
28    Illinois  Community  College  Board, selected in each case by
29    their respective boards, and 2 shall be participants  of  the
30    system  appointed  by the Governor for a 6 year term with the
31    first appointment made pursuant to  this  amendatory  Act  of
 
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 1    1984  to  be  effective September 1, 1985, and one shall be a
 2    participant appointed by the Illinois Community College Board
 3    for a 6 year term, and one shall be a  participant  appointed
 4    by  the Board of Trustees of the University of Illinois for a
 5    6 year term, and one shall be a participant or  annuitant  of
 6    the  system who is a senior citizen age 60 or older appointed
 7    by the Governor for a 6 year term with the first  appointment
 8    to be effective September 1, 1985.
 9        The  terms  of  all  trustees  holding  office under this
10    subsection (b) on June 30, 1995 shall terminate at the end of
11    that day or as otherwise required by law and the Board  shall
12    thereafter  be  constituted  as  otherwise  provided  in this
13    Section subsection (c).
14        (c)  Beginning July 1, 1995, the Board of Trustees  shall
15    be constituted as follows:
16        The  Board  shall  consist of 9 trustees appointed by the
17    Governor.  Two of the trustees, designated  at  the  time  of
18    appointment, shall be participants of the System.  Two of the
19    trustees,  designated  at  the  time of appointment, shall be
20    annuitants  of  the  System  who  are  receiving   retirement
21    annuities  under this Article.  The 5 remaining trustees may,
22    but need not, be participants or annuitants of the System.
23        The term of  office  of  trustees  appointed  under  this
24    subsection  (c)  shall  be  6  years,  beginning  on  July 1.
25    However,  of  the  initial  trustees  appointed  under   this
26    subsection  (c), 3 shall be appointed for terms of 2 years, 3
27    shall be appointed for terms of  4  years,  and  3  shall  be
28    appointed  for  terms  of  6  years,  to be designated by the
29    Governor at the time of appointment.
30        A vacancy  in  a  trustee  position  created  under  this
31    subsection   (c)   on   the   board  of  trustees  caused  by
32    resignation, death, expiration of term of  office,  or  other
33    reason shall be filled by a qualified person appointed by the
34    Governor for the remainder of the unexpired term.
 
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 1        Trustees   in  a  trustee  position  created  under  this
 2    subsection (c) (other than the trustees incumbent on June 30,
 3    1995)  shall  continue  in  office  until  their   respective
 4    successors  are  appointed  and have qualified, except that a
 5    trustee appointed to one of the participant  positions  shall
 6    be  disqualified  immediately  upon the termination of his or
 7    her status as a participant and a trustee appointed to one of
 8    the annuitant positions  shall  be  disqualified  immediately
 9    upon  the  termination  of  his or her status as an annuitant
10    receiving a retirement annuity.
11        (c-1)  Beginning July 1,  2003,  the  Board  of  Trustees
12    shall  consist  of  the 9 trustees appointed under subsection
13    (c) plus 4 elected trustees who shall be elected as  provided
14    in this subsection (c-1) and Section 15-159.1.
15        One of the elected trustees shall be a participant of the
16    System  nominated  and  elected  by  the  participants of the
17    System who are employees of the University of Illinois.
18        One of the elected trustees shall be a participant of the
19    System nominated and  elected  by  the  participants  of  the
20    System  who  are  employees  of Northern Illinois University,
21    Illinois State University, or Southern Illinois University.
22        One of the elected trustees shall be a participant of the
23    System nominated and  elected  by  the  participants  of  the
24    System who are employees of Chicago State University, Eastern
25    Illinois University, Governors State University, Northeastern
26    Illinois University, or Western Illinois University.
27        One of the elected trustees shall be a participant of the
28    System  nominated  and  elected  by  the  participants of the
29    System who are employees of Illinois community colleges.
30        The  term  of  office  of  trustees  elected  under  this
31    subsection (c-1) shall be  6  years,  beginning  on  July  1,
32    except   that   the   initial  trustees  elected  under  this
33    subsection (c-1) shall serve for terms of  3,  4,  5,  and  6
34    years,  to  be  determined by lot at the first meeting of the
 
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 1    Board following their election.
 2        Candidates for election shall be  nominated  by  petition
 3    containing  the  signatures  and  addresses  of  at least 100
 4    participants from  the  applicable  constituency.   Petitions
 5    shall  be  filed  with  the Secretary of the Board during the
 6    month of January before the election.   The  Secretary  shall
 7    determine the validity of petitions of candidates by February
 8    15  before the election and shall notify the candidates as to
 9    whether or not their petitions have met the requirements.
10        If no more than one candidate files a valid petition  for
11    election  to  a  position,  that  candidate shall be declared
12    elected.  If there is more than one nominee for  a  position,
13    then the Board shall conduct by mail a secret ballot election
14    among  those  persons  eligible to vote for that position, in
15    accordance  with  Section  15-159.1  and   such   rules   and
16    procedures as it may adopt.
17        If  a  vacancy  occurs  among  the elected members of the
18    Board, the remaining elected members of the Board shall  meet
19    for  the purpose of filling the vacant position by appointing
20    a person who is eligible for nomination and election  to  the
21    position to serve for the remainder of the term.  The meeting
22    shall  be  held  as  soon  as  practicable after the position
23    becomes vacant.  Appointment of a person to fill a vacancy in
24    an elected trustee position requires a majority vote  of  the
25    elected members present at the meeting.
26        An  elected trustee shall continue in office until his or
27    her successor is elected  (or,  in  the  case  of  a  vacancy
28    occurring during a term, appointed) and has qualified, except
29    that  an  elected  trustee  shall  be  disqualified  upon the
30    termination of his or her status as a participant.
31        (d)  Each trustee must take an oath of  office  before  a
32    notary  public  of  this State and shall qualify as a trustee
33    upon the presentation to the the Board of a certified copy of
34    the  oath.   The  oath  must  state  that  the  person   will
 
                            -5-                LRB9213822EGfg
 1    diligently   and  honestly  administer  the  affairs  of  the
 2    retirement system, and will not knowingly violate or wilfully
 3    permit to be violated any provisions of this Article.
 4        Each trustee shall serve without compensation  but  shall
 5    be  reimbursed for expenses necessarily incurred in attending
 6    board meetings and carrying  out  his  or  her  duties  as  a
 7    trustee or officer of the System.
 8        (e)  This  amendatory  Act of 1995 (Public Act 89-196) is
 9    intended to supersede the changes made  to  this  Section  by
10    Public Act 89-4.
11    (Source: P.A. 89-4, eff. 1-1-96; 89-196, eff. 7-21-95.)

12        (40 ILCS 5/15-159.1 new)
13        Sec. 15-159.1. Election of trustees.
14        (a)  Election of trustees shall be by mail ballot.  By no
15    later  than  April  1  of the year of the election, the board
16    shall prepare and send ballots and ballot  envelopes  to  the
17    persons  eligible to vote as of February 1 of the year of the
18    election.   The  ballots  shall  contain  the  names  of  all
19    candidates of  the  constituency  for  which  the  person  is
20    eligible to vote, in alphabetical order.  The ballot envelope
21    shall  have on the outside a form of certificate stating that
22    the person voting the ballot is a  member  of  the  specified
23    constituency and is entitled to vote.
24        (b)  Persons  wishing  to  vote shall vote the ballot and
25    place it in the ballot envelope, seal the  envelope,  execute
26    the certificate on the envelope, and return the ballot to the
27    System.
28        (c)  The  final date for ballot return shall be May 1, or
29    if that date falls on a Saturday, Sunday, or  State  holiday,
30    then  the  next  business day.  Ballots received on or before
31    that date, in a ballot  envelope  with  a  properly  executed
32    certificate and properly voted, shall be valid ballots.
33        (d)  The  board  shall  set  a  day for counting ballots,
 
                            -6-                LRB9213822EGfg
 1    shall name judges and clerks of election to conduct the count
 2    of ballots, and shall make any rules that  may  be  necessary
 3    for the conduct of the count.
 4        (e)  Candidates  for  the office of trustee, and employee
 5    and labor organizations, shall  have  access,  at  their  own
 6    expense,  to  the  System's  participant  mailing  lists  for
 7    election purposes.

 8        Section  99.  Effective date.  This Act takes effect upon
 9    becoming law.

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