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Public Act 92-0066
SB479 Enrolled LRB9203903EGfg
AN ACT in relation to 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 9-185, 9-186, and 9-187 as follows:
(40 ILCS 5/9-185) (from Ch. 108 1/2, par. 9-185)
Sec. 9-185. Board created.
(a) A board of 9 members 7 members shall constitute the
board of trustees authorized to carry out the provisions of
this Article. The board of trustees shall be known as "The
Retirement Board of the County Employees' Annuity and Benefit
Fund of .... County". The board shall consist of 2 members
appointed and 7 members 5 members elected as hereinafter
prescribed.
(b) The appointed members shall be appointed as follows:
One member shall be appointed by the comptroller of such
county, who may be the comptroller or some person chosen by
him from among employees of the county, who are versed in the
affairs of the comptroller's office; and one member shall be
appointed by the treasurer of such county, who may be the
treasurer or some person chosen by him from among employees
of the County who are versed in the affairs of the
treasurer's office.
The member appointed by the comptroller shall hold office
for a term ending on December 1st of the first year following
the year of appointment. The member appointed by the county
treasurer shall hold office for a term ending on December 1st
of the second year following the year of appointment.
Thereafter, each appointed member shall be appointed by
the officer that appointed his predecessor for a term of 2
years.
(c) Three county employee members of the board shall be
elected as follows: within 30 days from and after the date
upon which this Article comes into effect in the county, the
clerk of the county shall arrange for and hold an election.
One employee shall be elected for a term ending on the first
day in the month of December of the first year next following
the effective date; one for a term ending on December 1st of
the following year; and one for a term ending December 1st of
the second following year.
(d) Beginning December 1, 1988, and every 3 years
thereafter, an annuitant member of the board shall be elected
as follows: the board shall arrange for and hold an election
in which only those participants who are currently receiving
retirement or disability benefits under this Article shall be
eligible to vote and be elected. Each such member shall be
elected to a term ending on the first day in the month of
December of the third following year.
(d-1) Beginning December 1, 2001, and every 3 years
thereafter, an annuitant member of the board shall be elected
as follows: the board shall arrange for and hold an election
in which only those participants who are currently receiving
retirement benefits under this Article shall be eligible to
vote and be elected. Each such member shall be elected to a
term ending on the first day in the month of December of the
third following year. Until December 1, 2001, the position
created under this subsection (d-1) may be filled by the
board as in the case of a vacancy.
(e) Beginning December 1, 1988, if a Forest Preserve
District Employees' Annuity and Benefit Fund shall be in
force in such county and the board of this fund is charged
with administering the affairs of such annuity and benefit
fund for employees of such forest preserve district, a forest
preserve district member of the board shall be elected as of
December 1, 1988, and every 3 years thereafter as follows:
the board shall arrange for and hold an election in which
only those employees of such forest preserve district who are
contributors to the annuity and benefit fund for employees of
such forest preserve district shall be eligible to vote and
be elected. Each such member shall be elected to a term
ending on the first day in the month of December of the third
following year.
(f) Beginning December 1, 2001, and every 3 years
thereafter, if a Forest Preserve District Employees' Annuity
and Benefit Fund is in force in the county and the board of
this Fund is charged with administering the affairs of that
annuity and benefit fund for employees of the forest preserve
district, a forest preserve district annuitant member of the
board shall be elected as follows: the board shall arrange
for and hold an election in which only those participants who
are currently receiving retirement benefits under Article 10
shall be eligible to vote and be elected. Each such member
shall be elected to a term ending on the first day in the
month of December of the third following year. Until
December 1, 2001, the position created under this subsection
(f) may be filled by the board as in the case of a vacancy.
(Source: P.A. 85-964; 86-1488.)
(40 ILCS 5/9-186) (from Ch. 108 1/2, par. 9-186)
Sec. 9-186. Board elections. In each year, the board
shall conduct a regular election, under rules adopted by it,
at least 30 days prior to the expiration of the term of each
elected employee or annuitant member.
To be eligible to be a county employee member, a person
must be an employee of the county and must have at least 5
years of service credit in that capacity by December 1 of the
year of election. To be eligible to be a forest preserve
district member, a person must be an employee of the forest
preserve district and must have at least 5 years of service
credit in that capacity by December 1 of the year of
election.
Only those persons who are employees of the county shall
be eligible to vote for the 3 county employee members, only
those persons who are employees of the forest preserve
district shall be eligible to vote for the forest preserve
district member, and only those persons who are currently
receiving retirement or disability benefits under this
Article shall be eligible to vote for the annuitant members
elected under subsections (d) and (d-1) of Section 9-185, and
only those persons who are currently receiving retirement
benefits under Article 10 shall be eligible to vote for the
forest preserve district annuitant member elected under
subsection (f) of Section 9-185. The ballot shall be of
secret character.
Except as otherwise provided in Section 9-187, each
member of the board shall hold office until his successor is
chosen and has qualified.
Any person elected or appointed a member of the board
shall qualify for the office by taking an oath of office to
be administered by the county clerk or a person designated by
him. A copy thereof shall be kept in the office of the
county clerk. Any appointment or notice of election shall be
in writing and the written instrument shall be filed with the
oath.
(Source: P.A. 85-964; 86-1488.)
(40 ILCS 5/9-187) (from Ch. 108 1/2, par. 9-187)
Sec. 9-187. Board vacancy.
(a) A vacancy in the membership of the board shall be
filled as follows:
If the vacancy is that of an appointive member, the
official who appointed him shall appoint a person to serve
for the unexpired term.
If the vacancy is that of a county employee member, the
remaining members of the board shall appoint a successor from
among the employees of the county, who shall serve during the
remainder of the unexpired term.
If the vacancy is that of a forest preserve district
member, the remaining members of the board shall appoint a
successor from among the employees of the forest preserve
district, who shall serve during the remainder of the
unexpired term.
If the vacancy is that of an annuitant member other than
a forest preserve district annuitant member, the remaining
members of the board shall appoint a successor from among
those persons who are currently receiving retirement or
disability benefits under this Article.
If the vacancy is that of a forest preserve district
annuitant member, the remaining members of the board shall
appoint a successor from among those persons who are
currently receiving retirement benefits under Article 10.
(b) Any county or forest preserve district member who
withdraws from service shall automatically cease to be a
member of the board. Any annuitant member (other than a
forest preserve district annuitant member) whose retirement
or disability benefits cease under this Article, and any
forest preserve district annuitant member whose retirement
benefits cease under Article 10, shall also automatically
cease to be a member of the Board.
(Source: P.A. 85-964; 86-1488.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 31, 2001.
Approved July 12, 2001.
Effective July 12, 2001.
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