093_HB3183sam002











                                     LRB093 07931 EFG 15468 a

 1                    AMENDMENT TO HOUSE BILL 3183

 2        AMENDMENT NO.     .  Amend House Bill 3183 on page 1,  in
 3    line 6, before "15-186.1", by inserting "15-159,"; and

 4    on  page  1, in line 7, before "as", by inserting "and adding
 5    Section 15-159.1"; and

 6    on page 40, after line 4, by inserting the following:

 7        "(40 ILCS 5/15-159) (from Ch. 108 1/2, par. 15-159)
 8        Sec. 15-159.  Board created.
 9        (a)  A board of trustees constituted as provided in  this
10    Section  shall  administer  this  System.  The board shall be
11    known as the Board of  Trustees  of  the  State  Universities
12    Retirement System.
13        (b)  Until  July  1, 1995, the Board of Trustees shall be
14    constituted as follows:
15        Two trustees shall be members of the Board of Trustees of
16    the University of Illinois, one shall  be  a  member  of  the
17    Board  of Trustees of Southern Illinois University, one shall
18    be a member  of  the  Board  of  Trustees  of  Chicago  State
19    University, one shall be a member of the Board of Trustees of
20    Eastern  Illinois  University,  one  shall be a member of the
21    Board of Trustees of Governors State University, one shall be
22    a  member  of  the  Board  of  Trustees  of  Illinois   State
 
                            -2-      LRB093 07931 EFG 15468 a
 1    University, one shall be a member of the Board of Trustees of
 2    Northeastern  Illinois  University,  one shall be a member of
 3    the Board of Trustees of Northern  Illinois  University,  one
 4    shall  be  a  member  of  the  Board  of  Trustees of Western
 5    Illinois University,  and  one  shall  be  a  member  of  the
 6    Illinois  Community  College  Board, selected in each case by
 7    their respective boards, and 2 shall be participants  of  the
 8    system  appointed  by the Governor for a 6 year term with the
 9    first appointment made pursuant to  this  amendatory  Act  of
10    1984  to  be  effective September 1, 1985, and one shall be a
11    participant appointed by the Illinois Community College Board
12    for a 6 year term, and one shall be a  participant  appointed
13    by  the Board of Trustees of the University of Illinois for a
14    6 year term, and one shall be a participant or  annuitant  of
15    the  system who is a senior citizen age 60 or older appointed
16    by the Governor for a 6 year term with the first  appointment
17    to be effective September 1, 1985.
18        The  terms  of  all  trustees  holding  office under this
19    subsection (b) on June 30, 1995 shall terminate at the end of
20    that day or as otherwise required by law and the Board  shall
21    thereafter  be  constituted  as  otherwise  provided  in this
22    Section subsection (c).
23        (c)  Beginning July 1, 1995, the Board of Trustees  shall
24    be constituted as follows:
25        The  Board  shall  consist of 9 trustees appointed by the
26    Governor.  Two of the trustees, designated  at  the  time  of
27    appointment, shall be participants of the System.  Two of the
28    trustees,  designated  at  the  time of appointment, shall be
29    annuitants  of  the  System  who  are  receiving   retirement
30    annuities  under this Article.  The 5 remaining trustees may,
31    but need not, be participants or annuitants of the System.
32        The term of  office  of  trustees  appointed  under  this
33    subsection  (c)  shall  be  6  years,  beginning  on  July 1.
34    However,  of  the  initial  trustees  appointed  under   this
 
                            -3-      LRB093 07931 EFG 15468 a
 1    subsection  (c), 3 shall be appointed for terms of 2 years, 3
 2    shall be appointed for terms of  4  years,  and  3  shall  be
 3    appointed  for  terms  of  6  years,  to be designated by the
 4    Governor at the time of appointment.
 5        A vacancy  in  a  trustee  position  created  under  this
 6    subsection   (c)   on   the   board  of  trustees  caused  by
 7    resignation, death, expiration of term of  office,  or  other
 8    reason shall be filled by a qualified person appointed by the
 9    Governor for the remainder of the unexpired term.
10        Trustees   in  a  trustee  position  created  under  this
11    subsection (c) (other than the trustees incumbent on June 30,
12    1995)  shall  continue  in  office  until  their   respective
13    successors  are  appointed  and have qualified, except that a
14    trustee appointed to one of the participant  positions  shall
15    be  disqualified  immediately  upon the termination of his or
16    her status as a participant and a trustee appointed to one of
17    the annuitant positions  shall  be  disqualified  immediately
18    upon  the  termination  of  his or her status as an annuitant
19    receiving a retirement annuity.
20        (c-1)  Beginning July 1,  2004,  the  Board  of  Trustees
21    shall  consist  of  the 9 trustees appointed under subsection
22    (c) plus 4 elected trustees who shall be elected as  provided
23    in this subsection (c-1) and Section 15-159.1.
24        One of the elected trustees shall be a participant of the
25    System  nominated  and  elected  by  the  participants of the
26    System who are employees of the University of Illinois.
27        One of the elected trustees shall be a participant of the
28    System nominated and  elected  by  the  participants  of  the
29    System  who  are  employees  of Northern Illinois University,
30    Illinois State University, or Southern Illinois University.
31        One of the elected trustees shall be a participant of the
32    System nominated and  elected  by  the  participants  of  the
33    System who are employees of Chicago State University, Eastern
34    Illinois University, Governors State University, Northeastern
 
                            -4-      LRB093 07931 EFG 15468 a
 1    Illinois University, or Western Illinois University.
 2        One of the elected trustees shall be a participant of the
 3    System  nominated  and  elected  by  the  participants of the
 4    System who are employees of Illinois community colleges.
 5        The  term  of  office  of  trustees  elected  under  this
 6    subsection (c-1) shall be  6  years,  beginning  on  July  1,
 7    except   that   the   initial  trustees  elected  under  this
 8    subsection (c-1) shall serve for terms of  3,  4,  5,  and  6
 9    years,  to  be  determined by lot at the first meeting of the
10    Board following their election.
11        Candidates for election shall be  nominated  by  petition
12    containing  the  signatures  and  addresses  of  at least 100
13    participants from  the  applicable  constituency.   Petitions
14    shall  be  filed  with  the Secretary of the Board during the
15    month of January before the election.   The  Secretary  shall
16    determine the validity of petitions of candidates by February
17    15  before the election and shall notify the candidates as to
18    whether or not their petitions have met the requirements.
19        If no more than one candidate files a valid petition  for
20    election  to  a  position,  that  candidate shall be declared
21    elected.  If there is more than one nominee for  a  position,
22    then the Board shall conduct by mail a secret ballot election
23    among  those  persons  eligible to vote for that position, in
24    accordance  with  Section  15-159.1  and   such   rules   and
25    procedures as it may adopt.
26        If  a  vacancy  occurs  among  the elected members of the
27    Board, the remaining elected members of the Board shall  meet
28    for  the purpose of filling the vacant position by appointing
29    a person who is eligible for nomination and election  to  the
30    position to serve for the remainder of the term.  The meeting
31    shall  be  held  as  soon  as  practicable after the position
32    becomes vacant.  Appointment of a person to fill a vacancy in
33    an elected trustee position requires a majority vote  of  the
34    elected members present at the meeting.
 
                            -5-      LRB093 07931 EFG 15468 a
 1        An  elected trustee shall continue in office until his or
 2    her successor is elected  (or,  in  the  case  of  a  vacancy
 3    occurring during a term, appointed) and has qualified, except
 4    that  an  elected  trustee  shall  be  disqualified  upon the
 5    termination of his or her status as a participant.
 6        (d)  Each trustee must take an oath of  office  before  a
 7    notary  public  of  this State and shall qualify as a trustee
 8    upon the presentation to the the Board of a certified copy of
 9    the  oath.   The  oath  must  state  that  the  person   will
10    diligently   and  honestly  administer  the  affairs  of  the
11    retirement system, and will not knowingly violate or wilfully
12    permit to be violated any provisions of this Article.
13        Each trustee shall serve without compensation  but  shall
14    be  reimbursed for expenses necessarily incurred in attending
15    board meetings and carrying  out  his  or  her  duties  as  a
16    trustee or officer of the System.
17        (e)  This  amendatory  Act of 1995 (Public Act 89-196) is
18    intended to supersede the changes made  to  this  Section  by
19    Public Act 89-4.
20    (Source: P.A. 89-4, eff. 1-1-96; 89-196, eff. 7-21-95.)

21        (40 ILCS 5/15-159.1 new)
22        Sec. 15-159.1. Election of trustees.
23        (a)  Election of trustees shall be by mail ballot.  By no
24    later  than  April  1  of the year of the election, the board
25    shall prepare and send ballots and ballot  envelopes  to  the
26    persons  eligible to vote as of February 1 of the year of the
27    election.   The  ballots  shall  contain  the  names  of  all
28    candidates of  the  constituency  for  which  the  person  is
29    eligible to vote, in alphabetical order.  The ballot envelope
30    shall  have on the outside a form of certificate stating that
31    the person voting the ballot is a  member  of  the  specified
32    constituency and is entitled to vote.
33        (b)  Persons  wishing  to  vote shall vote the ballot and
 
                            -6-      LRB093 07931 EFG 15468 a
 1    place it in the ballot envelope, seal the  envelope,  execute
 2    the certificate on the envelope, and return the ballot to the
 3    System.
 4        (c)  The  final date for ballot return shall be May 1, or
 5    if that date falls on a Saturday, Sunday, or  State  holiday,
 6    then  the  next  business day.  Ballots received on or before
 7    that date, in a ballot  envelope  with  a  properly  executed
 8    certificate and properly voted, shall be valid ballots.
 9        (d)  The  board  shall  set  a  day for counting ballots,
10    shall name judges and clerks of election to conduct the count
11    of ballots, and shall make any rules that  may  be  necessary
12    for the conduct of the count.
13        (e)  Candidates  for  the office of trustee, and employee
14    and labor organizations, shall  have  access,  at  their  own
15    expense,  to  the  System's  participant  mailing  lists  for
16    election purposes.".