State of Illinois
90th General Assembly

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[ Introduced ]


      40 ILCS 5/16-163          from Ch. 108 1/2, par. 16-163
      40 ILCS 5/16-165          from Ch. 108 1/2, par. 16-165
          Amends the Downstate  Teacher  Article  of  the  Illinois
      Pension  Code  to add a second elected annuitant to the Board
      of Trustees.  Gives the Governor the  power  to  appoint  the
      president  of the Board from among its members (currently the
      State Superintendent of Education  serves  as  president,  ex
      officio).  Effective immediately.
HB2328 Engrossed                               LRB9007305EGfg
 1        AN  ACT  to  amend  the Illinois Pension Code by changing
 2    Sections 16-163 and 16-165.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.   The  Illinois  Pension  Code  is amended by
 6    changing Sections 16-163 and 16-165 as follows:
 7        (40 ILCS 5/16-163) (from Ch. 108 1/2, par. 16-163)
 8        Sec. 16-163.  Board created.  A board of  11  10  members
 9    constitutes  a  board of trustees authorized to carry out the
10    provisions of this Article and is responsible for the general
11    administration of the system.  The  board  is  known  as  the
12    Board  of  Trustees of the Teachers' Retirement System of the
13    State  of  Illinois.   The   board   is   composed   of   the
14    Superintendent  of  Education,  ex-officio,  who shall be the
15    president of the board until July 15, 1998 or until such time
16    as the Governor  has  designated  the  president  under  this
17    amendatory Act of 1997; 4 persons, not members of the system,
18    to  be  appointed  by the Governor, who shall hold no elected
19    State office; 4  teachers,  as  defined  in  Section  16-106,
20    elected  by  the  contributing  members;  and 2 one annuitant
21    members member elected by the annuitants of  the  system,  as
22    provided  in  Section 16-165.  On or after July 15, 1998, the
23    Governor shall, from time  to  time,  designate  one  of  the
24    members to serve as president of the board.
25    (Source: P.A. 90-511, eff. 8-22-97.)
26        (40 ILCS 5/16-165) (from Ch. 108 1/2, par. 16-165)
27        Sec.  16-165.  Board  -  elected members - vacancies.  In
28    each odd-numbered year, there shall be elected 2 teachers who
29    shall hold office for a term of 4  years  beginning  July  15
30    next  following  their election, in the manner provided under
HB2328 Engrossed            -2-                LRB9007305EGfg
 1    this Section.  One The elected annuitant trustee shall  first
 2    be  elected  in 1987, and in every fourth year thereafter, as
 3    hereinafter provided, for a term of 4 years beginning July 15
 4    next following  his  or  her  election.   The  other  elected
 5    annuitant  trustee  shall  first  be  elected  at  a  special
 6    election  held  by the board for this purpose on May 1, 1998,
 7    for an initial term beginning July 15, 1998 and  ending  July
 8    15,  1999.  Thereafter, both elected annuitant trustees shall
 9    be elected at the same elections for terms of 4 years.
10        Elections shall be held on May 1, unless May 1 falls on a
11    Saturday or Sunday, in which event the such election shall be
12    conducted on  the  following  Monday.   Candidates  shall  be
13    nominated  by  petitions  in writing, signed by not less than
14    500 teachers or annuitants, as the case may  be,  with  their
15    addresses shown opposite their names.  The petitions shall be
16    filed  with  the  board's Secretary not less than 90 nor more
17    than 120 days prior to May 1.  The Secretary shall  determine
18    their validity not less than 75 days before the election.
19        If  there  are  more than 2 qualified teacher nominees or
20    more than 2 one qualified  annuitant  nominees  nominee,  the
21    system  shall prepare an appropriate ballot with the names of
22    the candidates in alphabetical order and shall mail one  copy
23    thereof,  at least 10 days prior to the election day, to each
24    teacher or annuitant of this system as  of  the  latest  date
25    practicable,  at  the  latest  known address, together with a
26    return envelope addressed to the board  and  also  a  smaller
27    envelope  marked "For Ballot Only", and a slip for signature.
28    Each voter, upon marking his ballot with a cross mark in  the
29    square  before  the name of the person voted for, shall place
30    the ballot in the envelope marked "For Ballot Only", seal the
31    envelope, write on the slip provided therefor  his  signature
32    and  address,  enclose  both  the  slip  and  sealed envelope
33    containing the marked ballot in the return envelope addressed
34    to the board, and mail it.  Whether a person is  eligible  to
HB2328 Engrossed            -3-                LRB9007305EGfg
 1    vote  for  the  teacher  nominees  or  the annuitant nominees
 2    nominee shall be determined from system payroll records as of
 3    March 1.
 4        Upon receipt of the return envelopes,  the  system  shall
 5    open  them  and  set aside unopened the envelopes marked "For
 6    Ballot Only".  On election  day  ballots  shall  be  publicly
 7    opened  and  counted  by the trustees or canvassers appointed
 8    therefor.  Each vote cast for a candidate represents one vote
 9    only.  No ballot arriving after 10 o'clock a.m.  on  election
10    day  shall  be  counted.   The 2 teacher candidates and the 2
11    annuitant candidates candidate receiving the  highest  number
12    of  votes  shall  be  elected.   The  board shall declare the
13    results of the election, keep a record  thereof,  and  notify
14    the  candidates  of  the results thereof within 30 days after
15    the election.
16        If there are only 2 qualified  teachers  or  only  2  one
17    qualified  annuitants  annuitant  nominated  by petition, the
18    balloting as described in this Section will not be  conducted
19    for  those  such  nominees,  and the board shall declare them
20    such nominees duly elected.
21        A vacancy occurring in the  elective  membership  on  the
22    board  shall  be  filled  for the unexpired term by the board
23    with a person qualified for the vacant position.
24    (Source: P.A. 85-1008.)
25        Section 99. Effective date.  This Act takes  effect  upon
26    becoming law.

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