State of Illinois
90th General Assembly
Legislation

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90_SB0145

      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.  Effective immediately.
                                                     LRB9001619EGfg
                                               LRB9001619EGfg
 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; 4 persons, not members of the system,
16    to  be  appointed  by  the  Governor, who shall hold no other
17    State office; and 4 teachers, as defined in  Section  16-106,
18    elected  by  the  contributing  members;  and 2 one annuitant
19    members member elected by the annuitants of  the  system,  as
20    provided in Section 16-165.
21    (Source: P.A. 84-1028.)
22        (40 ILCS 5/16-165) (from Ch. 108 1/2, par. 16-165)
23        Sec.  16-165.  Board  -  elected members - vacancies.  In
24    each odd-numbered year, there shall be elected 2 teachers who
25    shall hold office for a term of 4  years  beginning  July  15
26    next  following  their election, in the manner provided under
27    this Section.  One The elected annuitant trustee shall  first
28    be  elected  in 1987, and in every fourth year thereafter, as
29    hereinafter provided, for a term of 4 years beginning July 15
30    next following  his  or  her  election.   The  other  elected
                            -2-                LRB9001619EGfg
 1    annuitant  trustee  shall  first  be  elected  at  a  special
 2    election  held  by the board for this purpose, for an initial
 3    term beginning 15 days after the winner of  the  election  is
 4    determined  and  ending  July  15,  1999.   Thereafter,  both
 5    elected  annuitant  trustees  shall  be  elected  at the same
 6    elections for terms of 4 years.
 7        Elections shall be held on May 1, unless May 1 falls on a
 8    Saturday or Sunday, in which event the such election shall be
 9    conducted on  the  following  Monday.   Candidates  shall  be
10    nominated  by  petitions  in writing, signed by not less than
11    500 teachers or annuitants, as the case may  be,  with  their
12    addresses shown opposite their names.  The petitions shall be
13    filed  with  the  board's Secretary not less than 90 nor more
14    than 120 days prior to May 1.  The Secretary shall  determine
15    their validity not less than 75 days before the election.
16        If  there  are  more than 2 qualified teacher nominees or
17    more than 2 one qualified  annuitant  nominees  nominee,  the
18    system  shall prepare an appropriate ballot with the names of
19    the candidates in alphabetical order and shall mail one  copy
20    thereof,  at least 10 days prior to the election day, to each
21    teacher or annuitant of this system as  of  the  latest  date
22    practicable,  at  the  latest  known address, together with a
23    return envelope addressed to the board  and  also  a  smaller
24    envelope  marked "For Ballot Only", and a slip for signature.
25    Each voter, upon marking his ballot with a cross mark in  the
26    square  before  the name of the person voted for, shall place
27    the ballot in the envelope marked "For Ballot Only", seal the
28    envelope, write on the slip provided therefor  his  signature
29    and  address,  enclose  both  the  slip  and  sealed envelope
30    containing the marked ballot in the return envelope addressed
31    to the board, and mail it.  Whether a person is  eligible  to
32    vote  for  the  teacher  nominees  or  the annuitant nominees
33    nominee shall be determined from system payroll records as of
34    March 1.
                            -3-                LRB9001619EGfg
 1        Upon receipt of the return envelopes,  the  system  shall
 2    open  them  and  set aside unopened the envelopes marked "For
 3    Ballot Only".  On election  day  ballots  shall  be  publicly
 4    opened  and  counted  by the trustees or canvassers appointed
 5    therefor.  Each vote cast for a candidate represents one vote
 6    only.  No ballot arriving after 10 o'clock a.m.  on  election
 7    day  shall  be  counted.   The 2 teacher candidates and the 2
 8    annuitant candidates candidate receiving the  highest  number
 9    of  votes  shall  be  elected.   The  board shall declare the
10    results of the election, keep a record  thereof,  and  notify
11    the  candidates  of  the results thereof within 30 days after
12    the election.
13        If there are only 2 qualified  teachers  or  only  2  one
14    qualified  annuitants  annuitant  nominated  by petition, the
15    balloting as described in this Section will not be  conducted
16    for  those  such  nominees,  and the board shall declare them
17    such nominees duly elected.
18        A vacancy occurring in the  elective  membership  on  the
19    board  shall  be  filled  for the unexpired term by the board
20    with a person qualified for the vacant position.
21    (Source: P.A. 85-1008.)
22        Section 99. Effective date.  This Act takes  effect  upon
23    becoming law.

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