Full Text of SB1871 94th General Assembly
SB1871sam001 94TH GENERAL ASSEMBLY
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Sen. James F. Clayborne Jr.
Filed: 3/16/2005
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| AMENDMENT TO SENATE BILL 1871
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| AMENDMENT NO. ______. Amend Senate Bill 1871 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Illinois Pension Code is amended by | 5 |
| changing Sections 7-174 and 7-175 as follows:
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| (40 ILCS 5/7-174) (from Ch. 108 1/2, par. 7-174)
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| Sec. 7-174. Board created.
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| (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
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| 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.
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| (b) The board shall consist of representatives of various | 16 |
| groups as
follows:
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| 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.
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| 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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| employees), and each such trustee shall be designated
as an | 2 |
| employee trustee.
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| 3. One trustee shall be a sheriff's law enforcement | 4 |
| employee (SLEP), who shall be designated the SLEP trustee.
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| 4.
3. One trustee shall be an annuitant of the Fund, | 6 |
| who shall be
designated the annuitant trustee.
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| (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.
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| (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.
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| (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
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| 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.
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| (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.
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| (g) Trustees shall serve without compensation, but shall be
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| 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.
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| (h) Each trustee other than the annuitant trustee shall be |
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| 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.
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| (Source: P.A. 89-136, eff. 7-14-95.)
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| (40 ILCS 5/7-175) (from Ch. 108 1/2, par. 7-175)
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| Sec. 7-175. Board elections.
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| (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.
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| (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.
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| 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
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| candidate at the following election.
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| 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.
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| 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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| following election.
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| (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
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| getting the highest number of votes shall be elected.
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| (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
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| follows:
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| 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
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| candidate on the executive trustee ballot.
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| 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.
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| 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.
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| 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.
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| 5.
4. A vote may be cast for a person not on the ballot | 33 |
| by writing in his
or her name.
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| (e) The election shall be by ballot pursuant to the rules |
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| 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.
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| (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.
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| (Source: P.A. 89-136, eff. 7-14-95.)
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| Section 99. Effective date. This Act takes effect upon | 11 |
| becoming law.".
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