Illinois General Assembly - Full Text of SB0209
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Full Text of SB0209  102nd General Assembly

SB0209 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0209

 

Introduced 2/17/2021, by Sen. Robert F. Martwick

 

SYNOPSIS AS INTRODUCED:
 
40 ILCS 5/15-159  from Ch. 108 1/2, par. 15-159

    Amends the State Universities Article of the Illinois Pension Code. Provides that the term of an appointed trustee shall terminate immediately upon becoming a member of the system or being sworn into an elective State office, and the position shall be considered to be vacant. Provides that an elected trustee who is incumbent on the effective date of the amendatory Act whose status as a participating employee or annuitant has terminated after having been elected shall continue to serve in the participating employee or annuitant position to which he or she was elected for the remainder of the term. Provides that trustees shall continue in office until their respective successors are appointed and have qualified, except that a trustee elected (instead of appointed) to one of the participating employee (instead of participant) positions after the effective date of the amendatory Act shall be disqualified immediately upon the termination of his or her status as a participating employee (instead of participant) and a trustee elected (instead of appointed) to one of the annuitant positions after the effective date of the amendatory Act shall be disqualified immediately upon the termination of his or her status as an annuitant receiving a retirement annuity. Effective immediately.


LRB102 00210 RPS 10212 b

PENSION IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB0209LRB102 00210 RPS 10212 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
5changing Section 15-159 as follows:
 
6    (40 ILCS 5/15-159)  (from Ch. 108 1/2, par. 15-159)
7    Sec. 15-159. Board created.
8    (a) A board of trustees constituted as provided in this
9Section shall administer this System. The board shall be known
10as the Board of Trustees of the State Universities Retirement
11System.
12    (b) (Blank).
13    (c) (Blank).
14    (d) Beginning on the 90th day after April 3, 2009 (the
15effective date of Public Act 96-6), the Board of Trustees
16shall be constituted as follows:
17        (1) The Chairperson of the Board of Higher Education.
18        (2) Four trustees appointed by the Governor with the
19    advice and consent of the Senate who may not be members of
20    the system or hold an elective State office and who shall
21    serve for a term of 6 years, except that the terms of the
22    initial appointees under this subsection (d) shall be as
23    follows: 2 for a term of 3 years and 2 for a term of 6

 

 

SB0209- 2 -LRB102 00210 RPS 10212 b

1    years. The term of an appointed trustee shall terminate
2    immediately upon becoming a member of the system or being
3    sworn into an elective State office, and the position
4    shall be considered to be vacant and shall be filled
5    pursuant to subsection (f) of this Section.
6        (3) Four participating employees active participants
7    of the system to be elected from the contributing
8    membership of the system by the contributing members, no
9    more than 2 of which may be from any of the University of
10    Illinois campuses, who shall serve for a term of 6 years,
11    except that the terms of the initial electees shall be as
12    follows: 2 for a term of 3 years and 2 for a term of 6
13    years.
14        (4) Two annuitants of the system who have been
15    annuitants for at least one full year, to be elected from
16    and by the annuitants of the system, no more than one of
17    which may be from any of the University of Illinois
18    campuses, who shall serve for a term of 6 years, except
19    that the terms of the initial electees shall be as
20    follows: one for a term of 3 years and one for a term of 6
21    years.
22    The chairperson of the Board shall be appointed by the
23Governor from among the trustees.
24    For the purposes of this Section, the Governor may make a
25nomination and the Senate may confirm the nominee in advance
26of the commencement of the nominee's term of office.

 

 

SB0209- 3 -LRB102 00210 RPS 10212 b

1    (e) The 6 elected trustees shall be elected within 90 days
2after April 3, 2009 (the effective date of Public Act 96-6) for
3a term beginning on the 90th day after that effective date.
4Trustees shall be elected thereafter as terms expire for a
56-year term beginning July 15 next following their election,
6and such election shall be held on May 1, or on May 2 when May
71 falls on a Sunday. The board may establish rules for the
8election of trustees to implement the provisions of Public Act
996-6 and for future elections. Candidates for the
10participating trustee shall be nominated by petitions in
11writing, signed by not less than 400 participants with their
12addresses shown opposite their names. Candidates for the
13annuitant trustee shall be nominated by petitions in writing,
14signed by not less than 100 annuitants with their addresses
15shown opposite their names. If there is more than one
16qualified nominee for each elected trustee, then the board
17shall conduct a secret ballot election by mail for that
18trustee, in accordance with rules as established by the board.
19If there is only one qualified person nominated by petition
20for each elected trustee, then the election as required by
21this Section shall not be conducted for that trustee and the
22board shall declare such nominee duly elected. A vacancy
23occurring in the elective membership of the board shall be
24filled for the unexpired term by the elected trustees serving
25on the board for the remainder of the term. Nothing in this
26subsection shall preclude the adoption of rules providing for

 

 

SB0209- 4 -LRB102 00210 RPS 10212 b

1internet or phone balloting in addition, or as an alternative,
2to election by mail.
3    (f) A vacancy in the appointed membership on the board of
4trustees caused by resignation, death, expiration of term of
5office, or other reason shall be filled by a qualified person
6appointed by the Governor for the remainder of the unexpired
7term.
8    (g) Trustees (other than the trustees incumbent on June
930, 1995 or as provided in subsection (c) of this Section)
10shall continue in office until their respective successors are
11appointed and have qualified, except that a trustee elected
12appointed to one of the participating employee participant
13positions after the effective date of this amendatory Act of
14the 102nd General Assembly shall be disqualified immediately
15upon the termination of his or her status as a participating
16employee participant and a trustee elected appointed to one of
17the annuitant positions after the effective date of this
18amendatory Act of the 102nd General Assembly shall be
19disqualified immediately upon the termination of his or her
20status as an annuitant receiving a retirement annuity.
21    An elected trustee who is incumbent on the effective date
22of this amendatory Act of the 102nd General Assembly whose
23status as a participating employee or annuitant has terminated
24after having been elected shall continue to serve in the
25participating employee or annuitant position to which he or
26she was elected for the remainder of the term.

 

 

SB0209- 5 -LRB102 00210 RPS 10212 b

1    (h) Each trustee must take an oath of office before a
2notary public of this State and shall qualify as a trustee upon
3the presentation to the board of a certified copy of the oath.
4The oath must state that the person will diligently and
5honestly administer the affairs of the retirement system, and
6will not knowingly violate or willfully permit to be violated
7any provisions of this Article.
8    Each trustee shall serve without compensation but shall be
9reimbursed for expenses necessarily incurred in attending
10board meetings and carrying out his or her duties as a trustee
11or officer of the system.
12(Source: P.A. 101-610, eff. 1-1-20.)
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.