Section 4451.10  Purpose

 

This Part prescribes the procedure for breaking a tie vote in the ballot selection of a Board of Trustee for the Police Officers' Pension Investment Fund (Article 22B of the Code) or the Firefighters' Pension Investment Fund (Article 22C of the Code).

 

Section 4451.20  Definitions

 

"Box" means a standard sized container in which confidential sealed envelopes are maintained.

 

"Candidate" means a person nominated for election.

 

"Code" means the Illinois Pension Code [40 ILCS 5].

 

"Department" means the Illinois Department of Insurance.

 

"Fund" means the Police Officers' Pension Investment Fund (see 40 ILCS 5/22B-103) or the Firefighters' Pension Investment Fund (see 40 ILCS 5/22C-103).

 

"Official Name" means the name as it appears on the written election ballot.

 

"Official Election Ballot" means the ballot used in the trustee election process.

 

"Pension Fund" means a fund that transferred securities, funds, assets, and moneys, and responsibility for custody and control of those securities, funds, assets, and moneys, to the fund and that was established pursuant to Article 3 (downstate police) or Article 4 (downstate firefighters) of the Code.

 

"Sealed Envelope" means a standard 4⅛-inch by 9½-inch Department mailing envelope holding a 3 by 5-inch index card with a typed official name of one tied candidate. 

 

"Tie" means to have an equal number of votes cast between candidates in an election.

 

"Trustee" means a candidate elected or to be elected by eligible voters who voted or by the tie breaking procedure established in this Part. 

 

Section 4451.30  Prescribed Tie Breaker Procedure

 

a)         The prescribed procedure shall only apply when a tie vote occurs in a fund's Board of Trustee election process. After a review of the election count provided by the fund, the Department will, within 3 business days, set a date, time and place to conduct the tie breaker procedure with the corresponding fund, which shall have a designee present. The fund and the Department shall notify the candidates of a tie and the agreed upon date, time and place for the tie breaker procedure, though the candidates' attendance shall not be required. Candidates' contact information shall be provided by the fund. The agreed upon date shall not exceed 10 business days after the election count. The Department will maintain minutes of, and record, the tie breaker procedure.

 

b)         At the tie breaker procedure, separate and identical sealed envelopes for each tied candidate, with his or her official name on the index card in the envelope, shall be placed in a box.  After shaking the box, the Director of the Department, or his or her designee, shall draw one envelope.  The tied candidate whose official name appears on the index card within that sealed envelope shall be declared the winner.

 

Section 4451.40  Policy and Notification

 

The fund shall submit a copy of the official election ballots to the Department prior to the election.  At the completion of the election count, the fund shall notify the Department in writing of the results within 2 business days.  The fund shall notify all Article 3 and Article 4 pension funds of the final election counts, including the tie breaker results, within two business days after the election count is concluded and after a tie breaker procedure is concluded.  The notification shall be made by posting the results on the fund's official website.