Full Text of HB4788 96th General Assembly
HB4788eng 96TH GENERAL ASSEMBLY
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HB4788 Engrossed |
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LRB096 15811 AMC 31052 b |
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| AN ACT concerning the public employee benefits.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Pension Code is amended by changing | 5 |
| Sections 8-192, 8-193, and 8-194 as follows:
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| (40 ILCS 5/8-192)
(from Ch. 108 1/2, par. 8-192)
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| Sec. 8-192. Board created. A board of 5 members shall | 8 |
| constitute a Board of Trustees authorized to
carry out the | 9 |
| provisions of this Article. The board shall be known as the
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| Retirement Board of the Municipal Employees', Officers', and | 11 |
| Officials'
Annuity and Benefit Fund of the city, or for the | 12 |
| sake of brevity may also
be known and referred to as the | 13 |
| Retirement Board of the Municipal
Employees' Annuity and | 14 |
| Benefit Fund of such city. Until the election in 2011, the The | 15 |
| board shall consist
of the city comptroller, the city | 16 |
| treasurer, and 3 members who shall be
employees, to be elected | 17 |
| as follows:
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| Within 30 days after the effective date, the mayor of the | 19 |
| city shall
arrange for and hold an election.
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| One employee shall be elected for a term ending on the | 21 |
| first day in the
month of December of the first year next | 22 |
| following the effective date; one
for a term ending December | 23 |
| 1st of the following year; and one for a term
ending on |
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| December 1st of the second following year.
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| The city comptroller, with the approval of the board, may | 3 |
| appoint a
designee from among employees of the city who are | 4 |
| versed in the affairs of
the comptroller's office to act in the | 5 |
| absence of the comptroller on all
matters pertaining to | 6 |
| administering the provisions of this Article.
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| The city treasurer, with the approval of the board, may | 8 |
| appoint a designee from among employees of the city who are | 9 |
| versed in the affairs of the treasurer's office to act in the | 10 |
| absence of the treasurer on all matters pertaining to | 11 |
| administering the provisions of this Article. | 12 |
| The members of a Retirement Board of a municipal | 13 |
| employees', officers',
and officials' annuity and benefit fund | 14 |
| holding office in a city at the
time this Article becomes | 15 |
| effective, including elective and ex-officio
members, shall | 16 |
| continue in office until the expiration of their terms and
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| until their respective successors are elected or appointed and | 18 |
| have
qualified.
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| Beginning with the election in 2011, the board shall | 20 |
| consist of the city comptroller, the city treasurer, 2 members | 21 |
| who shall be employees, and one member who shall be an employee | 22 |
| annuitant. If an employee who is an elected member of the board | 23 |
| on the effective date of this amendatory Act of the 96th | 24 |
| General Assembly resigns from the service of the employer and | 25 |
| retires on annuity upon resignation before the end of his or | 26 |
| her current term and before the 2011 trustee election, he or |
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| she may continue as a board member until the end of his or her | 2 |
| term. Only one previously active board member may continue to | 3 |
| serve on the board after retirement. | 4 |
| An employee member who takes advantage of the early | 5 |
| retirement incentives
provided under this amendatory Act of the | 6 |
| 93rd General Assembly may continue as
a member until the end of | 7 |
| his or her term.
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| The initial annuitant member of the board elected in 2011 | 9 |
| shall be elected for a 3-year term ending on December 1, 2014. | 10 |
| Thereafter, the annuitant member shall be elected for a 3-year | 11 |
| term ending on December 1st of the third year following the | 12 |
| election. | 13 |
| (Source: P.A. 93-654, eff. 1-16-04.)
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| (40 ILCS 5/8-193) (from Ch. 108 1/2, par. 8-193)
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| Sec. 8-193. Board elections. | 16 |
| (a) In each year, the board shall conduct a regular | 17 |
| election, under rules
adopted by it, at least 30 days prior to | 18 |
| the expiration of the term of
the employee member whose term | 19 |
| next expires, for the election of a
successor for a term of 3 | 20 |
| years. Each employee member and his successor
shall be an | 21 |
| employee who holds a position by certification and
appointment | 22 |
| as a result of a competitive civil service examination as
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| distinguished from temporary appointment for a period of not | 24 |
| less than 5
years prior to the date of election or so holds a | 25 |
| position which is not
exempt from the classified or the |
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| personnel ordinance by a city that adopted
a career service | 2 |
| ordinance. At any such election including the
initial election | 3 |
| and special elections to fill vacancies in such office,
all | 4 |
| persons who are employee participants at the time such election | 5 |
| is
held, shall have a right to vote. The ballot shall be of | 6 |
| secret
character.
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| (b) The board shall conduct a regular election, under rules | 8 |
| adopted by it, at least 30 days prior to the term of the | 9 |
| annuitant member, for the election of a successor for a term of | 10 |
| 3 years. Each annuitant member and his or her successor shall | 11 |
| be a former employee receiving a retirement annuity from the | 12 |
| Fund. The employee annuitant shall have retired from a position | 13 |
| described in paragraph (a) of this Section for an active board | 14 |
| member and shall have been a contributing member of the Fund on | 15 |
| a payday-by-payday basis for the 5 years immediately preceding | 16 |
| withdrawal, based on salary paid on the regular payroll of the | 17 |
| employer. At any such election all persons who are receiving an | 18 |
| employee annuity from the Fund at the time the election is held | 19 |
| have a right to vote. The ballot shall be a secret character. | 20 |
| (c) Any elective member of the board shall hold office | 21 |
| until his
successor is elected and qualified.
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| Any person elected or appointed as a member of the board | 23 |
| shall
qualify by taking an oath of office to be administered by | 24 |
| the city
clerk. A copy thereof shall be kept in the office of | 25 |
| the city clerk.
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| (Source: P.A. 81-782.)
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| (40 ILCS 5/8-194) (from Ch. 108 1/2, par. 8-194)
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| Sec. 8-194. Board vacancy.
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| A vacancy in the membership of the board shall be filled as | 4 |
| follows:
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| If the vacancy is that of an ex-officio member, the mayor | 6 |
| of the city
shall appoint a person to serve until a person | 7 |
| qualified as hereinbefore
described shall assume the duties of | 8 |
| member. If the vacancy is that of an
elective office the | 9 |
| remaining elective members of the board shall appoint a
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| successor from among the employees or employee annuitants (as | 11 |
| the case may be) who shall serve until an employee or employee | 12 |
| annuitant is
elected and qualified for the remainder of the | 13 |
| unexpired term. The employee or employee annuitant
shall be | 14 |
| elected at a special election to be held concurrently with and | 15 |
| in
the same manner as the next regular election for an employee | 16 |
| member .
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| Any appointive or elective member who leaves the service of | 18 |
| the employer , other than the employee annuitant member, or | 19 |
| becomes a
member of any other annuity and benefit fund, or any | 20 |
| pension fund, shall
automatically cease to be a member of the | 21 |
| board , except as provided in Section 8-192. If the employee | 22 |
| annuitant member ceases to be an annuitant of the Fund, he or | 23 |
| she shall cease to be a member of the board and the position is | 24 |
| deemed to have become vacant .
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| (Source: Laws 1963, p. 161.)
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