Illinois General Assembly - Full Text of HB2140
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Full Text of HB2140  93rd General Assembly

HB2140 93rd General Assembly


093_HB2140

 
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 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 Sections 9-185, 9-186, and 9-187 as follows:

 6        (40 ILCS 5/9-185) (from Ch. 108 1/2, par. 9-185)
 7        Sec. 9-185.  Board created.
 8        (a)  A  board of 9 (8 members beginning December 1, 2003)
 9    members shall constitute the board of trustees authorized  to
10    carry  out  the  provisions  of  this  Article.  The board of
11    trustees shall be known  as  "The  Retirement  Board  of  the
12    County  Employees'  Annuity and Benefit Fund of .... County".
13    The board shall consist of  2  members  appointed  and  7  (6
14    members  beginning  December  1,  2003)  members  elected  as
15    hereinafter prescribed.
16        (b)  The appointed members shall be appointed as follows:
17    One  member  shall  be  appointed  by the comptroller of such
18    county, who may be the comptroller or some person  chosen  by
19    him from among employees of the county, who are versed in the
20    affairs  of the comptroller's office; and one member shall be
21    appointed by the treasurer of such county,  who  may  be  the
22    treasurer  or  some person chosen by him from among employees
23    of  the  County  who  are  versed  in  the  affairs  of   the
24    treasurer's office.
25        The member appointed by the comptroller shall hold office
26    for a term ending on December 1st of the first year following
27    the  year of appointment.  The member appointed by the county
28    treasurer shall hold office for a term ending on December 1st
29    of the second year following the year of appointment.
30        Thereafter, each appointed member shall be  appointed  by
31    the  officer  that  appointed his predecessor for a term of 2
 
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 1    years.
 2        (c)  Three county employee members of the board shall  be
 3    elected  as  follows:  within 30 days from and after the date
 4    upon which this Article comes into effect in the county,  the
 5    clerk  of  the county shall arrange for and hold an election.
 6    One employee shall be elected for a term ending on the  first
 7    day in the month of December of the first year next following
 8    the  effective date; one for a term ending on December 1st of
 9    the following year; and one for a term ending December 1st of
10    the second following year.
11        (d)  Beginning  December  1,  1988,  and  every  3  years
12    thereafter, an annuitant member of the board shall be elected
13    as follows:  the board shall arrange for and hold an election
14    in which only those participants who are currently  receiving
15    retirement  benefits  under this Article shall be eligible to
16    vote and be elected.  Each such member shall be elected to  a
17    term  ending on the first day in the month of December of the
18    third following year.
19        (d-1)  Beginning December 1,  2001,  and  every  3  years
20    thereafter, an annuitant member of the board shall be elected
21    as follows:  the board shall arrange for and hold an election
22    in  which only those participants who are currently receiving
23    retirement benefits under this Article shall be  eligible  to
24    vote  and be elected.  Each such member shall be elected to a
25    term ending on the first day in the month of December of  the
26    third  following  year.  Until December 1, 2001, the position
27    created under this subsection (d-1)  may  be  filled  by  the
28    board as in the case of a vacancy.
29        (e)  From  Beginning  December  1, 1988 until December 1,
30    2003, if a Forest Preserve District  Employees'  Annuity  and
31    Benefit  Fund  shall be in force in such county and the board
32    of this fund is charged with  administering  the  affairs  of
33    such  annuity  and  benefit fund for employees of such forest
34    preserve district, a forest preserve district member  of  the
 
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 1    board  shall  be  elected as of December 1, 1988, and every 3
 2    years thereafter as follows:  the board shall arrange for and
 3    hold an election in which only those employees of such forest
 4    preserve district who are contributors  to  the  annuity  and
 5    benefit  fund  for employees of such forest preserve district
 6    shall be eligible to vote and be elected.  Each  such  member
 7    shall  be  elected  to  a term ending on the first day in the
 8    month of December of the third  following  year.   After  the
 9    expiration of the term of any forest preserve district member
10    ending  December  1,  2003,  no  replacement  forest preserve
11    district member shall be elected.
12        (f)  Beginning  December  1,  2001,  and  every  3  years
13    thereafter, if a Forest Preserve District Employees'  Annuity
14    and  Benefit  Fund is in force in the county and the board of
15    this Fund is charged with administering the affairs  of  that
16    annuity and benefit fund for employees of the forest preserve
17    district,  a forest preserve district annuitant member of the
18    board shall be elected as follows:  the board  shall  arrange
19    for and hold an election in which only those participants who
20    are  currently receiving retirement benefits under Article 10
21    shall be eligible to vote and be elected.  Each  such  member
22    shall  be  elected  to  a term ending on the first day in the
23    month  of  December  of  the  third  following  year.   Until
24    December 1, 2001, the position created under this  subsection
25    (f) may be filled by the board as in the case of a vacancy.
26    (Source: P.A. 92-66, eff. 7-12-01.)

27        (40 ILCS 5/9-186) (from Ch. 108 1/2, par. 9-186)
28        Sec.  9-186.  Board  elections.   In each year, the board
29    shall conduct a regular election, under rules adopted by  it,
30    at  least 30 days prior to the expiration of the term of each
31    elected employee or annuitant member.
32        To be eligible to be a county employee member,  a  person
33    must  be  an  employee of the county and must have at least 5
 
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 1    years of service credit in that capacity by December 1 of the
 2    year of election.  To be eligible to  be  a  forest  preserve
 3    district  member,  a person must be an employee of the forest
 4    preserve district and must have at least 5 years  of  service
 5    credit  in  that  capacity  by  December  1  of  the  year of
 6    election.
 7        Only those persons who are employees of the county  shall
 8    be  eligible  to vote for the 3 county employee members, only
 9    those persons  who  are  employees  of  the  forest  preserve
10    district  shall  be  eligible to vote for the forest preserve
11    district  member,  only  those  persons  who  are   currently
12    receiving  retirement  benefits  under  this Article shall be
13    eligible to vote for  the  annuitant  members  elected  under
14    subsections  (d)  and  (d-1) of Section 9-185, and only those
15    persons who are currently receiving retirement benefits under
16    Article 10 shall be eligible to vote for the forest  preserve
17    district  annuitant  member  elected  under subsection (f) of
18    Section 9-185.  The ballot shall be of secret character.
19        Except as  otherwise  provided  in  Section  9-187,  each
20    member  of the board shall hold office until his successor is
21    chosen and has qualified.
22        Any person elected or appointed a  member  of  the  board
23    shall  qualify  for the office by taking an oath of office to
24    be administered by the county clerk or a person designated by
25    him.  A copy thereof shall be  kept  in  the  office  of  the
26    county clerk.  Any appointment or notice of election shall be
27    in writing and the written instrument shall be filed with the
28    oath.
29    (Source: P.A. 92-66, eff. 7-12-01.)

30        (40 ILCS 5/9-187) (from Ch. 108 1/2, par. 9-187)
31        Sec. 9-187.  Board vacancy.
32        (a)  A  vacancy  in  the membership of the board shall be
33    filled as follows:
 
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 1        If the vacancy is  that  of  an  appointive  member,  the
 2    official  who  appointed  him shall appoint a person to serve
 3    for the unexpired term.
 4        If the vacancy is that of a county employee  member,  the
 5    remaining members of the board shall appoint a successor from
 6    among the employees of the county, who shall serve during the
 7    remainder of the unexpired term.
 8        If  the  vacancy  is  that  of a forest preserve district
 9    member, the remaining members of the board  shall  appoint  a
10    successor  from  among  the  employees of the forest preserve
11    district,  who  shall  serve  during  the  remainder  of  the
12    unexpired term.
13        If the vacancy is that of an annuitant member other  than
14    a  forest  preserve  district annuitant member, the remaining
15    members of the board shall appoint  a  successor  from  among
16    those persons who are currently receiving retirement benefits
17    under this Article.
18        If  the  vacancy  is  that  of a forest preserve district
19    annuitant member, the remaining members of  the  board  shall
20    appoint   a  successor  from  among  those  persons  who  are
21    currently receiving retirement benefits under Article 10.
22        (b)  Any county or forest preserve  district  member  who
23    withdraws  from  service  shall  automatically  cease to be a
24    member of the board.  Any  annuitant  member  (other  than  a
25    forest  preserve  district annuitant member) whose retirement
26    benefits cease under this Article, and  any  forest  preserve
27    district  annuitant  member  whose  retirement benefits cease
28    under Article 10, shall also  automatically  cease  to  be  a
29    member of the Board.
30    (Source: P.A. 92-66, eff. 7-12-01.)

31        Section  99.  Effective date.  This Act takes effect upon
32    becoming law.