Full Text of HB5172 97th General Assembly
HB5172 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB5172 Introduced 2/8/2012, by Rep. Marlow H. Colvin SYNOPSIS AS INTRODUCED: |
| 40 ILCS 5/17-137 | from Ch. 108 1/2, par. 17-137 | 40 ILCS 5/17-138 | from Ch. 108 1/2, par. 17-138 | 40 ILCS 5/17-139 | from Ch. 108 1/2, par. 17-139 | 30 ILCS 805/8.36 new | |
| Amends the Chicago Teacher Article of the Illinois Pension Code. Adds a pensioner member to the Board of Trustees and makes corresponding changes. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
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| | FISCAL NOTE ACT MAY APPLY | PENSION IMPACT NOTE ACT MAY APPLY | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
| | A BILL FOR |
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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 changing | 5 | | Sections 17-137, 17-138, and 17-139 as follows:
| 6 | | (40 ILCS 5/17-137) (from Ch. 108 1/2, par. 17-137)
| 7 | | Sec. 17-137. Board created. There shall be elected a Board | 8 | | of Trustees,
herein also referred to as the "Board", to | 9 | | administer and
control the Fund
created by this Article. The | 10 | | Board shall consist of 13 12
members, 2 of whom shall be | 11 | | members of the Board of Education, 6
of whom shall be | 12 | | contributors who are not principals, one of whom shall be a
| 13 | | contributor who is a principal, and 4 3 of whom shall be | 14 | | pensioners,
all to be chosen as provided in this Article.
| 15 | | (Source: P.A. 89-136, eff. 7-14-95; 90-566, eff. 1-2-98.)
| 16 | | (40 ILCS 5/17-138) (from Ch. 108 1/2, par. 17-138)
| 17 | | Sec. 17-138. Board membership. At the first meeting of the | 18 | | Board of
Education in November of each year, the Board of | 19 | | Education
shall appoint one of its members to serve, while a | 20 | | member of the Board of
Education, on the Board of Trustees for | 21 | | a term of 2 years.
| 22 | | On the last school day of the 4th week of October of each |
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| 1 | | year there
shall be elected 2 members of the Board from the | 2 | | teachers other
than principals, who shall hold office for terms | 3 | | of 3 years
while retaining their status as teachers other than | 4 | | principals, and other
members to fill unexpired terms. In the | 5 | | event that schools are not in session
on or during the week | 6 | | prior to the last Friday in October, this election shall
be | 7 | | held on the Friday of the first subsequent full week of school. | 8 | | The
election shall be by secret ballot and shall be held in | 9 | | such manner as the
Board by bylaws or rules shall provide. Only | 10 | | teachers who are
not principals shall be eligible to vote in | 11 | | the election.
| 12 | | During the first week of November of 1995 and every third | 13 | | year thereafter,
one contributor who is a principal shall be | 14 | | elected a member of the Board. This trustee shall hold office | 15 | | for a term of 3 years while
retaining
his or her status as a | 16 | | principal. The election shall be by mail ballot and
only | 17 | | contributors who are principals shall be eligible to vote. The | 18 | | election
shall be held in the manner provided by the Board by | 19 | | rule or
bylaw.
| 20 | | During the first week of November of each odd-numbered year | 21 | | there shall
be elected 4 3 members of the Board from the | 22 | | pensioners,
who shall hold office for a term of 2 years while | 23 | | retaining their status
as pensioners. The election shall be by | 24 | | mail ballot to all service and
disability pensioners, and shall | 25 | | be held in such manner as the Board by bylaws or rules shall | 26 | | provide.
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| 1 | | All trustees, while members of the Board of Education or | 2 | | while
principals, teachers other than principals, or | 3 | | pensioners, as the
case may be, shall hold their offices
until | 4 | | their successors shall have been appointed or elected and | 5 | | qualified by
subscribing to the constitutional oath of office | 6 | | at the immediately succeeding
regular meeting of the Board.
| 7 | | (Source: P.A. 89-136, eff. 7-14-95; 90-566, eff. 1-2-98.)
| 8 | | (40 ILCS 5/17-139) (from Ch. 108 1/2, par. 17-139)
| 9 | | Sec. 17-139. Board elections and vacancies.
| 10 | | (1) Contributors other than principals election. Every
| 11 | | member who is not a principal or an administrator may vote at | 12 | | the election for as many persons
as there are trustees to be | 13 | | elected by the contributors who are not
principals or | 14 | | administrators. The name of a candidate shall not be printed | 15 | | upon
the ballot unless he or she has been assigned on a regular | 16 | | certificate for
at least 10 years in the Chicago public schools | 17 | | or charter schools and
nominated by a petition signed by not | 18 | | less than 200 contributors who are not
principals or | 19 | | administrators.
| 20 | | Petitions shall be filed with the recording secretary of | 21 | | the Fund on or after September
15 of each year and not later | 22 | | than October 1st of that year. No more than one
candidate may | 23 | | be nominated by any one petition. If the nominations do not
| 24 | | exceed the number of candidates to be elected, the canvassing | 25 | | board shall
declare the nominated candidates elected. |
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| 1 | | Otherwise, candidates receiving the
highest number of votes | 2 | | cast for their respective terms shall be declared
elected. The | 3 | | location and number of polling places shall be designated by | 4 | | the
Board. The election shall be conducted by the teachers who | 5 | | are
not principals or administrators, and the judges of the | 6 | | election shall be selected from the
teachers who are not | 7 | | principals or administrators, in such manner as the board in | 8 | | its bylaws
or rules provides.
| 9 | | Elections to fill vacancies on the Board
shall be held at | 10 | | the next annual election.
| 11 | | (2) Pensioners election. The name of a candidate
shall not | 12 | | be printed on the ballot unless he or she has been nominated by | 13 | | a
petition signed by not less than 100 pensioners of the Fund.
| 14 | | Petitions shall
be filed with the recording secretary of the | 15 | | Fund on or before
October 1 of the
odd-numbered year. If the | 16 | | nominations do not exceed 4 3 , the mailing
of ballots
shall be | 17 | | eliminated and the nominated candidates shall be declared | 18 | | elected.
Otherwise, the 4 3 candidates receiving the highest | 19 | | number of votes
cast shall be
declared elected. The mailing and | 20 | | counting of the ballots shall be conducted
by the office of the | 21 | | Fund with volunteer assistance from
pensioners at the
request | 22 | | of the Board.
| 23 | | (3) Principals election. The name of a candidate shall not | 24 | | be printed on
the ballot unless he or she has been nominated by | 25 | | a petition signed by at least
25 contributors who are | 26 | | principals or administrators. Petitions shall be filed with the
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| 1 | | recording secretary of the Fund on or before October 1 of the | 2 | | election year. Every
member who is a principal or an | 3 | | administrator may vote at the election for one candidate
who is | 4 | | a contributor who is
a principal.
If only one eligible | 5 | | candidate is nominated, the election shall not be held and
the | 6 | | nominated candidate shall be declared elected. Otherwise, the | 7 | | candidate
receiving the highest number of votes cast shall be | 8 | | declared elected. The
mailing and counting of the ballots shall | 9 | | be conducted by the office of the
Fund.
| 10 | | (4) Vacancies. The Board may fill vacancies occurring in
| 11 | | the membership of the Board elected by the principals, | 12 | | administrators, teachers other
than principals or | 13 | | administrators, or pensioners at any regular meeting of the | 14 | | Board. The
Board of Education may fill vacancies occurring in | 15 | | the membership of the Board appointed by the Board of Education | 16 | | at any regular meeting of
the
Board of Education.
| 17 | | (Source: P.A. 94-514, eff. 8-10-05.)
| 18 | | Section 90. The State Mandates Act is amended by adding | 19 | | Section 8.36 as follows: | 20 | | (30 ILCS 805/8.36 new) | 21 | | Sec. 8.36. Exempt mandate. Notwithstanding Sections 6 and 8 | 22 | | of this Act, no reimbursement by the State is required for the | 23 | | implementation of any mandate created by this amendatory Act of | 24 | | the 97th General Assembly.
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.
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