HB4788eng 96TH GENERAL ASSEMBLY

HB4788 Engrossed LRB096 15811 AMC 31052 b

AN ACT concerning the 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 8-192, 8-193, and 8-194 as follows:

(40 ILCS 5/8-192) (from Ch. 108 1/2, par. 8-192)

Sec. 8-192. Board created. A board of 5 members shall constitute a Board of Trustees authorized to carry out the provisions of this Article. The board shall be known as the Retirement Board of the Municipal Employees', Officers', and Officials' Annuity and Benefit Fund of the city, or for the sake of brevity may also be known and referred to as the Retirement Board of the Municipal Employees' Annuity and Benefit Fund of such city. Until the election in 2011, the The board shall consist of the city comptroller, the city treasurer, and 3 members who shall be employees, to be elected as follows:

Within 30 days after the effective date, the mayor of the city shall arrange for and hold an election.

One employee shall be elected for a term ending on the first day in the month of December of the first year next following the effective date; one for a term ending December 1st of the following year; and one for a term ending on December 1st of the second following year.

The city comptroller, with the approval of the board, may appoint a designee from among employees of the city who are versed in the affairs of the comptroller's office to act in the absence of the comptroller on all matters pertaining to administering the provisions of this Article.

The city treasurer, with the approval of the board, may appoint a designee from among employees of the city who are versed in the affairs of the treasurer's office to act in the absence of the treasurer on all matters pertaining to administering the provisions of this Article.

The members of a Retirement Board of a municipal employees', officers', and officials' annuity and benefit fund holding office in a city at the time this Article becomes effective, including elective and ex-officio members, shall continue in office until the expiration of their terms and until their respective successors are elected or appointed and have qualified.

Beginning with the election in 2011, the board shall consist of the city comptroller, the city treasurer, 2 members who shall be employees, and one member who shall be an employee annuitant. If an employee who is an elected member of the board on the effective date of this amendatory Act of the 96th General Assembly resigns from the service of the employer and retires on annuity upon resignation before the end of his or her current term and before the 2011 trustee election, he or she may continue as a board member until the end of his or her term. Only one previously active board member may continue to serve on the board after retirement.

An employee member who takes advantage of the early retirement incentives provided under this amendatory Act of the 93rd General Assembly may continue as a member until the end of his or her term.

The initial annuitant member of the board elected in 2011 shall be elected for a 3-year term ending on December 1, 2014. Thereafter, the annuitant member shall be elected for a 3-year term ending on December 1st of the third year following the election.

(Source: P.A. 93-654, eff. 1-16-04.)

(40 ILCS 5/8-193) (from Ch. 108 1/2, par. 8-193)

Sec. 8-193. Board elections.

(a) In each year, the board shall conduct a regular election, under rules adopted by it, at least 30 days prior to the expiration of the term of the employee member whose term next expires, for the election of a successor for a term of 3 years. Each employee member and his successor shall be an employee who holds a position by certification and appointment as a result of a competitive civil service examination as distinguished from temporary appointment for a period of not less than 5 years prior to the date of election or so holds a position which is not exempt from the classified or the personnel ordinance by a city that adopted a career service ordinance. At any such election including the initial election and special elections to fill vacancies in such office, all persons who are employee participants at the time such election is held, shall have a right to vote. The ballot shall be of secret character.

(b) The board shall conduct a regular election, under rules adopted by it, at least 30 days prior to the term of the annuitant member, for the election of a successor for a term of 3 years. Each annuitant member and his or her successor shall be a former employee receiving a retirement annuity from the Fund. The employee annuitant shall have retired from a position described in paragraph (a) of this Section for an active board member and shall have been a contributing member of the Fund on a payday-by-payday basis for the 5 years immediately preceding withdrawal, based on salary paid on the regular payroll of the employer. At any such election all persons who are receiving an employee annuity from the Fund at the time the election is held have a right to vote. The ballot shall be a secret character.

(c) Any elective member of the board shall hold office until his successor is elected and qualified.

Any person elected or appointed as a member of the board shall qualify by taking an oath of office to be administered by the city clerk. A copy thereof shall be kept in the office of the city clerk.

(Source: P.A. 81-782.)

(40 ILCS 5/8-194) (from Ch. 108 1/2, par. 8-194)

Sec. 8-194. Board vacancy.

A vacancy in the membership of the board shall be filled as follows:

If the vacancy is that of an ex-officio member, the mayor of the city shall appoint a person to serve until a person qualified as hereinbefore described shall assume the duties of member. If the vacancy is that of an elective office the remaining elective members of the board shall appoint a successor from among the employees or employee annuitants (as the case may be) who shall serve until an employee or employee annuitant is elected and qualified for the remainder of the unexpired term. The employee or employee annuitant shall be elected at a special election to be held concurrently with and in the same manner as the next regular election for an employee member.

Any appointive or elective member who leaves the service of the employer, other than the employee annuitant member, or becomes a member of any other annuity and benefit fund, or any pension fund, shall automatically cease to be a member of the board, except as provided in Section 8-192. If the employee annuitant member ceases to be an annuitant of the Fund, he or she shall cease to be a member of the board and the position is deemed to have become vacant.

(Source: Laws 1963, p. 161.)