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.