Public Act 098-0449
 
HB2767 EnrolledLRB098 07983 EFG 38072 b


  
    AN ACT concerning public employee benefits.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Illinois Pension Code is amended  by changing 
Sections 14-103.10, 17-137, 17-138, and 17-139 as follows:
 



    (40 ILCS 5/14-103.10)  (from Ch. 108 1/2, par. 14-103.10)



    Sec. 14-103.10. Compensation. 

    (a) For periods of service prior to January 1, 1978, the 
full rate of salary
or wages payable to an employee for 
personal services performed if he worked
the full normal 
working period for his position, subject to the following

maximum amounts: (1) prior to July 1, 1951, $400 per month or 
$4,800 per year;
(2) between July 1, 1951 and June 30, 1957 
inclusive, $625 per month or $7,500
per year; (3) beginning 
July 1, 1957, no limitation.

    In the case of service of an employee in a position 
involving
part-time employment, compensation shall be 
determined according to the
employees' earnings record.

    (b) For periods of service on and after January 1, 1978, 
all
remuneration for personal services performed defined as 
"wages" under
the Social Security Enabling Act, including that 
part of such
remuneration which is in excess of any maximum 
limitation provided in
such Act, and including any benefits 
received by an employee under a sick
pay plan in effect before 
January 1, 1981, but excluding lump sum salary
payments:


        (1) for vacation,


        (2) for accumulated unused sick leave,



        (3) upon discharge or dismissal,


        (4) for approved holidays.

    (c) For periods of service on or after December 16, 1978, 
compensation
also includes any benefits, other than lump sum 
salary payments made at
termination of employment, which an 
employee receives or is eligible to
receive under a sick pay 
plan authorized by law.

    (d) For periods of service after September 30, 1985, 
compensation also
includes any remuneration for personal 
services not included as "wages"
under the Social Security 
Enabling Act, which is deducted for purposes of
participation 
in a program established pursuant to Section 125 of the

Internal Revenue Code or its successor laws.

    (e) For members for which Section 1-160 applies for periods 
of service on and after January 1, 2011, all remuneration for 
personal services performed defined as "wages" under the Social 
Security Enabling Act, excluding remuneration that is in excess 
of the annual earnings, salary, or wages of a member or 
participant, as provided in subsection (b-5) of Section 1-160, 
but including any benefits received by an employee under a sick 
pay plan in effect before January 1, 1981.
Compensation shall 
exclude lump sum salary payments:
        (1) for vacation;
        (2) for accumulated unused sick leave;
        (3) upon discharge or dismissal; and
        (4) for approved holidays. 
    (f) Notwithstanding the other provisions of this Section, 
for service on or after July 1, 2013, "compensation"
does not 
include any stipend payable to an employee for service on a 
board or commission. 
(Source: P.A. 96-1490, eff. 1-1-11.)

 



    (40 ILCS 5/17-137)  (from Ch. 108 1/2, par. 17-137)



    Sec. 17-137. Board created. There shall be elected a Board 
of Trustees,
herein also referred to as the "Board", to 
administer and
control the Fund
created by this Article.  The 
Board shall consist of 12
members, 2 of whom shall be members 
of the Board of Education, 6
of whom shall be contributors who 
are not administrators principals, one of whom shall be a

contributor who is an administrator a  principal, and 3 of whom 
shall be pensioners,
all to be chosen as provided in this 
Article.

(Source: P.A. 89-136, eff. 7-14-95; 90-566, eff. 1-2-98.)

 



    (40 ILCS 5/17-138)  (from Ch. 108 1/2, par. 17-138)



    Sec. 17-138. Board membership. At the first meeting of the 
Board of
Education in November of each year, the Board of 
Education
shall appoint one of its members to serve, while a 
member of the Board of
Education, on the Board of Trustees for 
a term of 2 years.

    During the first week of November, On the last school day 
of the 4th week of October of each year there
shall be elected 
2 members of the Board from the teachers other
than 
administrators principals, who shall hold office for terms of 3 
years, provided the trustee retains his or her
while retaining 
their status as a teacher teachers other than an administrator 
principals, and other
members to fill any unexpired terms.  In 
the event that schools are not in session
on or during the week 
prior to the last Friday in October, this election shall
be 
held on the Friday of the first subsequent full week of school.  
The
election shall be by secret ballot conducted in person or 
by secure electronic ballot, and shall be held in such manner 
as the
Board by bylaws or rules shall provide.  Only teachers 
who are
not administrators principals shall be eligible to vote 
in the election.

    During the first week of November of 1995 and every third 
year thereafter,
one contributor who is an administrator a 
principal shall be elected a member of the Board.  This trustee 
shall hold office for a term of 3 years, provided the trustee 
retains while
retaining
his or her status as an administrator a  
principal.  The election shall be by mail ballot or by secure 
electronic ballot, and
only contributors who are 
administrators principals shall be eligible to vote.  The 
election
shall be held in the manner provided by the Board by 
rule or
bylaw.

    During the first week of November of each odd-numbered year 
there shall
be elected 3 members of the Board from the 
pensioners,
who shall hold office for a term of 2 years while 
retaining their status
as pensioners.  The election shall be by 
mail ballot or secure electronic ballot to all service and

disability pensioners, and shall be held in such manner as the 
Board by bylaws or rules shall provide.

    All trustees, while members of the Board of Education or 
while administrators
principals, teachers other than 
administrators principals, or pensioners, as the
case may be, 
shall hold their offices
until their successors shall have been 
appointed or elected and qualified by
subscribing to the 
constitutional oath of office at the immediately succeeding

regular meeting of the Board.

(Source: P.A. 89-136, eff. 7-14-95; 90-566, eff. 1-2-98.)

 



    (40 ILCS 5/17-139)  (from Ch. 108 1/2, par. 17-139)



    Sec. 17-139. Board elections and vacancies. 

    (1) Contributors other than administrators principals 
election.  Every
member who is not a principal or an 
administrator may vote at the election for as many persons
as 
there are trustees to be elected by the contributors who are 
not principals or administrators, provided that the 
contributor obtained that voter eligibility status on or before 
October 1 of the election year.  The name of a candidate shall 
not be placed on printed upon
the ballot unless he or she has 
been assigned on a regular certificate for
at least 10 years in 
the Chicago public schools or charter schools and
nominated by 
a petition signed by not less than 200 contributors who are not

principals or administrators.

    Petitions shall be filed with the recording secretary of 
the Fund on or after September
15 of each year and not later 
than October 1st of that year.  No more than one
candidate may 
be nominated by any one petition.  If the nominations do not

exceed the number of candidates to be elected,  the canvassing 
board shall
declare the nominated candidates elected.  
Otherwise, candidates receiving the
highest number of votes 
cast for their respective terms shall be declared
elected.  The 
location and number of polling places shall be designated by 
the
Board.  The election shall be conducted by the teachers who 
are
not principals or administrators, and the judges of the 
election shall be selected from the
teachers who are not 
principals or administrators, in such manner as the board in 
its bylaws
or rules provides.

    Elections to fill vacancies on the Board
shall be held at 
the next annual election.

    (2) Pensioners election.  The name of a candidate
shall not 
be placed printed on the ballot unless he or she has been 
nominated by a
petition signed by not less than 100 pensioners 
of the Fund.
Petitions shall
be filed with the recording 
secretary of the Fund on or before
October 1 of the

odd-numbered year.  If the nominations do not exceed 3, the 
mailing
of ballots
shall be eliminated and the nominated 
candidates shall be declared elected.
Otherwise, the 3 
candidates receiving the highest number of votes
cast shall be

declared elected.  The mailing and counting of the ballots shall 
be conducted
by the office of the Fund with volunteer 
assistance from
pensioners at the
request of the Board.

    (3) Administrators Principals election.  The name of a 
candidate shall not be placed printed on
the ballot unless he 
or she has been nominated by a petition signed by at least
25 
contributors who are principals or administrators.  Petitions 
shall be filed with the
recording secretary of the Fund on or 
before October 1 of the election year. Every
member who is a 
principal or an administrator may vote at the election for one 
candidate
who is a contributor who is an administrator, 
provided that the member obtained such voter eligibility status 
on or before October 1 of the election year
a principal.
If 
only one eligible candidate is nominated, the election shall 
not be held and
the nominated candidate shall be declared 
elected.  Otherwise, the candidate
receiving the highest number 
of votes cast shall be declared elected.  The
mailing and 
counting of the ballots shall be conducted by the office of the

Fund.

    (4) Vacancies.  The Board may fill vacancies occurring in

the membership of the Board elected by the principals, 
administrators, teachers other
than principals or 
administrators, or pensioners at any regular meeting of the 
Board.  The
Board of Education may fill vacancies occurring in 
the membership of the Board appointed by the Board of Education 
at any regular meeting of
the
Board of Education.

(Source: P.A. 94-514, eff. 8-10-05.)

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