093_HB3797

 
                                     LRB093 11558 EFG 14773 b

 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 16-163 and 16-165 as follows:

 6        (40 ILCS 5/16-163) (from Ch. 108 1/2, par. 16-163)
 7        Sec.  16-163.   Board  created.   A  board  of 11 members
 8    constitutes the a board of trustees authorized to  carry  out
 9    the  provisions  of  this  Article and is responsible for the
10    general administration of the System.  The board shall be  is
11    known  as  the  Board of Trustees of the Teachers' Retirement
12    System of the State of  Illinois.   The  board  shall  be  is
13    composed  of the Superintendent of Education, ex officio, who
14    shall be the president of the board; 4 persons,  not  members
15    of  the  System,  to  be appointed by the Governor, who shall
16    hold no elected State office; 4 persons who, at the  time  of
17    their  election,  are teachers, as defined in Section 16-106,
18    elected by the contributing members; and 2 annuitant  members
19    elected  by  the  annuitants  of  the  System, as provided in
20    Section 16-165.
21    (Source: P.A. 90-511, eff. 8-22-97; 91-941, eff. 2-6-01.)

22        (40 ILCS 5/16-165) (from Ch. 108 1/2, par. 16-165)
23        Sec. 16-165. Board; elected members; vacancies.
24        (a)  In each odd-numbered year, there shall be elected  2
25    teachers  who  shall  hold  office  for  a  term  of  4 years
26    beginning July 15  next  following  their  election,  in  the
27    manner  provided  under  this  Section.   An  elected teacher
28    member of the board who ceases to be a teacher as defined  in
29    Section  16-106  may  continue  to serve on the board for the
30    remainder of the term to which he or she was elected.
 
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 1        (b)  One elected annuitant trustee shall first be elected
 2    in 1987, and in every fourth year thereafter, for a term of 4
 3    years beginning July 15 next following his or her election.
 4        (c)  The  elected  annuitant  position  created  by  this
 5    amendatory Act of the 91st General Assembly shall  be  filled
 6    as soon as possible in the manner provided for vacancies, for
 7    an  initial term ending July 15, 2001.  One elected annuitant
 8    trustee shall be elected in 2001, and in  every  fourth  year
 9    thereafter,  for  a  term  of  4 years beginning July 15 next
10    following his or her election.
11        (d)  Elections shall be held on May 1, unless May 1 falls
12    on a Saturday or Sunday, in which event the election shall be
13    conducted on  the  following  Monday.   Candidates  shall  be
14    nominated  by  petitions  in writing, signed by not less than
15    500 teachers or annuitants, as the case may  be,  with  their
16    addresses shown opposite their names.  The petitions shall be
17    filed  with  the  board's Secretary not less than 90 nor more
18    than 120 days prior to May 1.  The Secretary shall  determine
19    their validity not less than 75 days before the election.
20        (e)  If,  for  either  teacher  or annuitant members, the
21    number of qualified nominees exceeds the number of  available
22    positions,  the  system  shall  prepare an appropriate ballot
23    with the names of the candidates in  alphabetical  order  and
24    shall  mail  one  copy thereof, at least 10 days prior to the
25    election day, to each teacher or annuitant of this system  as
26    of  the latest date practicable, at the latest known address,
27    together with a return envelope addressed to  the  board  and
28    also  a smaller envelope marked "For Ballot Only", and a slip
29    for signature.  Each voter, upon marking his  ballot  with  a
30    cross  mark in the square before the name of the person voted
31    for, shall place the  ballot  in  the  envelope  marked  "For
32    Ballot  Only",  seal the envelope, write on the slip provided
33    therefor his signature and address, enclose both the slip and
34    sealed envelope containing the marked ballot  in  the  return
 
                            -3-      LRB093 11558 EFG 14773 b
 1    envelope  addressed  to  the  board,  and mail it.  Whether a
 2    person is eligible to vote for the teacher  nominees  or  the
 3    annuitant  nominees  shall  be determined from system payroll
 4    records as of March 1.
 5        Upon receipt of the return envelopes,  the  system  shall
 6    open  them  and  set aside unopened the envelopes marked "For
 7    Ballot Only".  On election  day  ballots  shall  be  publicly
 8    opened  and  counted  by the trustees or canvassers appointed
 9    therefor.  Each vote cast for a candidate represents one vote
10    only.  No ballot arriving after 10 o'clock a.m.  on  election
11    day  shall  be  counted.   The  2  teacher candidates and the
12    annuitant candidate receiving the  highest  number  of  votes
13    shall be elected.  The board shall declare the results of the
14    election, keep a record thereof, and notify the candidates of
15    the results thereof within 30 days after the election.
16        If,  for  either class of members, there are only as many
17    qualified nominees as  there  are  positions  available,  the
18    balloting as described in this Section shall not be conducted
19    for  those  nominees,  and  the board shall declare them duly
20    elected.
21        (f)  A vacancy occurring in the elective membership of on
22    the board shall be filled for the unexpired term by the board
23    with a person qualified for the vacant position, selected  by
24    the remaining elected members of the board.
25    (Source: P.A. 91-941, eff. 2-6-01.)

26        Section  99.  Effective date.  This Act takes effect upon
27    becoming law.