093_HB3568 LRB093 08192 LRD 08399 b 1 AN ACT in relation to public employee benefits. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Pension Code is amended by 5 changing Section 16-165 as follows: 6 (40 ILCS 5/16-165) (from Ch. 108 1/2, par. 16-165) 7 Sec. 16-165. Board; elected members; vacancies. 8 (a) In each odd-numbered year, there shall be elected 2 9 teachers who shall hold office for a term of 4 years 10 beginning July 15 next following their election, in the 11 manner provided under this Section. 12 (b) One elected annuitant trustee shall first be elected 13 in 1987, and in every fourth year thereafter, for a term of 4 14 years beginning July 15 next following his or her election. 15 (c) The elected annuitant position created by this 16 amendatory Act of the 91st General Assembly shall be filled 17 as soon as possible in the manner provided for vacancies, for 18 an initial term ending July 15, 2001. One elected annuitant 19 trustee shall be elected in 2001, and in every fourth year 20 thereafter, for a term of 4 years beginning July 15 next 21 following his or her election. 22 (d) Elections shall be held on May 1, unless May 1 falls 23 on a Saturday or Sunday, in which event the election shall be 24 conducted on the following Monday. Candidates shall be 25 nominated by petitions in writing, signed by not less than 26 500 teachers or annuitants, as the case may be, with their 27 addresses shown opposite their names. The petitions shall be 28 filed with the board's Secretary not less than 90 nor more 29 than 120 days prior to May 1. The Secretary shall determine 30 their validity not less than 75 days before the election. 31 (e) If, for either teacher or annuitant members, the -2- LRB093 08192 LRD 08399 b 1 number of qualified nominees exceeds the number of available 2 positions, the system shall prepare an appropriate ballot 3 with the names of the candidates in alphabetical order and 4 shall mail one copy thereof, at least 10 days prior to the 5 election day, to each teacher or annuitant of this system as 6 of the latest date practicable, at the latest known address, 7 together with a return envelope addressed to the board and 8 also a smaller envelope marked "For Ballot Only", and a slip 9 for signature. Each voter, upon marking his ballot with a 10 cross mark in the square before the name of the person voted 11 for, shall place the ballot in the envelope marked "For 12 Ballot Only", seal the envelope, write on the slip provided 13 therefor his signature and address, enclose both the slip and 14 sealed envelope containing the marked ballot in the return 15 envelope addressed to the board, and mail it. Whether a 16 person is eligible to vote for the teacher nominees or the 17 annuitant nominees shall be determined from system payroll 18 records as of March 1. 19 Upon receipt of the return envelopes, the system shall 20 open them and set aside unopened the envelopes marked "For 21 Ballot Only". On election day ballots shall be publicly 22 opened and counted by the trustees or canvassers appointed 23 therefor. Each vote cast for a candidate represents one vote 24 only. No ballot arriving after 10 o'clock a.m. on election 25 day shall be counted. The 2 teacher candidates and the 26 annuitant candidate receiving the highest number of votes 27 shall be elected. The board shall declare the results of the 28 election, keep a record thereof, and notify the candidates of 29 the results thereof within 30 days after the election. 30 If, for either class of members, there are only as many 31 qualified nominees as there are positions available, the 32 balloting as described in this Section shall not be conducted 33 for those nominees, and the board shall declare them duly 34 elected. -3- LRB093 08192 LRD 08399 b 1 (f) A vacancy occurring in the elective membership on 2 the board shall be filled for the unexpired term by the board 3 with a person qualified for the vacant position if there are 4 no more than 6 months remaining on the term. For a term with 5 more than 6 months remaining, the Director of the Teachers' 6 Retirement System of the State of Illinois shall institute an 7 election in accordance with this Act to fill the unexpired 8 term. 9 (Source: P.A. 91-941, eff. 2-6-01.) 10 Section 99. Effective date. This Act takes effect upon 11 becoming law.