HB0581 96TH GENERAL ASSEMBLY

LRB096 03528 AMC 13553 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB0581

Introduced 2/6/2009, by Rep. Angelo Saviano

SYNOPSIS AS INTRODUCED:

40 ILCS 5/17-137	from Ch. 108 1/2, par. 17-137
40 ILCS 5/17-138	from Ch. 108 1/2, par. 17-138
40 ILCS 5/17-139	from Ch. 108 1/2, par. 17-139
30 ILCS 805/8.33 new

Amends the Chicago Teacher Article of the Illinois Pension Code. Makes various changes in provisions concerning the creation of the Board of Trustees of the Fund, Board membership, and Board elections, including changing the principal trustee to a principal/administrator trustee. Amends the State Mandates Act to require implementation without reimbursement.

FISCAL NOTE ACT MAY APPLY

PENSION IMPACT NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

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 Section 17-137, 17-138, and 17-139 as follows:

(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 teacher trustees contributors who are not principals, one of whom shall be a principal/administrator trustee contributor who is a principal, and 3 of whom shall be pensioner trustees 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; terms of office.

(a) Board of Education appointees. 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.

(b) Teacher trustees. 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 contributors who are certified teachers, but not principals or administrators shall be elected members of the Board. The term of office for teacher trustees shall be members of the Board from the teachers other than principals, who shall hold office for terms of 3 years while retaining their status as teachers other than principals, and other members to fill 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 and shall be held in such manner as the Board by bylaws or rules shall provide. Only teachers who are not principals shall be eligible to vote in the election.

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

(d) Pensioner trustees. During the first week of November of each odd-numbered year, 3 pensioners who are receiving a service or disability pension under this Article there shall be elected 3 members of the Board. The pensioner trustees 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 to all service and disability pensioners, and shall be held in such manner as the Board by bylaws or rules shall provide.

(e) Appointment of successors. All trustees, while members of the Board of Education or while principals, teachers other than 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 immediately succeeding the election.

(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.

(a) Form of election. The elections shall be by secret ballot and shall be held in such manner as the Board's bylaws or rules shall provide. Eligible voters may vote for as many candidates for which there are positions available in their elections. Voting shall be subject to the following conditions:

(1) Only current contributors who are not principals or administrators shall be eligible to vote in the teacher trustee election.

(2) Only current contributors who are principals or administrators shall be eligible to vote in the principal/administrator trustee election.

(3) Only current service and disability pensioners shall be eligible to vote in the pensioner trustee election.

(b) Qualifications for trustee positions. Candidates for trustee positions shall meet the following requirements:

(1) Candidates for teacher trustee must be current contributors to the Fund, 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 current contributors who are not principals or administrators.

(2) Candidates for principal/administrator trustee must be current contributors to the Fund, meet the definition of administrator under Section 17-106.1 of this Code, and be nominated by a petition signed by not less than 25 current contributors who are principals or administrators.

(3) Candidates for pensioner trustee must be current recipients of a Fund service, reciprocal, or disability pension and be nominated by a petition signed by not less than 100 current recipients of a Fund pension.

(c) Nomination period. The nomination period shall run from May 1 of the year in which the respective elections are scheduled to October 1 of that year.

(d) Form and submission of petitions and election of candidates. Nomination petitions shall be provided to candidates meeting the eligibility requirements by the Fund. Petitions shall be filed with the Fund election coordinator on or before October 1st of the year in which the respective elections occur. If the nominations do not exceed the number of candidates to be elected, then the nominated candidates shall be declared elected by the canvassing board. If there are sufficient candidates to conduct an election, then the election shall be conducted in the manner that the Board, by bylaws or rules, shall provide. The candidates receiving the highest number of votes cast for their respective positions shall be declared elected.

(1) Contributors other than 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. The name of a candidate shall not be 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 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) Principals election. The name of a candidate shall not be 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 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.

(e) (4) Vacancies. The Board may fill vacancies occurring in the teacher trustee, principal/administrator trustee, or pensioner trustee positions 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 appointed trustee positions at any regular meeting of the Board of Education.

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

Section 90. The State Mandates Act is amended by adding Section 8.33 as follows:

(30 ILCS 805/8.33 new)

Sec. 8.33. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 96th General Assembly.