Full Text of SB1587 95th General Assembly
SB1587sam002 95TH GENERAL ASSEMBLY
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Sen. Michael W. Frerichs
Filed: 3/23/2007
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LRB095 11140 AMC 34477 a |
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| AMENDMENT TO SENATE BILL 1587
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| AMENDMENT NO. ______. Amend Senate Bill 1587 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 Section 16-163 and 16-165
as follows:
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| (40 ILCS 5/16-163) (from Ch. 108 1/2, par. 16-163) | 7 |
| Sec. 16-163. Board created. A board of 12
11 members | 8 |
| constitutes the
board of trustees authorized to carry out the | 9 |
| provisions of this Article and is
responsible for the general | 10 |
| administration of the System. The board shall
be known as the | 11 |
| Board of Trustees of the Teachers' Retirement System
of the | 12 |
| State of Illinois. The board shall be composed of the
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| Superintendent of Education, ex officio, who shall be the | 14 |
| president of the
board; 4 persons, not members of the System, | 15 |
| to be appointed by the Governor,
who shall hold no elected | 16 |
| State office; 5
4 persons who, at the time of their
election, |
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| are
teachers as defined in Section 16-106, elected by the
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| contributing members; and 2 annuitant members elected by the | 3 |
| annuitants of the
System, as provided in Section 16-165.
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| (Source: P.A. 94-423, eff. 8-2-05.)
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| (40 ILCS 5/16-165) (from Ch. 108 1/2, par. 16-165) | 6 |
| Sec. 16-165. Board; elected members; vacancies.
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| (a) In each odd-numbered year, there shall be elected 2 | 8 |
| teachers who
shall hold office for a term of 4 years beginning | 9 |
| July 15 next following their
election, in the manner provided | 10 |
| under this Section. An elected teacher
member of the board who | 11 |
| ceases to be a teacher as defined in Section 16-106 may
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| continue to serve on the board for the remainder of the term to | 13 |
| which he or she
was elected.
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| (a-5) The elected teacher member added by this amendatory | 15 |
| Act of
the 95th General Assembly shall be filled as soon as | 16 |
| possible in the manner
provided for vacancies, for an initial | 17 |
| term ending July 15, 2011. One
additional elected teacher | 18 |
| trustee shall be elected in 2011, and in every fourth year
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| thereafter, for a term of 4 years beginning July 15 next | 20 |
| following his or her
election.
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| (b) One elected annuitant trustee shall first be elected in
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| 1987, and in every fourth year thereafter, for a
term of 4 | 23 |
| years beginning July 15 next following his or her election.
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| (c) The elected annuitant position created by this | 25 |
| amendatory Act of
the 91st General Assembly shall be filled as |
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| soon as possible in the manner
provided for vacancies, for an | 2 |
| initial term ending July 15, 2001. One
elected annuitant | 3 |
| trustee shall be elected in 2001, and in every fourth year
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| thereafter, for a term of 4 years beginning July 15 next | 5 |
| following his or her
election.
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| (d) Elections shall be held on May 1, unless May 1 falls on | 7 |
| a Saturday
or Sunday, in which event the election shall be | 8 |
| conducted on the
following Monday. Candidates shall be | 9 |
| nominated by petitions in writing,
signed by not less than 500 | 10 |
| teachers or annuitants, as the case may be, with
their | 11 |
| addresses shown opposite their names. The petitions shall be | 12 |
| filed with
the board's Secretary not less than 90 nor more than | 13 |
| 120 days prior to May 1.
The Secretary shall determine their | 14 |
| validity not less than 75 days before the
election.
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| (d-5) Beginning July 15, 2009, not more than 4 of the 5 | 16 |
| active teachers
elected to the Board of Trustees may be active | 17 |
| members of the same statewide
teacher organization. For the | 18 |
| purposes of this Section, "statewide teacher
organization" | 19 |
| means a teacher organization (1) in which membership is not
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| restricted to persons living or teaching within a limited | 21 |
| geographical area
of this State and (2) that has among its | 22 |
| membership at least 10,000 persons
who participate in this | 23 |
| System.
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| Candidates for the active teacher positions on the Board | 25 |
| shall indicate, in
their nomination petitions and campaign | 26 |
| materials, which (if any) statewide
teacher organizations they |
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| have belonged to during the 5 years preceding the
election.
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| (e) If, for either teacher or annuitant members, the number | 3 |
| of qualified
nominees exceeds the number of available | 4 |
| positions,
the system shall prepare an appropriate ballot with | 5 |
| the names of the candidates
in alphabetical order and shall | 6 |
| mail one copy thereof, at least 10 days prior
to the election | 7 |
| day, to each teacher or annuitant of this system as of the
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| latest date practicable, at the latest known address, together | 9 |
| with a return
envelope addressed to the board and also a | 10 |
| smaller envelope marked "For Ballot
Only", and a slip for | 11 |
| signature. Each voter, upon marking his ballot with a
cross | 12 |
| mark in the square before the name of the person voted for, | 13 |
| shall place
the ballot in the envelope marked "For Ballot | 14 |
| Only", seal the envelope, write
on the slip provided therefor | 15 |
| his signature and address, enclose both the slip
and sealed | 16 |
| envelope containing the marked ballot in the return envelope
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| addressed to the board, and mail it. Whether a person is | 18 |
| eligible to vote for
the teacher nominees or the annuitant | 19 |
| nominees shall be
determined from system payroll records as of | 20 |
| March 1.
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| Upon receipt of the return envelopes, the system shall open | 22 |
| them and set
aside unopened the envelopes marked "For Ballot | 23 |
| Only". On election day ballots
shall be publicly opened and | 24 |
| counted by the trustees or canvassers appointed
therefor. Each | 25 |
| vote cast for a candidate represents one vote only. No ballot
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| arriving after 10 o'clock a.m. on election day shall be |
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| counted. | 2 |
| (e-3) The 2 teacher
candidates and the annuitant candidate | 3 |
| receiving the highest number of votes
shall be declared
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| elected , except that beginning
with the election in 2009, if | 5 |
| the teacher candidate who receives the highest
number of votes | 6 |
| and the incumbent teacher members who are not up for election
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| belong to the same statewide teacher organization, then the | 8 |
| second teacher
candidate to be declared elected shall be the | 9 |
| candidate not a member of that
statewide teacher organization | 10 |
| who receives the highest number of votes, unless
there is no | 11 |
| such candidate . The board shall declare the results of the | 12 |
| election, keep a
record thereof, and notify the candidates of | 13 |
| the results thereof within 30 days
after the election.
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| (e-6) If, for either class of members, there are only as | 15 |
| many
qualified nominees as there are positions available, the | 16 |
| balloting as described
in this
Section shall not be conducted | 17 |
| for those nominees,
and the board shall declare them duly | 18 |
| elected.
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| (f) A vacancy occurring in the elective membership of
the | 20 |
| board
shall be filled for the unexpired term by a person | 21 |
| qualified
for the vacant position, selected by the remaining | 22 |
| elected members of the
board , if there are no more than 6 | 23 |
| months remaining on the
term. For a term with more than 6 | 24 |
| months remaining, the Director of the
Teachers' Retirement | 25 |
| System of the State of Illinois shall institute an
election in | 26 |
| accordance with this Act to fill the unexpired term.
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| (Source: P.A. 94-423, eff. 8-2-05; 94-710, eff. 12-5-05; | 2 |
| revised 12-8-05.)
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| Section 99. Effective date. This Act takes effect upon | 4 |
| becoming law.".
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