Sen. James F. Clayborne Jr.

Filed: 3/16/2005

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1871

2     AMENDMENT NO. ______. Amend Senate Bill 1871 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Illinois Pension Code is amended by
5 changing Sections 7-174 and 7-175 as follows:
 
6     (40 ILCS 5/7-174)  (from Ch. 108 1/2, par. 7-174)
7     Sec. 7-174. Board created.
8     (a) A board of 9 members 8 members shall constitute a board
9 of trustees authorized to carry out the provisions of this
10 Article. Each trustee shall be a participating employee of a
11 participating municipality or participating instrumentality or
12 an annuitant of the Fund and no person shall be eligible to
13 become a trustee after January 1, 1979 who does not have at
14 least 8 years of creditable service.
15     (b) The board shall consist of representatives of various
16 groups as follows:
17         1. Four 4 trustees shall be a chief executive officer,
18     chief finance officer, or other officer, executive or
19     department head of a participating municipality or
20     participating instrumentality, and each such trustee shall
21     be designated as an executive trustee.
22         2. Three 3 trustees shall be employees of a
23     participating municipality or participating
24     instrumentality (but not sheriff's law enforcement

 

 

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1     employees), and each such trustee shall be designated as an
2     employee trustee.
3         3. One trustee shall be a sheriff's law enforcement
4     employee (SLEP), who shall be designated the SLEP trustee.
5         4. 3. One trustee shall be an annuitant of the Fund,
6     who shall be designated the annuitant trustee.
7     (c) A person elected as a trustee shall qualify as a
8 trustee, after declaration by the board that he has been duly
9 elected, upon taking and subscribing to the constitutional oath
10 of office and filing same in the office of the Fund.
11     (d) The term of office of each trustee shall begin upon
12 January 1 of the year following the year in which he is elected
13 and shall continue for a period of 5 years and until a
14 successor has been elected and qualified, or until prior
15 resignation, death, incapacity or disqualification.
16     (e) Any elected trustee (other than the annuitant trustee)
17 shall be disqualified immediately upon termination of
18 employment with all participating municipalities and
19 instrumentalities thereof or upon any change in status which
20 removes any such trustee from all employments within the group
21 he represents. The annuitant trustee shall be disqualified upon
22 termination of his or her annuity.
23     (f) The trustees shall fill any vacancy in the board by
24 appointment, for the period until the next election of
25 trustees, or, if the remaining term is less than 2 years, for
26 the remainder of the term, and until his successor has been
27 elected and qualified.
28     (g) Trustees shall serve without compensation, but shall be
29 reimbursed for any reasonable expenses incurred in attending
30 meetings of the board and in performing duties on behalf of the
31 Fund and for the amount of any earnings withheld by any
32 employing municipality or participating instrumentality
33 because of attendance at any board meeting.
34     (h) Each trustee other than the annuitant trustee shall be

 

 

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1 entitled to one vote on any and all actions before the board;
2 the annuitant trustee is not entitled to vote on any matter. At
3 least 5 least 4 concurring votes shall be necessary for every
4 decision or action by the board at any of its meetings. No
5 decision or action shall become effective unless presented and
6 so approved at a regular or duly called special meeting of the
7 board.
8 (Source: P.A. 89-136, eff. 7-14-95.)
 
9     (40 ILCS 5/7-175)  (from Ch. 108 1/2, par. 7-175)
10     Sec. 7-175. Board elections.
11     (a) During the period beginning on August 1 and ending on
12 September 15 of each year, the board shall accept nominations
13 of candidates for election to the trusteeships for terms
14 beginning the next January 1, including any new trusteeships or
15 vacancies to be filled by election.
16     (b) All nominations shall be by petition. Three petitions
17 for an executive trustee shall be signed by governing bodies of
18 contributing participating municipalities or
19 instrumentalities.
20     A petition for an employee trustee shall be signed by at
21 least 350 participating employees who were participants during
22 July of the current year and who, if their employment status
23 remained unchanged, would be eligible to vote for the such
24 candidate at the following election.
25     A petition for a SLEP trustee shall be signed by at least
26 50 participating employees who were participants during July of
27 the current year and who, if their employment status remained
28 unchanged, would be eligible to vote for the candidate at the
29 following election.
30     A petition for an annuitant trustee shall be signed by at
31 least 100 persons who were annuitants of the Fund during July
32 of the current year and who, if their annuitant status remains
33 unchanged, would be eligible to vote for the candidate at the

 

 

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1 following election.
2     (c) A separate ballot shall be used for each class of
3 trustee and the names of all candidates properly nominated in
4 petitions received by the board shall be placed in alphabetical
5 order upon the proper ballot. Where two employee trustees are
6 elected to a full term in the same year, there shall be one
7 election for the two trusteeships and the two candidates
8 getting the highest number of votes shall be elected.
9     (d) At any election, each contributing participating
10 municipality and participating instrumentality and each
11 contributing participating employee employed by such
12 participating municipality or participating instrumentality
13 during September of any year, shall be entitled to vote as
14 follows:
15         1. The governing body of each such participating
16     municipality and participating instrumentality shall have
17     one vote at any election in which an executive trustee is
18     to be elected, and may cast that such vote for any
19     candidate on the executive trustee ballot.
20         2. Each participating employee (other than a SLEP)
21     shall have one vote at any election in which an employee
22     trustee is to be elected, and may cast that such vote for
23     any candidate on the employee trustee ballot.
24         3. Each SLEP who participates in the Fund shall have
25     one vote at any election in which a SLEP trustee is to be
26     elected, and may cast that vote for any candidate on the
27     SLEP trustee ballot.
28         4. 3. Each annuitant of the Fund shall have one vote at
29     any election in which an annuitant trustee is to be
30     elected, and may cast that vote for any candidate on the
31     annuitant trustee ballot.
32         5. 4. A vote may be cast for a person not on the ballot
33     by writing in his or her name.
34     (e) The election shall be by ballot pursuant to the rules

 

 

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1 and regulations established by the board and shall be completed
2 by December 31 of the year. The results shall be entered in the
3 minutes of the meeting of the board following the tally of
4 votes.
5     (f) In case of a tie vote, the candidate employed by or
6 retired from the participating municipality or participating
7 instrumentality having the greatest number of participating
8 employees at the time shall be elected.
9 (Source: P.A. 89-136, eff. 7-14-95.)
 
10     Section 99. Effective date. This Act takes effect upon
11 becoming law.".