SB3340sam001 99TH GENERAL ASSEMBLY

Sen. Napoleon Harris, III

Filed: 4/5/2016

09900SB3340sam001 LRB099 19571 RPS 45953 a

AMENDMENT TO SENATE BILL 3340

AMENDMENT NO. ______. Amend Senate Bill 3340 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Pension Code is amended by adding Section 1-127 as follows:

(40 ILCS 5/1-127 new)

Sec. 1-127. Accountability of trustees; suspension and termination.

(a) A member of the board of trustees of a pension fund, retirement system, or investment board established under any of Articles 2 through 18 or 22A of this Code shall, by operation of law, be suspended from that position, and any other fiduciary or administrative position under that pension fund, retirement system, or investment board, upon being charged by information or indictment with a felony offense arising out of or in relation to that position. While so suspended, the member may attend and participate in board meetings (except meetings relating to decisions or policies specific to that member), but shall not vote on any matter, be counted for establishing a quorum, or be compensated for attendance or expenses.

(b) The suspension shall be lifted upon the happening of any of the following events:

(1) dismissal of the charge;

(2) acquittal; or

(3) a determination, after hearing by the remaining members of the board or by a court or judicial officer, that the charge does not arise out of or in relation to that member's position; such a determination, when made by the board, must be by majority vote of the remaining members.

(c) The suspension becomes termination of participation on the board upon the happening of any of the following events:

(1) conviction of the charge;

(2) loss of employment or professional qualification based on the subject matter of the charge, where such employment or professional qualification is a qualification for continuing participation on the board; or

(3) expiration of the member's term without lifting of the suspension pursuant to subsection (b).

Upon such termination the position shall be deemed vacant and may be filled in the manner provided for vacancies under the applicable Article of this Code.

(d) Upon termination under subsection (c), the terminated member shall thereafter be ineligible to serve on any other board of trustees established under any of Articles 2 through 18 or 22A of this Code.

(e) A member who resigns from the board, either prior to or after being so charged, is not subject to subsection (d) of this Section unless convicted of the charge.

(f) This Section applies to persons who are board members on or after the effective date of this amendatory Act of the 99th General Assembly, without regard to whether the charged offense or the events leading up to that charge occurred before that date.

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