HB2767 EnrolledLRB098 07983 EFG 38072 b

1    AN ACT concerning public employee benefits.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Pension Code is amended by changing
5Sections 14-103.10, 17-137, 17-138, and 17-139 as follows:
 
6    (40 ILCS 5/14-103.10)  (from Ch. 108 1/2, par. 14-103.10)
7    Sec. 14-103.10. Compensation.
8    (a) For periods of service prior to January 1, 1978, the
9full rate of salary or wages payable to an employee for
10personal services performed if he worked the full normal
11working period for his position, subject to the following
12maximum amounts: (1) prior to July 1, 1951, $400 per month or
13$4,800 per year; (2) between July 1, 1951 and June 30, 1957
14inclusive, $625 per month or $7,500 per year; (3) beginning
15July 1, 1957, no limitation.
16    In the case of service of an employee in a position
17involving part-time employment, compensation shall be
18determined according to the employees' earnings record.
19    (b) For periods of service on and after January 1, 1978,
20all remuneration for personal services performed defined as
21"wages" under the Social Security Enabling Act, including that
22part of such remuneration which is in excess of any maximum
23limitation provided in such Act, and including any benefits

 

 

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1received by an employee under a sick pay plan in effect before
2January 1, 1981, but excluding lump sum salary payments:
3        (1) for vacation,
4        (2) for accumulated unused sick leave,
5        (3) upon discharge or dismissal,
6        (4) for approved holidays.
7    (c) For periods of service on or after December 16, 1978,
8compensation also includes any benefits, other than lump sum
9salary payments made at termination of employment, which an
10employee receives or is eligible to receive under a sick pay
11plan authorized by law.
12    (d) For periods of service after September 30, 1985,
13compensation also includes any remuneration for personal
14services not included as "wages" under the Social Security
15Enabling Act, which is deducted for purposes of participation
16in a program established pursuant to Section 125 of the
17Internal Revenue Code or its successor laws.
18    (e) For members for which Section 1-160 applies for periods
19of service on and after January 1, 2011, all remuneration for
20personal services performed defined as "wages" under the Social
21Security Enabling Act, excluding remuneration that is in excess
22of the annual earnings, salary, or wages of a member or
23participant, as provided in subsection (b-5) of Section 1-160,
24but including any benefits received by an employee under a sick
25pay plan in effect before January 1, 1981. Compensation shall
26exclude lump sum salary payments:

 

 

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1        (1) for vacation;
2        (2) for accumulated unused sick leave;
3        (3) upon discharge or dismissal; and
4        (4) for approved holidays.
5    (f) Notwithstanding the other provisions of this Section,
6for service on or after July 1, 2013, "compensation" does not
7include any stipend payable to an employee for service on a
8board or commission.
9(Source: P.A. 96-1490, eff. 1-1-11.)
 
10    (40 ILCS 5/17-137)  (from Ch. 108 1/2, par. 17-137)
11    Sec. 17-137. Board created. There shall be elected a Board
12of Trustees, herein also referred to as the "Board", to
13administer and control the Fund created by this Article. The
14Board shall consist of 12 members, 2 of whom shall be members
15of the Board of Education, 6 of whom shall be contributors who
16are not administrators principals, one of whom shall be a
17contributor who is an administrator a principal, and 3 of whom
18shall be pensioners, all to be chosen as provided in this
19Article.
20(Source: P.A. 89-136, eff. 7-14-95; 90-566, eff. 1-2-98.)
 
21    (40 ILCS 5/17-138)  (from Ch. 108 1/2, par. 17-138)
22    Sec. 17-138. Board membership. At the first meeting of the
23Board of Education in November of each year, the Board of
24Education shall appoint one of its members to serve, while a

 

 

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1member of the Board of Education, on the Board of Trustees for
2a term of 2 years.
3    During the first week of November, On the last school day
4of the 4th week of October of each year there shall be elected
52 members of the Board from the teachers other than
6administrators principals, who shall hold office for terms of 3
7years, provided the trustee retains his or her while retaining
8their status as a teacher teachers other than an administrator
9principals, and other members to fill any unexpired terms. In
10the event that schools are not in session on or during the week
11prior to the last Friday in October, this election shall be
12held on the Friday of the first subsequent full week of school.
13The election shall be by secret ballot conducted in person or
14by secure electronic ballot, and shall be held in such manner
15as the Board by bylaws or rules shall provide. Only teachers
16who are not administrators principals shall be eligible to vote
17in the election.
18    During the first week of November of 1995 and every third
19year thereafter, one contributor who is an administrator a
20principal shall be elected a member of the Board. This trustee
21shall hold office for a term of 3 years, provided the trustee
22retains while retaining his or her status as an administrator a
23principal. The election shall be by mail ballot or by secure
24electronic ballot, and only contributors who are
25administrators principals shall be eligible to vote. The
26election shall be held in the manner provided by the Board by

 

 

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1rule or bylaw.
2    During the first week of November of each odd-numbered year
3there shall be elected 3 members of the Board from the
4pensioners, who shall hold office for a term of 2 years while
5retaining their status as pensioners. The election shall be by
6mail ballot or secure electronic ballot to all service and
7disability pensioners, and shall be held in such manner as the
8Board by bylaws or rules shall provide.
9    All trustees, while members of the Board of Education or
10while administrators principals, teachers other than
11administrators principals, or pensioners, as the case may be,
12shall hold their offices until their successors shall have been
13appointed or elected and qualified by subscribing to the
14constitutional oath of office at the immediately succeeding
15regular meeting of the Board.
16(Source: P.A. 89-136, eff. 7-14-95; 90-566, eff. 1-2-98.)
 
17    (40 ILCS 5/17-139)  (from Ch. 108 1/2, par. 17-139)
18    Sec. 17-139. Board elections and vacancies.
19    (1) Contributors other than administrators principals
20election. Every member who is not a principal or an
21administrator may vote at the election for as many persons as
22there are trustees to be elected by the contributors who are
23not principals or administrators, provided that the
24contributor obtained that voter eligibility status on or before
25October 1 of the election year. The name of a candidate shall

 

 

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1not be placed on printed upon the ballot unless he or she has
2been assigned on a regular certificate for at least 10 years in
3the Chicago public schools or charter schools and nominated by
4a petition signed by not less than 200 contributors who are not
5principals or administrators.
6    Petitions shall be filed with the recording secretary of
7the Fund on or after September 15 of each year and not later
8than October 1st of that year. No more than one candidate may
9be nominated by any one petition. If the nominations do not
10exceed the number of candidates to be elected, the canvassing
11board shall declare the nominated candidates elected.
12Otherwise, candidates receiving the highest number of votes
13cast for their respective terms shall be declared elected. The
14location and number of polling places shall be designated by
15the Board. The election shall be conducted by the teachers who
16are not principals or administrators, and the judges of the
17election shall be selected from the teachers who are not
18principals or administrators, in such manner as the board in
19its bylaws or rules provides.
20    Elections to fill vacancies on the Board shall be held at
21the next annual election.
22    (2) Pensioners election. The name of a candidate shall not
23be placed printed on the ballot unless he or she has been
24nominated by a petition signed by not less than 100 pensioners
25of the Fund. Petitions shall be filed with the recording
26secretary of the Fund on or before October 1 of the

 

 

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1odd-numbered year. If the nominations do not exceed 3, the
2mailing of ballots shall be eliminated and the nominated
3candidates shall be declared elected. Otherwise, the 3
4candidates receiving the highest number of votes cast shall be
5declared elected. The mailing and counting of the ballots shall
6be conducted by the office of the Fund with volunteer
7assistance from pensioners at the request of the Board.
8    (3) Administrators Principals election. The name of a
9candidate shall not be placed printed on the ballot unless he
10or she has been nominated by a petition signed by at least 25
11contributors who are principals or administrators. Petitions
12shall be filed with the recording secretary of the Fund on or
13before October 1 of the election year. Every member who is a
14principal or an administrator may vote at the election for one
15candidate who is a contributor who is an administrator,
16provided that the member obtained such voter eligibility status
17on or before October 1 of the election year a principal. If
18only one eligible candidate is nominated, the election shall
19not be held and the nominated candidate shall be declared
20elected. Otherwise, the candidate receiving the highest number
21of votes cast shall be declared elected. The mailing and
22counting of the ballots shall be conducted by the office of the
23Fund.
24    (4) Vacancies. The Board may fill vacancies occurring in
25the membership of the Board elected by the principals,
26administrators, teachers other than principals or

 

 

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1administrators, or pensioners at any regular meeting of the
2Board. The Board of Education may fill vacancies occurring in
3the membership of the Board appointed by the Board of Education
4at any regular meeting of the Board of Education.
5(Source: P.A. 94-514, eff. 8-10-05.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.