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Public Act 098-0449


 

Public Act 0449 98TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 098-0449
 
HB2767 EnrolledLRB098 07983 EFG 38072 b

    AN ACT concerning public employee benefits.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Pension Code is amended by changing
Sections 14-103.10, 17-137, 17-138, and 17-139 as follows:
 
    (40 ILCS 5/14-103.10)  (from Ch. 108 1/2, par. 14-103.10)
    Sec. 14-103.10. Compensation.
    (a) For periods of service prior to January 1, 1978, the
full rate of salary or wages payable to an employee for
personal services performed if he worked the full normal
working period for his position, subject to the following
maximum amounts: (1) prior to July 1, 1951, $400 per month or
$4,800 per year; (2) between July 1, 1951 and June 30, 1957
inclusive, $625 per month or $7,500 per year; (3) beginning
July 1, 1957, no limitation.
    In the case of service of an employee in a position
involving part-time employment, compensation shall be
determined according to the employees' earnings record.
    (b) For periods of service on and after January 1, 1978,
all remuneration for personal services performed defined as
"wages" under the Social Security Enabling Act, including that
part of such remuneration which is in excess of any maximum
limitation provided in such Act, and including any benefits
received by an employee under a sick pay plan in effect before
January 1, 1981, but excluding lump sum salary payments:
        (1) for vacation,
        (2) for accumulated unused sick leave,
        (3) upon discharge or dismissal,
        (4) for approved holidays.
    (c) For periods of service on or after December 16, 1978,
compensation also includes any benefits, other than lump sum
salary payments made at termination of employment, which an
employee receives or is eligible to receive under a sick pay
plan authorized by law.
    (d) For periods of service after September 30, 1985,
compensation also includes any remuneration for personal
services not included as "wages" under the Social Security
Enabling Act, which is deducted for purposes of participation
in a program established pursuant to Section 125 of the
Internal Revenue Code or its successor laws.
    (e) For members for which Section 1-160 applies for periods
of service on and after January 1, 2011, all remuneration for
personal services performed defined as "wages" under the Social
Security Enabling Act, excluding remuneration that is in excess
of the annual earnings, salary, or wages of a member or
participant, as provided in subsection (b-5) of Section 1-160,
but including any benefits received by an employee under a sick
pay plan in effect before January 1, 1981. Compensation shall
exclude lump sum salary payments:
        (1) for vacation;
        (2) for accumulated unused sick leave;
        (3) upon discharge or dismissal; and
        (4) for approved holidays.
    (f) Notwithstanding the other provisions of this Section,
for service on or after July 1, 2013, "compensation" does not
include any stipend payable to an employee for service on a
board or commission.
(Source: P.A. 96-1490, eff. 1-1-11.)
 
    (40 ILCS 5/17-137)  (from Ch. 108 1/2, par. 17-137)
    Sec. 17-137. Board created. There shall be elected a Board
of Trustees, herein also referred to as the "Board", to
administer and control the Fund created by this Article. The
Board shall consist of 12 members, 2 of whom shall be members
of the Board of Education, 6 of whom shall be contributors who
are not administrators principals, one of whom shall be a
contributor who is an administrator a principal, and 3 of whom
shall be pensioners, all to be chosen as provided in this
Article.
(Source: P.A. 89-136, eff. 7-14-95; 90-566, eff. 1-2-98.)
 
    (40 ILCS 5/17-138)  (from Ch. 108 1/2, par. 17-138)
    Sec. 17-138. Board membership. At the first meeting of the
Board of Education in November of each year, the Board of
Education shall appoint one of its members to serve, while a
member of the Board of Education, on the Board of Trustees for
a term of 2 years.
    During the first week of November, On the last school day
of the 4th week of October of each year there shall be elected
2 members of the Board from the teachers other than
administrators principals, who shall hold office for terms of 3
years, provided the trustee retains his or her while retaining
their status as a teacher teachers other than an administrator
principals, and other members to fill any unexpired terms. In
the event that schools are not in session on or during the week
prior to the last Friday in October, this election shall be
held on the Friday of the first subsequent full week of school.
The election shall be by secret ballot conducted in person or
by secure electronic ballot, and shall be held in such manner
as the Board by bylaws or rules shall provide. Only teachers
who are not administrators principals shall be eligible to vote
in the election.
    During the first week of November of 1995 and every third
year thereafter, one contributor who is an administrator a
principal shall be elected a member of the Board. This trustee
shall hold office for a term of 3 years, provided the trustee
retains while retaining his or her status as an administrator a
principal. The election shall be by mail ballot or by secure
electronic ballot, and only contributors who are
administrators principals shall be eligible to vote. The
election shall be held in the manner provided by the Board by
rule or bylaw.
    During the first week of November of each odd-numbered year
there shall be elected 3 members of the Board from the
pensioners, who shall hold office for a term of 2 years while
retaining their status as pensioners. The election shall be by
mail ballot or secure electronic ballot to all service and
disability pensioners, and shall be held in such manner as the
Board by bylaws or rules shall provide.
    All trustees, while members of the Board of Education or
while administrators principals, teachers other than
administrators principals, or pensioners, as the case may be,
shall hold their offices until their successors shall have been
appointed or elected and qualified by subscribing to the
constitutional oath of office at the immediately succeeding
regular meeting of the Board.
(Source: P.A. 89-136, eff. 7-14-95; 90-566, eff. 1-2-98.)
 
    (40 ILCS 5/17-139)  (from Ch. 108 1/2, par. 17-139)
    Sec. 17-139. Board elections and vacancies.
    (1) Contributors other than administrators principals
election. Every member who is not a principal or an
administrator may vote at the election for as many persons as
there are trustees to be elected by the contributors who are
not principals or administrators, provided that the
contributor obtained that voter eligibility status on or before
October 1 of the election year. The name of a candidate shall
not be placed on printed upon the ballot unless he or she has
been assigned on a regular certificate for at least 10 years in
the Chicago public schools or charter schools and nominated by
a petition signed by not less than 200 contributors who are not
principals or administrators.
    Petitions shall be filed with the recording secretary of
the Fund on or after September 15 of each year and not later
than October 1st of that year. No more than one candidate may
be nominated by any one petition. If the nominations do not
exceed the number of candidates to be elected, the canvassing
board shall declare the nominated candidates elected.
Otherwise, candidates receiving the highest number of votes
cast for their respective terms shall be declared elected. The
location and number of polling places shall be designated by
the Board. The election shall be conducted by the teachers who
are not principals or administrators, and the judges of the
election shall be selected from the teachers who are not
principals or administrators, in such manner as the board in
its bylaws or rules provides.
    Elections to fill vacancies on the Board shall be held at
the next annual election.
    (2) Pensioners election. The name of a candidate shall not
be placed printed on the ballot unless he or she has been
nominated by a petition signed by not less than 100 pensioners
of the Fund. Petitions shall be filed with the recording
secretary of the Fund on or before October 1 of the
odd-numbered year. If the nominations do not exceed 3, the
mailing of ballots shall be eliminated and the nominated
candidates shall be declared elected. Otherwise, the 3
candidates receiving the highest number of votes cast shall be
declared elected. The mailing and counting of the ballots shall
be conducted by the office of the Fund with volunteer
assistance from pensioners at the request of the Board.
    (3) Administrators Principals election. The name of a
candidate shall not be placed printed on the ballot unless he
or she has been nominated by a petition signed by at least 25
contributors who are principals or administrators. Petitions
shall be filed with the recording secretary of the Fund on or
before October 1 of the election year. Every member who is a
principal or an administrator may vote at the election for one
candidate who is a contributor who is an administrator,
provided that the member obtained such voter eligibility status
on or before October 1 of the election year a principal. If
only one eligible candidate is nominated, the election shall
not be held and the nominated candidate shall be declared
elected. Otherwise, the candidate receiving the highest number
of votes cast shall be declared elected. The mailing and
counting of the ballots shall be conducted by the office of the
Fund.
    (4) Vacancies. The Board may fill vacancies occurring in
the membership of the Board elected by the principals,
administrators, teachers other than principals or
administrators, or pensioners at any regular meeting of the
Board. The Board of Education may fill vacancies occurring in
the membership of the Board appointed by the Board of Education
at any regular meeting of the Board of Education.
(Source: P.A. 94-514, eff. 8-10-05.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/16/2013