100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4544

 

Introduced , by Rep. Kathleen Willis

 

SYNOPSIS AS INTRODUCED:
 
40 ILCS 5/1-109.3
30 ILCS 805/8.42 new

    Amends the General Provisions Article of the Illinois Pension Code. Provides that a trustee of a downstate police or firefighter pension fund must complete, within the first 2 years (instead of within the first year) after the trustee takes office (instead of after the trustee is elected or appointed), at least 8 hours of training covering fiduciary duties and liabilities and trustee ethics. Requires a trustee to complete an additional 16 hours of continuing trustee education during the 2 years following the date by which the trustee must complete the initial training and every 2 years thereafter. Provides that at least 4 hours of training during each year must be devoted to fiduciary duties and liabilities and trustee ethics. Provides that at least 8 hours of the biennial training required must be in the form of a live lecture or classroom training forum or, if taken online, must meet certain other requirements. Specifies that the balance of biennial trustee training may take the form of participation in other training opportunities incident to the functioning of the pension board, such as participation in board hearings on the award of disability or other benefits or training opportunities associated with other organizations or employment that are applicable to the duties of a pension fund trustee. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.


LRB100 16894 RPS 32035 b

FISCAL NOTE ACT MAY APPLY
PENSION IMPACT NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

HB4544LRB100 16894 RPS 32035 b

1    AN ACT concerning public employee benefits.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Pension Code is amended by changing
5Section 1-109.3 as follows:
 
6    (40 ILCS 5/1-109.3)
7    Sec. 1-109.3. Training requirement for pension trustees.
8    (a) All elected and appointed trustees under Article 3 and
94 of this Code must participate in a mandatory trustee
10certification training seminar that consists of at least 32
11hours of initial trustee certification at a training facility
12that is accredited and affiliated with a State of Illinois
13certified college or university. This training must include
14without limitation all of the following:
15        (1) Duties and liabilities of a fiduciary under Article
16    1 of the Illinois Pension Code.
17        (2) Adjudication of pension claims.
18        (3) Basic accounting and actuarial training.
19        (4) Trustee ethics.
20        (5) The Illinois Open Meetings Act.
21        (6) The Illinois Freedom of Information Act.
22    The training required under this subsection (a) must be
23completed within the first 2 years after the year that a

 

 

HB4544- 2 -LRB100 16894 RPS 32035 b

1trustee takes office is elected or appointed under an Article 3
2or 4 pension fund. At least 8 hours of training during the
3first year of training must cover fiduciary duties and
4liabilities and trustee ethics. The elected and appointed
5trustees of an Article 3 or 4 pension fund who are police
6officers (as defined in Section 3-106 of this Code) or
7firefighters (as defined in Section 4-106 of this Code) or are
8employed by the municipality shall be permitted time away from
9their duties to attend such training without reduction of
10accrued leave or benefit time. Active or appointed trustees
11serving on the effective date of this amendatory Act of the
1296th General Assembly shall not be required to attend the
13training required under this subsection (a).
14    (b) Upon completion of and in In addition to the initial
15trustee certification training required under subsection (a),
16all elected and appointed trustees under Article 3 and 4 of
17this Code, including trustees serving on the effective date of
18this amendatory Act of the 96th General Assembly, shall also
19complete at least an additional participate in a minimum of 16
20hours of continuing trustee education during (i) the 2 years
21following the date by which the training required under
22subsection (a) must be completed and (ii) every 2 years
23thereafter. At least 4 hours of training during each year must
24be devoted to fiduciary duties and liabilities and trustee
25ethics. At least 8 hours of the biennial training required
26under this subsection (b) must be in the form of a live lecture

 

 

HB4544- 3 -LRB100 16894 RPS 32035 b

1or classroom training forum or, if taken in an online training
2program, must be in an interactive form with ascertainable
3verification of participation and learning by the trustee in
4the online training program. The balance of biennial trustee
5training may take the form of participation in other training
6opportunities incident to the functioning of the pension board,
7such as participation in board hearings on the award of
8disability or other benefits or training opportunities
9associated with other organizations or employment that are
10applicable to the duties of a pension fund trustee each year
11after the first year that the trustee is elected or appointed.
12    (c) The training required under this Section shall be paid
13for by the pension fund.
14    (d) Any board member who does not timely complete the
15training required under this Section is not eligible to serve
16on the board of trustees of an Article 3 or 4 pension fund,
17unless the board member completes the missed training within 6
18months after the date the member failed to complete the
19required training. In the event of a board member's failure to
20complete the required training, a successor shall be appointed
21or elected, as applicable, for the unexpired term. A successor
22who is elected under such circumstances must be elected at a
23special election called by the board and conducted in the same
24manner as a regular election under Article 3 or 4, as
25applicable.
26(Source: P.A. 96-429, eff. 8-13-09.)
 

 

 

HB4544- 4 -LRB100 16894 RPS 32035 b

1    Section 90. The State Mandates Act is amended by adding
2Section 8.42 as follows:
 
3    (30 ILCS 805/8.42 new)
4    Sec. 8.42. Exempt mandate. Notwithstanding Sections 6 and 8
5of this Act, no reimbursement by the State is required for the
6implementation of any mandate created by this amendatory Act of
7the 100th General Assembly.
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.