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1 | AN ACT concerning public employee benefits.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Pension Code is amended by changing | ||||||||||||||||||||||||||||||||||||
5 | Sections 16-106, 16-133.2, 16-136.4, 16-158.1, and 16-165 and | ||||||||||||||||||||||||||||||||||||
6 | by adding Section 16-203.1 as follows:
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7 | (40 ILCS 5/16-106) (from Ch. 108 1/2, par. 16-106)
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8 | Sec. 16-106. Teacher. "Teacher": The following | ||||||||||||||||||||||||||||||||||||
9 | individuals, provided
that, for employment prior to July 1, | ||||||||||||||||||||||||||||||||||||
10 | 1990, they are employed on a
full-time basis, or if not | ||||||||||||||||||||||||||||||||||||
11 | full-time, on a permanent and continuous basis
in a position in | ||||||||||||||||||||||||||||||||||||
12 | which services are expected to be rendered for at least
one | ||||||||||||||||||||||||||||||||||||
13 | school term:
| ||||||||||||||||||||||||||||||||||||
14 | (1) Any educational, administrative, professional or | ||||||||||||||||||||||||||||||||||||
15 | other staff employed
in the public common schools included | ||||||||||||||||||||||||||||||||||||
16 | within this system in a position
requiring certification | ||||||||||||||||||||||||||||||||||||
17 | under the law governing the certification of
teachers;
| ||||||||||||||||||||||||||||||||||||
18 | (2) Any educational, administrative, professional or | ||||||||||||||||||||||||||||||||||||
19 | other staff employed
in any facility of the Department of | ||||||||||||||||||||||||||||||||||||
20 | Children and Family Services or the
Department of Human | ||||||||||||||||||||||||||||||||||||
21 | Services, in a position requiring certification under
the | ||||||||||||||||||||||||||||||||||||
22 | law governing the certification of teachers, and any person | ||||||||||||||||||||||||||||||||||||
23 | who (i)
works in such a position for the Department of |
| |||||||
| |||||||
1 | Corrections, (ii) was a member
of this System on May 31, | ||||||
2 | 1987, and (iii) did not elect to become a member of
the | ||||||
3 | State Employees' Retirement System pursuant to Section | ||||||
4 | 14-108.2 of this
Code; except that "teacher" does not | ||||||
5 | include any person who (A) becomes
a security employee of | ||||||
6 | the Department of Human Services, as defined in
Section | ||||||
7 | 14-110, after June 28, 2001 (the effective date of Public | ||||||
8 | Act
92-14), or (B) becomes a member of the State Employees'
| ||||||
9 | Retirement System pursuant to Section 14-108.2c of this | ||||||
10 | Code;
| ||||||
11 | (3) Any regional superintendent of schools, assistant | ||||||
12 | regional
superintendent of schools, State Superintendent | ||||||
13 | of Education; any person
employed by the State Board of | ||||||
14 | Education as an executive; any executive of
the boards | ||||||
15 | engaged in the service of public common school education in
| ||||||
16 | school districts covered under this system of which the | ||||||
17 | State
Superintendent of Education is an ex-officio member;
| ||||||
18 | (4) Any employee of a school board association | ||||||
19 | operating in compliance
with Article 23 of the School Code | ||||||
20 | who is certificated under the law
governing the | ||||||
21 | certification of teachers;
| ||||||
22 | (5) Any person employed by the retirement system
who:
| ||||||
23 | (i) was an employee of and a participant in the | ||||||
24 | system on August 17,
2001 (the effective date of Public | ||||||
25 | Act 92-416), or
| ||||||
26 | (ii) becomes an employee of the system on or after |
| |||||||
| |||||||
1 | August 17, 2001;
| ||||||
2 | (6) Any educational, administrative, professional or | ||||||
3 | other staff
employed by and under the supervision and | ||||||
4 | control of a regional
superintendent of schools, provided | ||||||
5 | such employment position requires the
person to be | ||||||
6 | certificated under the law governing the certification of
| ||||||
7 | teachers and is in an educational program serving 2 or more | ||||||
8 | districts in
accordance with a joint agreement authorized | ||||||
9 | by the School Code or by federal
legislation;
| ||||||
10 | (7) Any educational, administrative, professional or | ||||||
11 | other staff employed
in an educational program serving 2 or | ||||||
12 | more school districts in accordance
with a joint agreement | ||||||
13 | authorized by the School Code or by federal
legislation and | ||||||
14 | in a position requiring certification under the laws
| ||||||
15 | governing the certification of teachers;
| ||||||
16 | (8) Any officer or employee of a statewide teacher | ||||||
17 | organization or
officer of a national teacher organization | ||||||
18 | who is certified under the law
governing certification of | ||||||
19 | teachers, provided: (i) the individual had
previously | ||||||
20 | established creditable service under this Article, (ii) | ||||||
21 | the
individual files with the system an irrevocable | ||||||
22 | election to become a member,
and (iii) the individual does | ||||||
23 | not receive credit for such service under any
other Article | ||||||
24 | of this Code;
| ||||||
25 | (9) Any educational, administrative, professional, or | ||||||
26 | other staff
employed in a charter school operating in |
| |||||||
| |||||||
1 | compliance with the Charter
Schools Law who is certificated | ||||||
2 | under the law governing the certification
of teachers.
| ||||||
3 | (10) Any person employed, on the effective date of this | ||||||
4 | amendatory Act of the 94th General Assembly, by the | ||||||
5 | Macon-Piatt Regional Office of Education in a | ||||||
6 | birth-through-age-three pilot program receiving funds | ||||||
7 | under Section 2-389 of the School Code who is required by | ||||||
8 | the Macon-Piatt Regional Office of Education to hold a | ||||||
9 | teaching certificate, provided that the Macon-Piatt | ||||||
10 | Regional Office of Education makes an election, within 6 | ||||||
11 | months after the effective date of this amendatory Act of | ||||||
12 | the 94th General Assembly, to have the person participate | ||||||
13 | in the system. Any service established prior to the | ||||||
14 | effective date of this amendatory Act of the 94th General | ||||||
15 | Assembly for service as an employee of the Macon-Piatt | ||||||
16 | Regional Office of Education in a birth-through-age-three | ||||||
17 | pilot program receiving funds under Section 2-389 of the | ||||||
18 | School Code shall be considered service as a teacher if | ||||||
19 | employee and employer contributions have been received by | ||||||
20 | the system and the system has not refunded those | ||||||
21 | contributions.
| ||||||
22 | An annuitant receiving a retirement annuity under this | ||||||
23 | Article or under
Article 17 of this Code who is employed by a | ||||||
24 | board of education
or other employer as permitted under Section | ||||||
25 | 16-118
or 16-150.1 is not a "teacher" for purposes of this | ||||||
26 | Article. A person who
has received a single-sum retirement |
| |||||||
| |||||||
1 | benefit under Section 16-136.4 of this
Article is not a | ||||||
2 | "teacher" for purposes of this Article. | ||||||
3 | A person who is a teacher as described in item (8) of this | ||||||
4 | Section may establish service credit for similar employment | ||||||
5 | prior to becoming certified as a teacher if he or she (i) is | ||||||
6 | certified as a teacher on or before the effective date of this | ||||||
7 | amendatory Act of the 94th General Assembly, (ii) applies in | ||||||
8 | writing to the system within 6 months after the effective date | ||||||
9 | of this amendatory Act of the 94th General Assembly, and (iii) | ||||||
10 | pays to the system contributions equal to the normal costs | ||||||
11 | calculated from the date of first full-time employment as | ||||||
12 | described in item (8) to the date of payment, compounded | ||||||
13 | annually at the rate of 8.5% per year for periods before the | ||||||
14 | effective date of this amendatory Act of the 94th General | ||||||
15 | Assembly and for subsequent periods at a rate equal to the | ||||||
16 | System's actuarially assumed rate of return on investments. | ||||||
17 | However, credit shall not be granted under this paragraph for | ||||||
18 | any such prior employment for which the applicant received | ||||||
19 | credit under any other provision of this Code.
| ||||||
20 | (Source: P.A. 93-320, eff. 7-23-03; 94-1111, eff. 2-27-07.)
| ||||||
21 | (40 ILCS 5/16-133.2) (from Ch. 108 1/2, par. 16-133.2)
| ||||||
22 | Sec. 16-133.2. Early retirement without discount. | ||||||
23 | (a) A member
retiring after June 1, 1980 and on or before | ||||||
24 | June 30, 2005 (or as provided in subsection (b) of this | ||||||
25 | Section), and
applying for a retirement annuity within 6 months |
| |||||||
| |||||||
1 | of the last day of
teaching for which retirement contributions | ||||||
2 | were required,
may elect at the time of application for a | ||||||
3 | retirement annuity, to make
a one time member contribution to | ||||||
4 | the System and thereby
avoid the reduction in the retirement | ||||||
5 | annuity for retirement before age
60 specified in paragraph (B) | ||||||
6 | of Section 16-133. The exercise of the
election shall also | ||||||
7 | obligate the last employer to make a one time
non-refundable | ||||||
8 | contribution to the System. Substitute teachers wishing to
| ||||||
9 | exercise this election must teach 85 or more days in one school | ||||||
10 | term with
one employer, who shall be deemed the last employer | ||||||
11 | for purposes of this
Section. The last day of teaching with | ||||||
12 | that employer must be within 6
months of the date of | ||||||
13 | application for retirement. All substitute
teaching credit | ||||||
14 | applied toward the required 85 days must be earned after
June | ||||||
15 | 30, 1990.
| ||||||
16 | The one time member and employer contributions shall be a | ||||||
17 | percentage of
the retiring member's highest annual salary rate | ||||||
18 | used in the determination
of the average salary for retirement | ||||||
19 | annuity purposes. However, when
determining the one-time | ||||||
20 | member and employer contributions, that part of a
member's | ||||||
21 | salary with the same employer which exceeds the annual salary | ||||||
22 | rate
for the preceding year by more than 20% shall be excluded. | ||||||
23 | The member
contribution shall be at the rate of 7% for the | ||||||
24 | lesser of the following 2
periods: (1) for each year that the | ||||||
25 | member is less than age 60; or (2) for
each year that the | ||||||
26 | member's creditable service is less than 35 years. If a
member |
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| |||||||
1 | is at least age 55 and has at least 34 years of creditable | ||||||
2 | service, no
member or employer contribution for the early | ||||||
3 | retirement option shall be
required. The employer contribution | ||||||
4 | shall be at the rate of 20% for each year
the member is under | ||||||
5 | age 60.
| ||||||
6 | Upon receipt of the application and election, the System | ||||||
7 | shall determine
the one time employee and employer | ||||||
8 | contributions required. The member
contribution shall be | ||||||
9 | credited to the individual account of the member and
the | ||||||
10 | employer contribution shall be credited to the Benefit Trust | ||||||
11 | Reserve. The
provisions of this subsection (a) providing for | ||||||
12 | the avoidance of the reduction in retirement annuity shall
not | ||||||
13 | be applicable until the member's contribution, if any, has been | ||||||
14 | received
by the System; however, the date such contributions | ||||||
15 | are received shall not be
considered in determining the | ||||||
16 | effective date of retirement.
| ||||||
17 | The number of members working for a single employer who may
| ||||||
18 | retire under this subsection or subsection (b) in any year may | ||||||
19 | be limited at the option
of the employer to a specified | ||||||
20 | percentage of those eligible, not less
than 30%, with the right | ||||||
21 | to participate to be allocated among those
applying on the | ||||||
22 | basis of seniority in the service of the employer.
| ||||||
23 | (b) The provisions of subsection (a) of this Section shall | ||||||
24 | remain in effect for a member retiring after June 30, 2005 and | ||||||
25 | on or before July 1, 2007, provided that the member satisfies | ||||||
26 | both of the following requirements: |
| |||||||
| |||||||
1 | (1) the member notified his or her employer of intent | ||||||
2 | to retire under this Article on or before the effective | ||||||
3 | date of this amendatory Act of the 94th General Assembly | ||||||
4 | under the terms of a contract or collective bargaining | ||||||
5 | agreement entered into, amended, or renewed with the | ||||||
6 | employer on or before the effective date of this amendatory | ||||||
7 | Act of the 94th General Assembly; and
| ||||||
8 | (2) the effective date of the member's retirement is on | ||||||
9 | or before July 1, 2007. | ||||||
10 | The member's employer must give evidence of the member's | ||||||
11 | notification by providing to the System:
| ||||||
12 | (i) a copy of the member's notification to the employer | ||||||
13 | or the record of that notification;
| ||||||
14 | (ii) an affidavit signed by the member and the | ||||||
15 | employer, verifying the notification; and
| ||||||
16 | (iii) any additional documentation that the System may | ||||||
17 | require.
| ||||||
18 | (c) Except as otherwise provided in subsection (b), and | ||||||
19 | subject to the provisions of Section 16-176, a member retiring | ||||||
20 | on or after July 1, 2005, and applying for a retirement annuity | ||||||
21 | within 6 months of the last day of teaching for which | ||||||
22 | retirement contributions were required, may elect at the time | ||||||
23 | of application for a retirement annuity, to make a one-time | ||||||
24 | member contribution to the System and thereby avoid the | ||||||
25 | reduction in the retirement annuity for retirement before age | ||||||
26 | 60 specified in paragraph (B) of Section 16-133. The exercise |
| |||||||
| |||||||
1 | of the election shall also obligate the last employer to make a | ||||||
2 | one-time nonrefundable contribution to the System. Substitute | ||||||
3 | teachers wishing to exercise this election must teach 85 or | ||||||
4 | more days in one school term with one employer, who shall be | ||||||
5 | deemed the last employer for purposes of this Section. The last | ||||||
6 | day of teaching with that employer must be within 6 months of | ||||||
7 | the date of application for retirement. All substitute teaching | ||||||
8 | credit applied toward the required 85 days must be earned after | ||||||
9 | June 30, 1990. | ||||||
10 | The one-time member and employer contributions shall be a | ||||||
11 | percentage of the retiring member's highest annual salary rate | ||||||
12 | used in the determination of the average salary for retirement | ||||||
13 | annuity purposes. However, when determining the one-time | ||||||
14 | member and employer contributions, that part of a member's | ||||||
15 | salary with the same employer which exceeds the annual salary | ||||||
16 | rate for the preceding year by more than 20% shall be excluded. | ||||||
17 | The member contribution shall be at the rate of 11.5% for the | ||||||
18 | lesser of the following 2 periods: (1) for each year that the | ||||||
19 | member is less than age 60; or (2) for each year that the | ||||||
20 | member's creditable service is less than 35 years. The employer | ||||||
21 | contribution shall be at the rate of 23.5% for each year the | ||||||
22 | member is under age 60 and shall be payable to the System | ||||||
23 | within 30 days after receipt of the bill. These employer | ||||||
24 | payments shall be subject to Section 16-158.1 of this Code. . | ||||||
25 | Upon receipt of the application and election, the System | ||||||
26 | shall determine the one-time employee and employer |
| |||||||
| |||||||
1 | contributions required. The member contribution shall be | ||||||
2 | credited to the individual account of the member and the | ||||||
3 | employer contribution shall be credited to the Benefit Trust | ||||||
4 | Reserve. The avoidance of the reduction in retirement annuity | ||||||
5 | provided under this subsection (c) is not applicable until the | ||||||
6 | member's contribution, if any, has been received by the System; | ||||||
7 | however, the date that contribution is received shall not be | ||||||
8 | considered in determining the effective date of retirement.
| ||||||
9 | The number of members working for a single employer who may | ||||||
10 | retire under this subsection (c) in any year may be limited at | ||||||
11 | the option of the employer to a specified percentage of those | ||||||
12 | eligible, not less than 10%, with the right to participate to | ||||||
13 | be allocated among those applying on the basis of seniority in | ||||||
14 | the service of the employer. | ||||||
15 | (Source: P.A. 93-469, eff. 8-8-03; 94-4, eff. 6-1-05.)
| ||||||
16 | (40 ILCS 5/16-136.4) (from Ch. 108 1/2, par. 16-136.4)
| ||||||
17 | Sec. 16-136.4. Single-sum retirement benefit.
| ||||||
18 | (a) A member who has less than 5 years of creditable | ||||||
19 | service shall be
entitled, upon written application to the | ||||||
20 | board, to receive a retirement
benefit payable in a single sum | ||||||
21 | upon or after the member's attainment of
age 65. However, the | ||||||
22 | benefit shall not be paid while the member is
employed as a | ||||||
23 | teacher in the schools included under this Article or Article
| ||||||
24 | 17, unless the System is required by federal law to make | ||||||
25 | payment due to the
member's age.
|
| |||||||
| |||||||
1 | (b) The retirement benefit shall consist of a single sum | ||||||
2 | that is the
actuarial equivalent of a life annuity consisting | ||||||
3 | of 2.2% 1.67% of the member's
final average salary for each | ||||||
4 | year of creditable service. In determining
the amount of the | ||||||
5 | benefit, a fractional year shall be granted proportional
| ||||||
6 | credit.
| ||||||
7 | For the purposes of this Section, final average salary | ||||||
8 | shall be the
average salary of the member's highest 4 | ||||||
9 | consecutive years of service
as determined under rules of the | ||||||
10 | board. For a member with less than 4
consecutive years of | ||||||
11 | service, final average salary shall be the average
salary | ||||||
12 | during the member's entire period of service. In the | ||||||
13 | determination
of final average salary for members other than | ||||||
14 | elected officials and their
appointees when such appointees are | ||||||
15 | allowed by statute, that part of a
member's salary which | ||||||
16 | exceeds the member's annual full-time salary rate
with the same | ||||||
17 | employer for the preceding year by more than 20% shall be
| ||||||
18 | excluded.
The exclusion shall not apply in any year in which | ||||||
19 | the member's creditable
earnings are less than 50% of the | ||||||
20 | preceding year's mean salary for downstate
teachers as | ||||||
21 | determined by the survey of school district salaries provided | ||||||
22 | in
Section 2-3.103 of the School Code.
| ||||||
23 | (c) The retirement benefit determined under this Section | ||||||
24 | shall be
available to all members who render teaching service | ||||||
25 | after July 1, 1947 for
which member contributions are required.
| ||||||
26 | (d) Upon acceptance of the retirement benefit, all of the |
| |||||||
| |||||||
1 | member's
accrued rights and credits in the System are | ||||||
2 | forfeited. Receipt of a
single-sum retirement benefit under | ||||||
3 | this Section does not make a person an
"annuitant" for the | ||||||
4 | purposes of this Article, nor a "benefit recipient" for
the | ||||||
5 | purposes of Sections 16-153.1 through 16-153.4.
| ||||||
6 | (Source: P.A. 91-887, eff. 7-6-00.)
| ||||||
7 | (40 ILCS 5/16-158.1) (from Ch. 108 1/2, par. 16-158.1)
| ||||||
8 | Sec. 16-158.1. Actions to enforce payments by school | ||||||
9 | districts and
other employing units. Any school district or | ||||||
10 | other
employing unit failing to transmit to the System | ||||||
11 | contributions required of
it under this Article or | ||||||
12 | contributions required of teachers, for more
than 90 days after | ||||||
13 | such contributions are due is subject to the following:
after | ||||||
14 | giving notice to the district or other unit, the System may | ||||||
15 | certify
to the State Comptroller or the Regional Superintendent | ||||||
16 | of Schools the
amounts of such delinquent payments and the | ||||||
17 | State Comptroller or the
Regional Superintendent of Schools | ||||||
18 | shall deduct the amounts so certified
or any part thereof from | ||||||
19 | any State funds to be remitted
to the school district or other | ||||||
20 | employing unit involved and shall
pay the amount so deducted to | ||||||
21 | the System. If State funds from which
such deductions may be | ||||||
22 | made are not available, the System may proceed
against the | ||||||
23 | school district or other employing unit to recover the
amounts | ||||||
24 | of such delinquent payments in the appropriate circuit court | ||||||
25 | and the System may charge interest at a rate equal to the |
| |||||||
| |||||||
1 | System's annual actuarially assumed rate of return on | ||||||
2 | investment compounded annually from the 91st day after the | ||||||
3 | school district receives the bill .
| ||||||
4 | The System may provide for an
audit of the records of a | ||||||
5 | school district or other employing unit as
may be required to | ||||||
6 | establish the amounts of required contributions.
The school | ||||||
7 | district or other employing unit shall make its records
| ||||||
8 | available to the System for the purpose of such audit. The cost | ||||||
9 | of such
audit shall be added to the amount of the delinquent | ||||||
10 | payments and shall
be recovered by the System from the school | ||||||
11 | district or other employing
unit at the same time and in the | ||||||
12 | same manner as the delinquent payments
are recovered.
| ||||||
13 | (Source: P.A. 90-448, eff. 8-16-97.)
| ||||||
14 | (40 ILCS 5/16-165) (from Ch. 108 1/2, par. 16-165) | ||||||
15 | Sec. 16-165. Board; elected members; vacancies.
| ||||||
16 | (a) In each odd-numbered year, there shall be elected 2 | ||||||
17 | teachers who
shall hold office for a term of 4 years beginning | ||||||
18 | July 15 next following their
election, in the manner provided | ||||||
19 | under this Section. An elected teacher
member of the board who | ||||||
20 | ceases to be a teacher as defined in Section 16-106 may
| ||||||
21 | continue to serve on the board for the remainder of the term to | ||||||
22 | which he or she
was elected.
| ||||||
23 | (b) One elected annuitant trustee shall first be elected in
| ||||||
24 | 1987, and in every fourth year thereafter, for a
term of 4 | ||||||
25 | years beginning July 15 next following his or her election.
|
| |||||||
| |||||||
1 | (c) The elected annuitant position created by this | ||||||
2 | amendatory Act of
the 91st General Assembly shall be filled as | ||||||
3 | soon as possible in the manner
provided for vacancies, for an | ||||||
4 | initial term ending July 15, 2001. One
elected annuitant | ||||||
5 | trustee shall be elected in 2001, and in every fourth year
| ||||||
6 | thereafter, for a term of 4 years beginning July 15 next | ||||||
7 | following his or her
election.
| ||||||
8 | (d) Elections shall be held on May 1, unless May 1 falls on | ||||||
9 | a Saturday
or Sunday, in which event the election shall be | ||||||
10 | conducted on the
following Monday. Candidates shall be | ||||||
11 | nominated by petitions in writing,
signed by not less than 500 | ||||||
12 | teachers or annuitants, as the case may be, with
their | ||||||
13 | addresses shown opposite their names. The petitions shall be | ||||||
14 | filed with
the board's Secretary not less than 90 nor more than | ||||||
15 | 120 days prior to May 1.
The Secretary shall determine their | ||||||
16 | validity not less than 75 days before the
election.
| ||||||
17 | (e) If, for either teacher or annuitant members, the number | ||||||
18 | of qualified
nominees exceeds the number of available | ||||||
19 | positions,
the system shall prepare an appropriate ballot with | ||||||
20 | the names of the candidates
in alphabetical order and shall | ||||||
21 | mail one copy thereof, at least 10 days prior
to the election | ||||||
22 | day, to each teacher or annuitant of this system as of the
| ||||||
23 | latest date practicable, at the latest known address, together | ||||||
24 | with a return
envelope addressed to the board and also a | ||||||
25 | smaller envelope marked "For Ballot
Only", and a slip for | ||||||
26 | signature. Each voter, upon marking his ballot with a
cross |
| |||||||
| |||||||
1 | mark in the square before the name of the person voted for, | ||||||
2 | shall place
the ballot in the envelope marked "For Ballot | ||||||
3 | Only", seal the envelope, write
on the slip provided therefor | ||||||
4 | his signature and address, enclose both the slip
and sealed | ||||||
5 | envelope containing the marked ballot in the return envelope
| ||||||
6 | addressed to the board, and mail it. Whether a person is | ||||||
7 | eligible to vote for
the teacher nominees or the annuitant | ||||||
8 | nominees shall be
determined from system payroll records as of | ||||||
9 | March 1.
| ||||||
10 | Upon receipt of the return envelopes, the system shall open | ||||||
11 | them and set
aside unopened the envelopes marked "For Ballot | ||||||
12 | Only". On election day ballots
shall be publicly opened and | ||||||
13 | counted by the trustees or canvassers appointed
therefor. Each | ||||||
14 | vote cast for a candidate represents one vote only. No ballot
| ||||||
15 | arriving after 10 o'clock a.m. on election day shall be | ||||||
16 | counted. The 2 teacher
candidates and the annuitant candidate | ||||||
17 | receiving the highest number of votes
shall be elected. The | ||||||
18 | board shall declare the results of the election, keep a
record | ||||||
19 | thereof, and notify the candidates of the results thereof | ||||||
20 | within 30 days
after the election.
| ||||||
21 | If, for either class of members, there are only as many
| ||||||
22 | qualified nominees as there are positions available, the | ||||||
23 | balloting as described
in this
Section shall not be conducted | ||||||
24 | for those nominees,
and the board shall declare them duly | ||||||
25 | elected.
| ||||||
26 | (f) A vacancy occurring in the elective membership of
the |
| |||||||
| |||||||
1 | board
shall be filled for the unexpired term by a person | ||||||
2 | qualified
for the vacant position, selected by the remaining | ||||||
3 | elected members of the
board, if there are no more than 6 | ||||||
4 | months remaining on the
term. For a term with more than 6 | ||||||
5 | months remaining, the Director of the
Teachers' Retirement | ||||||
6 | System of the State of Illinois shall institute an
election in | ||||||
7 | accordance with this Act to fill the unexpired term ; however, | ||||||
8 | if the Board's secretary determines there is inadequate time to | ||||||
9 | hold a special election so as to allow the newly elected | ||||||
10 | trustee to participate in at least one regularly scheduled | ||||||
11 | Board meeting, then no special election shall be held and the | ||||||
12 | vacancy shall remain until the next regular election .
| ||||||
13 | (Source: P.A. 94-423, eff. 8-2-05; 94-710, eff. 12-5-05; | ||||||
14 | 95-331, eff. 8-21-07.)
| ||||||
15 | (40 ILCS 5/16-203.1 new)
| ||||||
16 | Sec. 16-203.1. New benefit increases. The General Assembly | ||||||
17 | finds and declares that the amendment to Section 16-136.4 made | ||||||
18 | by this amendatory Act of the 95th General Assembly that | ||||||
19 | increases the retirement benefit of a member constitutes a new | ||||||
20 | benefit increase within the meaning of Section 16-203. The | ||||||
21 | additional funding required under Section 16-203 for this new | ||||||
22 | benefit increase was provided for by the increase in employee | ||||||
23 | and employer contributions for this purpose under Public Act | ||||||
24 | 90-582. |
| |||||||
| |||||||
1 | Section 90. The State Mandates Act is amended by adding | ||||||
2 | Section 8.32 as follows: | ||||||
3 | (30 ILCS 805/8.32 new) | ||||||
4 | Sec. 8.32. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
5 | of this Act, no reimbursement by the State is required for the | ||||||
6 | implementation of any mandate created by this amendatory Act of | ||||||
7 | the 95th General Assembly.
| ||||||
8 | Section 99. Effective date. This Act takes effect upon | ||||||
9 | becoming law.
|