Rep. Raymond Poe

Filed: 3/15/2005

 

 


 

 


 
09400HB3258ham001 LRB094 09210 AMC 43817 a

1
AMENDMENT TO HOUSE BILL 3258

2     AMENDMENT NO. ______. Amend House Bill 3258 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Illinois Pension Code is amended by
5 changing Sections 16-163 and 16-165 as follows:
 
6     (40 ILCS 5/16-163)  (from Ch. 108 1/2, par. 16-163)
7     Sec. 16-163. Board created. A board of 11 members
8 constitutes the a board of trustees authorized to carry out the
9 provisions of this Article and is responsible for the general
10 administration of the System. The board shall be is known as
11 the Board of Trustees of the Teachers' Retirement System of the
12 State of Illinois. The board shall be is composed of the
13 Superintendent of Education, ex officio, who shall be the
14 president of the board; 4 persons, not members of the System,
15 to be appointed by the Governor, who shall hold no elected
16 State office; 4 persons who, at the time of their election, are
17 teachers, as defined in Section 16-106, elected by the
18 contributing members; and 2 annuitant members elected by the
19 annuitants of the System, as provided in Section 16-165.
20 (Source: P.A. 90-511, eff. 8-22-97; 91-941, eff. 2-6-01.)
 
21     (40 ILCS 5/16-165)  (from Ch. 108 1/2, par. 16-165)
22     Sec. 16-165. Board; elected members; vacancies.
23     (a) In each odd-numbered year, there shall be elected 2

 

 

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1 teachers who shall hold office for a term of 4 years beginning
2 July 15 next following their election, in the manner provided
3 under this Section. An elected teacher member of the board who
4 ceases to be a teacher as defined in Section 16-106 may
5 continue to serve on the board for the remainder of the term to
6 which he or she was elected.
7     (b) One elected annuitant trustee shall first be elected in
8 1987, and in every fourth year thereafter, for a term of 4
9 years beginning July 15 next following his or her election.
10     (c) The elected annuitant position created by this
11 amendatory Act of the 91st General Assembly shall be filled as
12 soon as possible in the manner provided for vacancies, for an
13 initial term ending July 15, 2001. One elected annuitant
14 trustee shall be elected in 2001, and in every fourth year
15 thereafter, for a term of 4 years beginning July 15 next
16 following his or her election.
17     (d) Elections shall be held on May 1, unless May 1 falls on
18 a Saturday or Sunday, in which event the election shall be
19 conducted on the following Monday. Candidates shall be
20 nominated by petitions in writing, signed by not less than 500
21 teachers or annuitants, as the case may be, with their
22 addresses shown opposite their names. The petitions shall be
23 filed with the board's Secretary not less than 90 nor more than
24 120 days prior to May 1. The Secretary shall determine their
25 validity not less than 75 days before the election.
26     (e) If, for either teacher or annuitant members, the number
27 of qualified nominees exceeds the number of available
28 positions, the system shall prepare an appropriate ballot with
29 the names of the candidates in alphabetical order and shall
30 mail one copy thereof, at least 10 days prior to the election
31 day, to each teacher or annuitant of this system as of the
32 latest date practicable, at the latest known address, together
33 with a return envelope addressed to the board and also a
34 smaller envelope marked "For Ballot Only", and a slip for

 

 

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1 signature. Each voter, upon marking his ballot with a cross
2 mark in the square before the name of the person voted for,
3 shall place the ballot in the envelope marked "For Ballot
4 Only", seal the envelope, write on the slip provided therefor
5 his signature and address, enclose both the slip and sealed
6 envelope containing the marked ballot in the return envelope
7 addressed to the board, and mail it. Whether a person is
8 eligible to vote for the teacher nominees or the annuitant
9 nominees shall be determined from system payroll records as of
10 March 1.
11     Upon receipt of the return envelopes, the system shall open
12 them and set aside unopened the envelopes marked "For Ballot
13 Only". On election day ballots shall be publicly opened and
14 counted by the trustees or canvassers appointed therefor. Each
15 vote cast for a candidate represents one vote only. No ballot
16 arriving after 10 o'clock a.m. on election day shall be
17 counted. The 2 teacher candidates and the annuitant candidate
18 receiving the highest number of votes shall be elected. The
19 board shall declare the results of the election, keep a record
20 thereof, and notify the candidates of the results thereof
21 within 30 days after the election.
22     If, for either class of members, there are only as many
23 qualified nominees as there are positions available, the
24 balloting as described in this Section shall not be conducted
25 for those nominees, and the board shall declare them duly
26 elected.
27     (f) A vacancy occurring in the elective membership of on
28 the board shall be filled for the unexpired term by the board
29 with a person qualified for the vacant position, selected by
30 the remaining elected members of the board.
31 (Source: P.A. 91-941, eff. 2-6-01.)
 
32     Section 99. Effective date. This Act takes effect upon
33 becoming law.".