Full Text of HB4788 96th General Assembly
HB4788 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB4788
Introduced 1/12/2010, by Rep. Michael J. Zalewski SYNOPSIS AS INTRODUCED: |
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40 ILCS 5/8-192 | from Ch. 108 1/2, par. 8-192 |
40 ILCS 5/8-193 |
from Ch. 108 1/2, par. 8-193 |
40 ILCS 5/8-194 |
from Ch. 108 1/2, par. 8-194 |
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Amends the Chicago Municipal Article of the Illinois Pension Code. Allows the city treasurer, with the approval of the board, to appoint a designee from among employees of the city who are versed in the affairs of the treasurer's office to act in the absence of the treasurer on all matters pertaining to administering the provisions of the Article. Provides that, beginning with the election in 2011, the Board shall consist of the city comptroller, the city treasurer, 2 members who shall be employees, and one member who shall be an employee annuitant (rather than the city comptroller, the city treasurer, and 3 members who shall be employees). Makes conforming changes.
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FISCAL NOTE ACT MAY APPLY |
PENSION IMPACT NOTE ACT MAY APPLY |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
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A BILL FOR
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HB4788 |
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LRB096 15811 AMC 31052 b |
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| AN ACT concerning the public employee benefits.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Pension Code is amended by changing | 5 |
| Sections 8-192, 8-193, and 8-194 as follows:
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| (40 ILCS 5/8-192)
(from Ch. 108 1/2, par. 8-192)
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| Sec. 8-192. Board created. A board of 5 members shall | 8 |
| constitute a Board of Trustees authorized to
carry out the | 9 |
| provisions of this Article. The board shall be known as the
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| Retirement Board of the Municipal Employees', Officers', and | 11 |
| Officials'
Annuity and Benefit Fund of the city, or for the | 12 |
| sake of brevity may also
be known and referred to as the | 13 |
| Retirement Board of the Municipal
Employees' Annuity and | 14 |
| Benefit Fund of such city. Until the election in 2011, the The | 15 |
| board shall consist
of the city comptroller, the city | 16 |
| treasurer, and 3 members who shall be
employees, to be elected | 17 |
| as follows:
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| Within 30 days after the effective date, the mayor of the | 19 |
| city shall
arrange for and hold an election.
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| One employee shall be elected for a term ending on the | 21 |
| first day in the
month of December of the first year next | 22 |
| following the effective date; one
for a term ending December | 23 |
| 1st of the following year; and one for a term
ending on |
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HB4788 |
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LRB096 15811 AMC 31052 b |
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| December 1st of the second following year.
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| The city comptroller, with the approval of the board, may | 3 |
| appoint a
designee from among employees of the city who are | 4 |
| versed in the affairs of
the comptroller's office to act in the | 5 |
| absence of the comptroller on all
matters pertaining to | 6 |
| administering the provisions of this Article.
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| The city treasurer, with the approval of the board, may | 8 |
| appoint a designee from among employees of the city who are | 9 |
| versed in the affairs of the treasurer's office to act in the | 10 |
| absence of the treasurer on all matters pertaining to | 11 |
| administering the provisions of this Article. | 12 |
| The members of a Retirement Board of a municipal | 13 |
| employees', officers',
and officials' annuity and benefit fund | 14 |
| holding office in a city at the
time this Article becomes | 15 |
| effective, including elective and ex-officio
members, shall | 16 |
| continue in office until the expiration of their terms and
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| until their respective successors are elected or appointed and | 18 |
| have
qualified.
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| Beginning with the election in 2011, the Board shall | 20 |
| consist of the city comptroller, the city treasurer, 2 members | 21 |
| who shall be employees, and one member who shall be an employee | 22 |
| annuitant. If an employee who is an elected member of the board | 23 |
| on the effective date of this amendatory Act of the 96th | 24 |
| General Assembly resigns from the service of the employer and | 25 |
| retires on annuity upon resignation before the end of his or | 26 |
| her current term and before the 2011 trustee election, he or |
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HB4788 |
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LRB096 15811 AMC 31052 b |
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| she may continue as a board member until the end of his or her | 2 |
| term. Only one previously active board member may continue to | 3 |
| serve on the board after retirement. | 4 |
| An employee member who takes advantage of the early | 5 |
| retirement incentives
provided under this amendatory Act of the | 6 |
| 93rd General Assembly may continue as
a member until the end of | 7 |
| his or her term.
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| The initial annuitant member of the board elected in 2011 | 9 |
| shall be elected for a 3-year term ending on December 1, 2014. | 10 |
| Thereafter, the annuitant member shall be elected for a 3-year | 11 |
| term ending on December 1st of the third year following the | 12 |
| election. | 13 |
| (Source: P.A. 93-654, eff. 1-16-04.)
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| (40 ILCS 5/8-193) (from Ch. 108 1/2, par. 8-193)
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| Sec. 8-193. Board elections. | 16 |
| (a) In each year, the board shall conduct a regular | 17 |
| election, under rules
adopted by it, at least 30 days prior to | 18 |
| the expiration of the term of
the employee member whose term | 19 |
| next expires, for the election of a
successor for a term of 3 | 20 |
| years. Each employee member and his successor
shall be an | 21 |
| employee who holds a position by certification and
appointment | 22 |
| as a result of a competitive civil service examination as
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| distinguished from temporary appointment for a period of not | 24 |
| less than 5
years prior to the date of election or so holds a | 25 |
| position which is not
exempt from the classified or the |
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HB4788 |
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LRB096 15811 AMC 31052 b |
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| personnel ordinance by a city that adopted
a career service | 2 |
| ordinance. At any such election including the
initial election | 3 |
| and special elections to fill vacancies in such office,
all | 4 |
| persons who are employee participants at the time such election | 5 |
| is
held, shall have a right to vote. The ballot shall be of | 6 |
| secret
character.
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| (b) The board shall conduct a regular election, under rules | 8 |
| adopted by it, at least 30 days prior to the term of the | 9 |
| annuitant member, for the election of a successor for a term of | 10 |
| 3 years. Each annuitant member and his or her successor shall | 11 |
| be a former employee receiving a retirement annuity from the | 12 |
| Fund. The employee annuitant shall have retired from a position | 13 |
| described in paragraph (a) of this Section for an active board | 14 |
| member and shall have been a contributing member of the Fund on | 15 |
| a payday-by-payday basis for the 5 years immediately preceding | 16 |
| withdrawal, based on salary paid on the regular payroll of the | 17 |
| employer. At any such election all persons who are receiving an | 18 |
| employee annuity from the Fund at the time the election is held | 19 |
| have a right to vote. The ballot shall be a secret character. | 20 |
| (c) Any elective member of the board shall hold office | 21 |
| until his
successor is elected and qualified.
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| Any person elected or appointed as a member of the board | 23 |
| shall
qualify by taking an oath of office to be administered by | 24 |
| the city
clerk. A copy thereof shall be kept in the office of | 25 |
| the city clerk.
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| (Source: P.A. 81-782.)
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LRB096 15811 AMC 31052 b |
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| (40 ILCS 5/8-194) (from Ch. 108 1/2, par. 8-194)
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| Sec. 8-194. Board vacancy.
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| A vacancy in the membership of the board shall be filled as | 4 |
| follows:
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| If the vacancy is that of an ex-officio member, the mayor | 6 |
| of the city
shall appoint a person to serve until a person | 7 |
| qualified as hereinbefore
described shall assume the duties of | 8 |
| member. If the vacancy is that of an
elective office the | 9 |
| remaining elective members of the board shall appoint a
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| successor from among the employees or employee annuitants (as | 11 |
| the case may be) who shall serve until an employee or employee | 12 |
| annuitant is
elected and qualified for the remainder of the | 13 |
| unexpired term. The employee or employee annuitant
shall be | 14 |
| elected at a special election to be held concurrently with and | 15 |
| in
the same manner as the next regular election for an employee | 16 |
| member .
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| Any appointive or elective member who leaves the service of | 18 |
| the employer , other than the employee annuitant member, or | 19 |
| becomes a
member of any other annuity and benefit fund, or any | 20 |
| pension fund, shall
automatically cease to be a member of the | 21 |
| board , except as provided in Section 8-192. If the employee | 22 |
| annuitant member ceases to be an annuitant of the Fund, he or | 23 |
| she shall cease to be a member of the board and the position is | 24 |
| deemed to have become vacant .
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| (Source: Laws 1963, p. 161.)
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