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Sen. Napoleon Harris, III
Filed: 4/5/2016
| | 09900SB3340sam001 | | LRB099 19571 RPS 45953 a |
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| 1 | | AMENDMENT TO SENATE BILL 3340
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| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3340 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Illinois Pension Code is amended by adding |
| 5 | | Section 1-127 as follows:
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| 6 | | (40 ILCS 5/1-127 new) |
| 7 | | Sec. 1-127. Accountability of trustees; suspension and |
| 8 | | termination. |
| 9 | | (a) A member of the board of trustees of a pension fund, |
| 10 | | retirement system, or investment board established under any of |
| 11 | | Articles 2 through 18 or 22A of this Code shall, by operation |
| 12 | | of law, be suspended from that position, and any other |
| 13 | | fiduciary or administrative position under that pension fund, |
| 14 | | retirement system, or investment board, upon being charged by |
| 15 | | information or indictment with a felony offense arising out of |
| 16 | | or in relation to that position. While so suspended, the member |
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| 1 | | may attend and participate in board meetings (except meetings |
| 2 | | relating to decisions or policies specific to that member), but |
| 3 | | shall not vote on any matter, be counted for establishing a |
| 4 | | quorum, or be compensated for attendance or expenses. |
| 5 | | (b) The suspension shall be lifted upon the happening of |
| 6 | | any of the following events: |
| 7 | | (1) dismissal of the charge; |
| 8 | | (2) acquittal; or |
| 9 | | (3) a determination, after hearing by the remaining |
| 10 | | members of the board or by a court or judicial officer, |
| 11 | | that the charge does not arise out of or in relation to |
| 12 | | that member's position; such a determination, when made by |
| 13 | | the board, must be by majority vote of the remaining |
| 14 | | members. |
| 15 | | (c) The suspension becomes termination of participation on |
| 16 | | the board upon the happening of any of the following events: |
| 17 | | (1) conviction of the charge; |
| 18 | | (2) loss of employment or professional qualification |
| 19 | | based on the subject matter of the charge, where such |
| 20 | | employment or professional qualification is a |
| 21 | | qualification for continuing participation on the board; |
| 22 | | or |
| 23 | | (3) expiration of the member's term without lifting of |
| 24 | | the suspension pursuant to subsection (b). |
| 25 | | Upon such termination the position shall be deemed vacant |
| 26 | | and may be filled in the manner provided for vacancies under |
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| 1 | | the applicable Article of this Code. |
| 2 | | (d) Upon termination under subsection (c), the terminated |
| 3 | | member shall thereafter be ineligible to serve on any other |
| 4 | | board of trustees established under any of Articles 2 through |
| 5 | | 18 or 22A of this Code. |
| 6 | | (e) A member who resigns from the board, either prior to or |
| 7 | | after being so charged, is not subject to subsection (d) of |
| 8 | | this Section unless convicted of the charge. |
| 9 | | (f) This Section applies to persons who are board members |
| 10 | | on or after the effective date of this amendatory Act of the |
| 11 | | 99th General Assembly, without regard to whether the charged |
| 12 | | offense or the events leading up to that charge occurred before |
| 13 | | that date.
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| 14 | | Section 99. Effective date. This Act takes effect upon |
| 15 | | becoming law.".
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