Full Text of HB5171 102nd General Assembly
HB5171eng 102ND GENERAL ASSEMBLY |
| | HB5171 Engrossed | | LRB102 22737 RPS 31883 b |
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| 1 | | AN ACT concerning public employee benefits.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Pension Code is amended by | 5 | | changing Section 22C-116 as follows: | 6 | | (40 ILCS 5/22C-116) | 7 | | Sec. 22C-116. Conduct and administration of elections; | 8 | | terms of office. | 9 | | (a) For the election of the permanent trustees, the | 10 | | transition board shall administer the initial elections and | 11 | | the permanent board shall administer all subsequent elections. | 12 | | Each board shall develop and implement such procedures as it | 13 | | determines to be appropriate for the conduct of such | 14 | | elections. For the purposes of obtaining information necessary | 15 | | to conduct elections under this Section, participating pension | 16 | | funds shall cooperate with the Fund. | 17 | | (b) All nominations for election shall be by petition. | 18 | | Each petition for a trustee shall be executed as follows: | 19 | | (1) for trustees to be elected by the mayors and | 20 | | presidents of municipalities or fire protection districts | 21 | | that have participating pension funds, by at least 20 such | 22 | | mayors and presidents; except that this item (1) shall | 23 | | apply only with respect to participating pension funds; |
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| 1 | | (2) for trustees to be elected by participants, by at | 2 | | least 400 participants; and | 3 | | (3) for trustees to be elected by beneficiaries, by at | 4 | | least 100 beneficiaries. | 5 | | (c) A separate ballot shall be used for each class of | 6 | | trustee. The board shall prepare and send ballots and ballot | 7 | | envelopes to the participants and beneficiaries eligible to | 8 | | vote in accordance with rules adopted by the board. The | 9 | | ballots shall contain the names of all candidates in | 10 | | alphabetical order. The ballot envelope shall have on the | 11 | | outside a form of certificate stating that the person voting | 12 | | the ballot is a participant or beneficiary entitled to vote. | 13 | | Participants and beneficiaries, upon receipt of the | 14 | | ballot, shall vote the ballot and place it in the ballot | 15 | | envelope, seal the envelope, execute the certificate thereon, | 16 | | and return the ballot to the Fund. | 17 | | The board shall set a final date for ballot return, and | 18 | | ballots received prior to that date in a ballot envelope with a | 19 | | properly executed certificate and properly voted shall be | 20 | | valid ballots. | 21 | | The board shall set a day for counting the ballots and name | 22 | | judges and clerks of election to conduct the count of ballots | 23 | | and shall make any rules necessary for the conduct of the | 24 | | count. | 25 | | The candidate or candidates receiving the highest number | 26 | | of votes for each class of trustee shall be elected ; except |
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| 1 | | that if the candidate or candidates under item (1) of | 2 | | subsection (b) of Section 22C-115 receiving the highest number | 3 | | of votes would result in there being no trustee who is from a | 4 | | fire protection district, then the candidate receiving the | 5 | | highest number of votes who is from a fire protection district | 6 | | shall be elected . In the case of a tie vote, the winner shall | 7 | | be determined in accordance with procedures developed by the | 8 | | Department of Insurance. | 9 | | In lieu of conducting elections via mail balloting as | 10 | | described in this Section, the board may instead adopt rules | 11 | | to provide for elections to be carried out solely via Internet | 12 | | balloting or phone balloting. Nothing in this Section | 13 | | prohibits the Fund from contracting with a third party to | 14 | | administer the election in accordance with this Section. | 15 | | (d) At any election, voting shall be as follows: | 16 | | (1) Each person authorized to vote for an elected | 17 | | trustee may cast one vote for each related position for | 18 | | which such person is entitled to vote and may cast such | 19 | | vote for any candidate or candidates on the ballot for | 20 | | such trustee position. | 21 | | (2) If only one candidate for each position is | 22 | | properly nominated in petitions received, that candidate | 23 | | shall be deemed the winner and no election under this | 24 | | Section shall be required. | 25 | | (3) The results shall be entered in the minutes of the | 26 | | first meeting of the board following the tally of votes. |
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| 1 | | (e) The initial election for permanent trustees shall be | 2 | | held and the permanent board shall be seated no later than 12 | 3 | | months after the effective date of this amendatory Act of the | 4 | | 101st General Assembly. Each subsequent election shall be held | 5 | | no later than 30 days prior to the end of the term of the | 6 | | incumbent trustees. | 7 | | (f) The elected trustees shall each serve for terms of 4 | 8 | | years commencing on the first business day of the first month | 9 | | after election; except that the terms of office of the | 10 | | initially elected trustees shall be as follows: | 11 | | (1) One trustee elected pursuant to item (1) of | 12 | | subsection (b) of Section 22C-115 shall serve for a term | 13 | | of 2 years and 2 trustees elected pursuant to item (1) of | 14 | | subsection (b) of Section 22C-115 shall serve for a term | 15 | | of 4 years; | 16 | | (2) One trustee elected pursuant to item (2) of | 17 | | subsection (b) of Section 22C-115 shall serve for a term | 18 | | of 2 years and 2 trustees elected pursuant to item (2) of | 19 | | subsection (b) of Section 22C-115 shall serve for a term | 20 | | of 4 years; and | 21 | | (3) The trustee elected pursuant to item (3) of | 22 | | subsection (b) of Section 22C-115 shall serve for a term | 23 | | of 2 years. | 24 | | (g) The trustees appointed pursuant to items (4) and (5) | 25 | | of subsection (b) of Section 22C-115 shall each serve for a | 26 | | term of 4 years commencing on the first business day of the |
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| 1 | | first month after the election of the elected trustees. | 2 | | (h) A member of the board who was elected pursuant to item | 3 | | (1) of subsection (b) of Section 22C-115 who ceases to serve as | 4 | | a mayor, president, chief executive officer, chief financial | 5 | | officer, or other officer, executive, or department head of a | 6 | | municipality or fire protection district that has a | 7 | | participating pension fund shall not be eligible to serve as a | 8 | | member of the board and his or her position shall be deemed | 9 | | vacant. A member of the board who was elected by the | 10 | | participants of participating pension funds who ceases to be a | 11 | | participant may serve the remainder of his or her elected | 12 | | term. | 13 | | For a vacancy of an elected trustee occurring with an | 14 | | unexpired term of 6 months or more, an election shall be | 15 | | conducted for the vacancy in accordance with Section 22C-115 | 16 | | and this Section. | 17 | | For a vacancy of an elected trustee occurring with an | 18 | | unexpired term of less than 6 months, the vacancy shall be | 19 | | filled by appointment by the board for the unexpired term as | 20 | | follows: a vacancy of a member elected pursuant to item (1) of | 21 | | subsection (b) of Section 22C-115 shall be filled by a mayor, | 22 | | president, chief executive officer, chief financial officer, | 23 | | or other officer, executive, or department head of a | 24 | | municipality or fire protection district that has a | 25 | | participating pension fund; a vacancy of a member elected | 26 | | pursuant to item (2) of subsection (b) of Section 22C-115 |
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| 1 | | shall be filled by a participant of a participating pension | 2 | | fund; and a vacancy of a member elected under item (3) of | 3 | | subsection (b) of Section 22C-115 shall be filled by a | 4 | | beneficiary of a participating pension fund. | 5 | | Vacancies among the appointed trustees shall be filled for | 6 | | unexpired terms by appointment in like manner as for the | 7 | | original appointments.
| 8 | | (Source: P.A. 101-610, eff. 1-1-20.)
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law.
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