HB3827 97TH GENERAL ASSEMBLY

LRB097 13781 AMC 58340 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3827

Introduced 10/5/2011, by Rep. Tom Cross - Darlene J. Senger

SYNOPSIS AS INTRODUCED:

See Index

Amends the Illinois Pension Code. Provides that any reasonable suspicion by any appointed or elected commissioner, trustee, director, board member, or employee of a retirement system or pension fund created under the Code or the State Board of Investment of a false statement or falsified record being submitted or permitted by a person under the Code shall be immediately referred to the board of trustees of a retirement system or pension fund created under the Code or the State Board of Investment or the State's Attorney of the jurisdiction where the alleged fraudulent activity occurred, and that the board of trustees of a retirement system or pension fund or the State Board of Investment shall immediately notify the State's Attorney of the jurisdiction where any alleged fraudulent activity occurred for investigation; Amends the Chicago Police, Chicago Firefighter, Chicago Municipal, Chicago Laborers, Chicago Park District, and Chicago Teacher Articles of the Illinois Pension Code to terminate the existing pension boards 90 days after the effective date of the amendatory Act and to provide for a new board comprised of 4 members appointed by the Mayor of the City of Chicago and 3 elected members representing active members and annuitant members of the fund. Amends the Cook County Article of the Illinois Pension Code to terminate the existing board of trustees 90 days after the effective date of the amendatory Act and to provide for a new board comprised of 5 members appointed by the President of the Cook County Board of Commissioners and 4 elected members representing active and annuitant members of the fund. Effective immediately.

FISCAL NOTE ACT MAY APPLY

PENSION IMPACT NOTE ACT MAY APPLY

A BILL FOR

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 1-114, 1-135, 5-178, 6-174, 8-192, 9-185, 11-181, 12-156, 17-137, 17-138, and 17-139 as follows:

(40 ILCS 5/1-114) (from Ch. 108 1/2, par. 1-114)

Sec. 1-114. Liability for Breach of Fiduciary Duty. (a) Any person who is a fiduciary with respect to a retirement system or pension fund established under this Code who breaches any duty imposed upon fiduciaries by this Code, including, but not limited to, a failure to report a reasonable suspicion of a false statement specified in Section 1-135 of this Code, shall be personally liable to make good to such retirement system or pension fund any losses to it resulting from each such breach, and to restore to such retirement system or pension fund any profits of such fiduciary which have been made through use of assets of the retirement system or pension fund by the fiduciary, and shall be subject to such equitable or remedial relief as the court may deem appropriate, including the removal of such fiduciary.

(b) No person shall be liable with respect to a breach of fiduciary duty under this Code if such breach occurred before such person became a fiduciary or after such person ceased to be a fiduciary.

(Source: P.A. 82-960.)

(40 ILCS 5/1-135)

Sec. 1-135. Fraud. Any person who knowingly makes any false statement or falsifies or permits to be falsified any record of a retirement system or pension fund created under this Code or the Illinois State Board of Investment in an attempt to defraud the retirement system or pension fund created under this Code or the Illinois State Board of Investment is guilty of a Class 3 felony. Any reasonable suspicion by any appointed or elected commissioner, trustee, director, board member, or employee of a retirement system or pension fund created under this Code or the State Board of Investment of a false statement or falsified record being submitted or permitted by a person under this Code shall be immediately referred to the board of trustees of a retirement system or pension fund created under this Code or the State Board of Investment or the State's Attorney of the jurisdiction where the alleged fraudulent activity occurred. The board of trustees of a retirement system or pension fund created under this Code or the State Board of Investment shall immediately notify the State's Attorney of the jurisdiction where any alleged fraudulent activity occurred for investigation.

(Source: P.A. 96-6, eff. 4-3-09.)

(40 ILCS 5/5-178) (from Ch. 108 1/2, par. 5-178)

Sec. 5-178. Board created. Until 90 days after the effective date of this amendatory Act of the 97th General Assembly, a A board of 8 members shall constitute a board of trustees authorized to administer the provisions of this Article. The board shall be known as the Retirement Board of the Policemen's Annuity and Benefit Fund of the city.

The board shall consist of 4 persons appointed by the mayor of the city; 3 policemen employed by the city, at least one of whom shall be a lieutenant or of a rank superior to lieutenant, one of whom shall be of the rank of sergeant, and one of whom shall be of the rank of investigator or a rank inferior to that rank; and one annuitant of the fund, or a pensioner of any prior police pension fund in operation, by authority of law, in the city. Children less than age 18 shall not be eligible for board membership. The term of office for all members shall be 3 years. For the election to be held in 2008 only, the terms for the member who is a lieutenant or of a rank superior to lieutenant and the member who is a sergeant shall be 3 years and the terms for the member who is an investigator or a rank inferior to that rank and the annuitant member shall be 4 years. After the terms of the 2008 election are completed, the terms revert to 3-year terms for each elected trustee. Upon his election, the member holding the rank of investigator or a rank inferior to that rank shall be detailed by the Police Superintendent to the office of the board for the duration of his term as trustee.

The members of a retirement board holding office in a city at the time this Article becomes effective, including elected, appointed and ex-officio members, shall continue in office until the expiration of their respective terms or appointment and until their respective successors are elected or appointed, and qualified.

At least 30 days prior to the expiration of the term of office of each appointive member the mayor shall appoint a successor for a term of 3 years.

The board shall conduct a regular election at least 30 days prior to the expiration of the terms of the active policemen members and annuitant or beneficiary members for election of a successor of each such member for a term of 3 years.

Any member of the board so appointed or elected shall continue in office until his successor is selected and has qualified.

Any person so appointed or elected shall qualify by taking an oath of office. A copy thereof shall be kept in the office of the city clerk of the city.

Notwithstanding any other provision of this Section, the term of any person appointed or elected under this Section before the effective date of this amendatory Act of the 97th General Assembly expires 90 days after the effective date of this amendatory Act of the 97th General Assembly.

Beginning 90 days after the effective date of this amendatory Act of the 97th General Assembly, the board shall be comprised of 4 appointed members and 3 elected members. The appointed members shall be appointed by the Mayor of the City of Chicago for a term that expires on the same date as that of the Mayor of the City of Chicago and until a successor is appointed and qualified. The appointed members of the board shall not be an active participant or annuitant of the Fund or an elected official.

Two members of the board representing active members of the Fund created under this Article shall be elected to the board as follows: the board shall arrange for and hold an election in which only those active participants under this Article shall be eligible to vote and be elected. The members elected to the board under this paragraph shall serve for a term of 4 years beginning 90 days after the effective date of this amendatory Act of the 97th General Assembly.

One member of the board representing annuitant members of the Fund created under this Article shall be elected to the board as follows: the board shall arrange for and hold an election in which only those annuitant members under this Article shall be eligible to vote and be elected. The member elected to the board under this paragraph shall serve for a term of 4 years beginning 90 days after the effective date of this amendatory Act of the 97th General Assembly.

(Source: P.A. 95-1036, eff. 2-17-09.)

(40 ILCS 5/6-174) (from Ch. 108 1/2, par. 6-174)

Sec. 6-174. Board created. Until 90 days after the effective date of this amendatory Act of the 97th General Assembly, a A board of 8 members shall constitute a board of trustees authorized to administer the provisions of this Article. The board shall be known as the Retirement Board of the Firemen's Annuity and Benefit Fund of the city.

The board shall consist of the city treasurer, the city comptroller, the city clerk, a deputy fire commissioner designated by the fire commissioner of the city, 3 firemen employed by the city, and 1 annuitant of the fund or a fireman pensioner of any prior firemen's pension fund in operation, by authority of law, in the city. Children less than age 18 shall not be eligible for membership.

The members of a retirement board holding office at the time this Article becomes effective, including elected and ex officio members, shall continue in office until the expiration of their respective terms or appointment and until their respective successors are elected or appointed, and qualified.

In a city which first attains a population of over 500,000 and comes under the provisions of this Article, the active firemen members of the board of trustees of any firemen's pension fund then in effect in such city and the member of such board who was chosen from the retired members of such fund shall become members of the board as follows:

(a) The active fireman member for whom the highest number of votes was cast and counted at the most recent election for board members shall become a member of the retirement board for a term which shall end on December 1st of the third year after the year in which this Article comes into force in the city; the member of the board for whom the second highest number of votes was cast and counted at such election shall become a member of the retirement board for a term which shall end on December 1st of the second year after the year in which this Article comes into force in the city; and the member of the board for whom the third highest number of votes was cast and counted at such election shall become a member of the retirement board for a term which shall end on December 1st of the first year after the year in which this Article comes into force in the city.

(b) The annuitant member of the pension fund shall become a member of the board for a term which shall end on December 1st of the second year after the year in which this Article comes into force in the city.

The board shall conduct regular elections annually, at least 30 days prior to the expiration of the term of the active fireman member of the board whose term next expires, for the election of a successor for a term of 3 years. The board also shall conduct regular elections biennially, at least 30 days prior to the expiration of the term of the member who is a pensioner of any pension fund formerly in effect in such city or an annuitant of the annuity and benefit fund herein provided, for the election of a successor to such member for a term of 2 years.

Any member of the board, elected as aforesaid, shall continue in office until his successor is elected and qualified.

Each member of the board, before entering upon the duties of his office, shall take the oath prescribed by the Constitution of this State, which oath shall be filed in the office of the city clerk of the city.

Notwithstanding any other provision of this Section, the term of any person appointed or elected under this Section before the effective date of this amendatory Act of the 97th General Assembly expires 90 days after the effective date of this amendatory Act of the 97th General Assembly.

Beginning 90 days after the effective date of this amendatory Act of the 97th General Assembly, the board shall be comprised of 4 appointed members and 3 elected members. The appointed members shall be appointed by the Mayor of the City of Chicago for a term that expires on the same date as that of the Mayor of the City of Chicago and until a successor is appointed and qualified. The appointed members of the board shall not be an active participant or annuitant of the Fund or an elected official.

Two members of the board representing active members of the Fund created under this Article shall be elected to the board as follows: the board shall arrange for and hold an election in which only those active participants under this Article shall be eligible to vote and be elected. The members elected to the board under this paragraph shall serve for a term of 4 years beginning 90 days after the effective date of this amendatory Act of the 97th General Assembly.

One member of the board representing annuitant members of the Fund created under this Article shall be elected to the board as follows: the board shall arrange for and hold an election in which only those annuitant members under this Article shall be eligible to vote and be elected. The member elected to the board under this paragraph shall serve for a term of 4 years beginning 90 days after the effective date of this amendatory Act of the 97th General Assembly.

(Source: P.A. 86-273.)

(40 ILCS 5/8-192) (from Ch. 108 1/2, par. 8-192)

Sec. 8-192. Board created. Until 90 days after the effective date of this amendatory Act of the 97th General Assembly, a A board of 5 members shall constitute a Board of Trustees authorized to carry out the provisions of this Article. The board shall be known as the Retirement Board of the Municipal Employees', Officers', and Officials' Annuity and Benefit Fund of the city, or for the sake of brevity may also be known and referred to as the Retirement Board of the Municipal Employees' Annuity and Benefit Fund of such city. The board shall consist of the city comptroller, the city treasurer, and 3 members who shall be employees, to be elected as follows:

Within 30 days after the effective date, the mayor of the city 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 December 1st of the following year; and one for a term ending on December 1st of the second following year.

The city comptroller, with the approval of the board, may appoint a designee from among employees of the city who are versed in the affairs of the comptroller's office to act in the absence of the comptroller on all matters pertaining to administering the provisions of this Article.

The city treasurer, with the approval of the board, may appoint a designee from among employees of the city who are versed in the affairs of the treasurer's office to act in the absence of the treasurer on all matters pertaining to administering the provisions of this Article.

The members of a Retirement Board of a municipal employees', officers', and officials' annuity and benefit fund holding office in a city at the time this Article becomes effective, including elective and ex-officio members, shall continue in office until the expiration of their terms and until their respective successors are elected or appointed and have qualified.

An employee member who takes advantage of the early retirement incentives provided under this amendatory Act of the 93rd General Assembly may continue as a member until the end of his or her term.

Notwithstanding any other provision of this Section, the term of any person appointed or elected under this Section before the effective date of this amendatory Act of the 97th General Assembly expires 90 days after the effective date of this amendatory Act of the 97th General Assembly.

Beginning 90 days after the effective date of this amendatory Act of the 97th General Assembly, the board shall be comprised of 4 appointed members and 3 elected members. The appointed members shall be appointed by the Mayor of the City of Chicago for a term that expires on the same date as that of the Mayor of the City of Chicago and until a successor is appointed and qualified. The appointed members of the board shall not be an active participant or annuitant of the Fund or an elected official.

Two members of the board representing active members of the Fund created under this Article shall be elected to the board as follows: the board shall arrange for and hold an election in which only those active participants under this Article shall be eligible to vote and be elected. The members elected to the board under this paragraph shall serve for a term of 4 years beginning 90 days after the effective date of this amendatory Act of the 97th General Assembly.

One member of the board representing annuitant members of the Fund created under this Article shall be elected to the board as follows: the board shall arrange for and hold an election in which only those annuitant members under this Article shall be eligible to vote and be elected. The member elected to the board under this paragraph shall serve for a term of 4 years beginning 90 days after the effective date of this amendatory Act of the 97th General Assembly.

(Source: P.A. 96-1427, eff. 1-1-11.)

(40 ILCS 5/9-185) (from Ch. 108 1/2, par. 9-185)

Sec. 9-185. Board created.

(a) A board of 9 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". Beginning 90 days after the effective date of this amendatory Act of the 97th General Assembly, the The board shall consist of 5 2 members appointed and 4 7 members elected as hereinafter prescribed.

(b) Until 90 days after the effective date of this amendatory Act of the 97th General Assembly, the 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.

Notwithstanding any other provision of this Section, the term of any person appointed under this subsection (b) expires 90 days after the effective date of this amendatory Act of the 97th General Assembly.

(c) Until 90 days after the effective date of this amendatory Act of the 97th General Assembly, 3 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.

Notwithstanding any other provision of this Section, the term of any person elected under this subsection expires 90 days after the effective date of this amendatory Act of the 97th General Assembly.

(d) Beginning December 1, 1988, and every 3 years thereafter until 90 days after the effective date of this amendatory Act of the 97th General Assembly, 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.

Notwithstanding any other provision of this Section, the term of any person elected under this subsection expires 90 days after the effective date of this amendatory Act of the 97th General Assembly.

(d-1) Beginning December 1, 2001, and every 3 years thereafter until 90 days after the effective date of this amendatory Act of the 97th General Assembly, 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.

Notwithstanding any other provision of this Section, the term of any person elected under this subsection expires 90 days after the effective date of this amendatory Act of the 97th General Assembly.

(e) Beginning December 1, 1988 and until 90 days after the effective date of this amendatory Act of the 97th General Assembly, 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.

Notwithstanding any other provision of this Section, the term of any person elected under this subsection expires 90 days after the effective date of this amendatory Act of the 97th General Assembly.

(f) Beginning December 1, 2001, and every 3 years thereafter until 90 days after the effective date of this amendatory Act of the 97th General Assembly, 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.

Notwithstanding any other provision of this Section, the term of any person elected under this subsection expires 90 days after the effective date of this amendatory Act of the 97th General Assembly.

(g) Beginning 90 days after the effective date of this amendatory Act of the 97th General Assembly, the appointed members shall be appointed by the President of the Cook County Board of Commissioners. Each appointed member shall be appointed for a term expiring on the same date as that of the President of the Cook County Board of Commissioners and until their successors are appointed and qualified. The appointed members of the board shall not be an active participant or annuitant of the Fund or an elected official.

(h) A member of the board representing active members of the Fund created under this Article shall be elected to the board as follows: the board shall arrange for and hold an election in which only those active participants under this Article shall be eligible to vote and be elected. The person first elected to the board under this subsection shall serve for a term of 2 years, beginning 90 days after the effective date of this amendatory Act of the 97th General Assembly. Thereafter, each person so elected shall serve for a term of 4 years.

(i) A member of the board representing annuitant members of the Fund created under this Article shall be elected to the board as follows: the board shall arrange for and hold an election in which only those annuitant members under this Article shall be eligible to vote and be elected. Each person selected under this subsection shall serve for a term of 4 years, with the term of the first person so elected beginning 90 days after the effective date of this amendatory Act of the 97th General Assembly.

(j) A member of the board representing active members of the Fund created under Article 10 shall be elected to the board as follows: the board shall arrange for and hold an election in which only those active participants under Article 10 shall be eligible to vote and be elected. The person first elected to the board under this subsection shall serve for a term of 2 years, beginning 90 days after the effective date of this amendatory Act of the 97th General Assembly. Thereafter, each person so elected shall serve for a term of 4 years.

(k) A member of the board representing annuitant members of the Fund created under Article 10 shall be elected to the board as follows: the board shall arrange for and hold an election in which only those annuitant members under Article 10 shall be eligible to vote and be elected. Each person selected under this subsection shall serve for term of 4 years, with the term of the first person so elected beginning 90 days after the effective date of this amendatory Act of the 97th General Assembly.

(Source: P.A. 92-66, eff. 7-12-01.)

(40 ILCS 5/11-181) (from Ch. 108 1/2, par. 11-181)

Sec. 11-181. Board created. Until 90 days after the effective date of this amendatory Act of the 97th General Assembly, a A board of 8 members shall constitute the board of trustees authorized to carry out the provisions of this Article. The board shall be known as the Retirement Board of the Laborers' and Retirement Board Employees' Annuity and Benefit Fund of the city. The board shall consist of 5 persons appointed and 2 employees and one annuitant elected in the manner hereinafter prescribed.

The appointed members of the board shall be appointed as follows:

One member shall be appointed by the comptroller of the city, who may be himself or anyone chosen from among employees of the city who are versed in the affairs of the comptroller's office; one member shall be appointed by the City Treasurer of the city, who may be himself or a person chosen from among employees of the city who are versed in the affairs of the City Treasurer's office; one member shall be an employee of the city appointed by the president of the local labor organization representing a majority of the employees participating in the Fund; and 2 members shall be appointed by the civil service commission or the Department of Personnel of the city from among employees of the city who are versed in the affairs of the civil service commission's office or the Department of Personnel.

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 City Treasurer shall hold office for a term ending on December 1st of the second year following the year of appointment. The member appointed by the civil service commission shall hold office for a term ending on the first day in the month of December of the third year following the year of appointment. The additional member appointed by the civil service commission under this amendatory Act of 1998 shall hold office for an initial term ending on December 1, 2000, and the member appointed by the labor organization president shall hold office for an initial term ending on December 1, 2001. Thereafter each appointive member shall be appointed by the officer or body that appointed his predecessor, for a term of 3 years.

The 2 employee members of the board shall be elected as follows:

Within 30 days from and after the appointive members have been appointed and have qualified, the appointive members shall arrange for and hold an election.

One employee shall be elected for a term ending on December 1st of the first year next following the effective date; one for a term ending on December 1st of the following year.

An employee member who takes advantage of the early retirement incentives provided under this amendatory Act of the 93rd General Assembly may continue as a member until the end of his or her term.

The initial annuitant member shall be appointed by the other members of the board for an initial term ending on December 1, 1999. The annuitant member elected in 1999 shall be deemed to have been elected for a 3-year term ending on December 1, 2002. Thereafter, the annuitant member shall be elected for a 3-year term ending on December 1st of the third year following the election.

Notwithstanding any other provision of this Section, the term of any person appointed or elected under this Section before the effective date of this amendatory Act of the 97th General Assembly expires 90 days after the effective date of this amendatory Act of the 97th General Assembly.

Beginning 90 days after the effective date of this amendatory Act of the 97th General Assembly, the board shall be comprised of 4 appointed members and 3 elected members. The appointed members shall be appointed by the Mayor of the City of Chicago for a term that expires on the same date as that of the Mayor of the City of Chicago and until a successor is appointed and qualified. The appointed members of the board shall not be an active participant or annuitant of the Fund or an elected official.

Two members of the board representing active members of the Fund created under this Article shall be elected to the board as follows: the board shall arrange for and hold an election in which only those active participants under this Article shall be eligible to vote and be elected. The members elected to the board under this paragraph shall serve for a term of 4 years beginning 90 days after the effective date of this amendatory Act of the 97th General Assembly.

One member of the board representing annuitant members of the Fund created under this Article shall be elected to the board as follows: the board shall arrange for and hold an election in which only those annuitant members under this Article shall be eligible to vote and be elected. The member elected to the board under this paragraph shall serve for a term of 4 years beginning 90 days after the effective date of this amendatory Act of the 97th General Assembly.

(Source: P.A. 93-654, eff. 1-16-04.)

(40 ILCS 5/12-156) (from Ch. 108 1/2, par. 12-156)

Sec. 12-156. Board created. Until 90 days after the effective date of this amendatory Act of the 97th General Assembly, a A board composed of 7 members shall constitute a Board of Trustees authorized to carry out the provisions of this Article. Such Board of Trustees shall be known as the Retirement Board of the Park Employees' and Retirement Board Employees' Annuity and Benefit Fund.

Three members of such board shall be appointed by the board of park commissioners for terms of 3 years. Four members of such board shall be elected from among the employees for terms of 4 years who shall serve until their respective successors have been elected and have qualified.

The members of the board of a fund holding office at the time this Article becomes effective, including elected and appointed members, shall continue in office until the expiration of their respective terms or appointments and until their respective successors are appointed or elected and have qualified. When the term of any appointed member expires, the board of park commissioners shall appoint a successor.

The board shall conduct regular elections annually under rules which shall be adopted by it for the election of successors to members of the board whose terms shall expire. All employees who are included under the provisions of this Article shall be entitled to vote. The ballots shall be of secret character.

Each person elected or appointed to membership upon the board shall take a written oath of office that he will, so far as it devolves upon him, diligently and honestly administer the affairs of the office to which he was elected or appointed and that he will not knowingly violate or wilfully permit to be violated any of the provisions of law applicable under this Article. Such oath shall be subscribed by the person making it, and certified to by the officer before whom it is taken, and deposited with the custodian of the fund. Anyone after appointment or election shall be deemed to have qualified for membership on the board when such certificate is deposited with the custodian of the fund.

Notwithstanding any other provision of this Section, the term of any person appointed or elected under this Section before the effective date of this amendatory Act of the 97th General Assembly expires 90 days after the effective date of this amendatory Act of the 97th General Assembly.

Beginning 90 days after the effective date of this amendatory Act of the 97th General Assembly, the board shall be comprised of 4 appointed members and 3 elected members. The appointed members shall be appointed by the Mayor of the City of Chicago for a term that expires on the same date as that of the Mayor of the City of Chicago and until a successor is appointed and qualified. The appointed members of the board shall not be an active participant or annuitant of the Fund or an elected official.

Two members of the board representing active members of the Fund created under this Article shall be elected to the board as follows: the board shall arrange for and hold an election in which only those active participants under this Article shall be eligible to vote and be elected. The members elected to the board under this paragraph shall serve for a term of 4 years beginning 90 days after the effective date of this amendatory Act of the 97th General Assembly.

One member of the board representing annuitant members of the Fund created under this Article shall be elected to the board as follows: the board shall arrange for and hold an election in which only those annuitant members under this Article shall be eligible to vote and be elected. The member elected to the board under this paragraph shall serve for a term of 4 years beginning 90 days after the effective date of this amendatory Act of the 97th General Assembly.

(Source: Laws 1963, p. 161.)

(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. Until 90 days after the effective date of this amendatory Act of the 97th General Assembly, the 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 principals, one of whom shall be a contributor who is a principal, and 3 of whom shall be pensioners, all to be chosen as provided in this Article.

Notwithstanding any other provision of this Section, the term of any person appointed or elected under this Section before the effective date of this amendatory Act of the 97th General Assembly expires 90 days after the effective date of this amendatory Act of the 97th General Assembly.

Beginning 90 days after the effective date of this amendatory Act of the 97th General Assembly, the board shall be comprised of 4 appointed members and 3 elected members. The appointed members shall be appointed by the Mayor of the City of Chicago for a term that expires on the same date as that of the Mayor of the City of Chicago and until a successor is appointed and qualified. The appointed members of the board shall not be an active participant or annuitant of the Fund or an elected official.

Two members of the board representing active members of the Fund created under this Article shall be elected to the board as follows: the board shall arrange for and hold an election in which only those active participants under this Article shall be eligible to vote and be elected. The members elected to the board under this paragraph shall serve for a term of 4 years beginning 90 days after the effective date of this amendatory Act of the 97th General Assembly.

One member of the board representing annuitant members of the Fund created under this Article shall be elected to the board as follows: the board shall arrange for and hold an election in which only those annuitant members under this Article shall be eligible to vote and be elected. The member elected to the board under this paragraph shall serve for a term of 4 years beginning 90 days after the effective date of this amendatory Act of the 97th General Assembly.

(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.

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 principals, who shall hold office for terms of 3 years while retaining their status as teachers other than principals, and other members to fill 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 and shall be held in such manner as the Board by bylaws or rules shall provide. Only teachers who are not 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 a principal shall be elected a member of the Board. This trustee shall hold office for a term of 3 years while retaining his or her status as a principal. The election shall be by mail ballot and only contributors who are 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 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 principals, teachers other than 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.

This Section is repealed 90 days after the effective date of this amendatory Act of the 97th General Assembly.

(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 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. The name of a candidate shall not be 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 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) Principals election. The name of a candidate shall not be 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 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.

(5) This Section is repealed 90 days after the effective date of this amendatory Act of the 97th General Assembly.

(Source: P.A. 94-514, eff. 8-10-05.)

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