Full Text of SB0448 98th General Assembly
SB0448eng 98TH GENERAL ASSEMBLY |
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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 12
members, 2 of whom shall be members | 11 | | of the Board of Education, 6
of whom shall be contributors who | 12 | | are not administrators principals , one of whom shall be a
| 13 | | contributor who is an administrator a principal , and 3 of whom | 14 | | shall be pensioners,
all to be chosen as provided in this | 15 | | Article.
| 16 | | (Source: P.A. 89-136, eff. 7-14-95; 90-566, eff. 1-2-98.)
| 17 | | (40 ILCS 5/17-138) (from Ch. 108 1/2, par. 17-138)
| 18 | | Sec. 17-138. Board membership. At the first meeting of the | 19 | | Board of
Education in November of each year, the Board of | 20 | | Education
shall appoint one of its members to serve, while a | 21 | | member of the Board of
Education, on the Board of Trustees for | 22 | | a term of 2 years.
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| 1 | | During the first week of November, On the last school day | 2 | | of the 4th week of October of each year there
shall be elected | 3 | | 2 members of the Board from the teachers other
than | 4 | | administrators principals , who shall hold office for terms of 3 | 5 | | years , provided the trustee retains his or her
while retaining | 6 | | their status as a teacher teachers other than an administrator | 7 | | principals , and other
members to fill any unexpired terms. In | 8 | | the event that schools are not in session
on or during the week | 9 | | prior to the last Friday in October, this election shall
be | 10 | | held on the Friday of the first subsequent full week of school. | 11 | | The
election shall be by secret ballot , conducted in person or | 12 | | by secure electronic ballot, and shall be held in such manner | 13 | | as the
Board by bylaws or rules shall provide. Only teachers | 14 | | who are
not administrators principals shall be eligible to vote | 15 | | in the election.
| 16 | | During the first week of November of 1995 and every third | 17 | | year thereafter,
one contributor who is an administrator a | 18 | | principal shall be elected a member of the Board. This trustee | 19 | | shall hold office for a term of 3 years , provided the trustee | 20 | | retains while
retaining
his or her status as an administrator a | 21 | | principal . The election shall be by mail ballot or by secure | 22 | | electronic ballot, and
only contributors who are | 23 | | administrators principals shall be eligible to vote. The | 24 | | election
shall be held in the manner provided by the Board by | 25 | | rule or
bylaw.
| 26 | | During the first week of November of each odd-numbered year |
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| 1 | | there shall
be elected 3 members of the Board from the | 2 | | pensioners,
who shall hold office for a term of 2 years while | 3 | | retaining their status
as pensioners. The election shall be by | 4 | | mail ballot or secure electronic ballot to all service and
| 5 | | disability pensioners, and shall be held in such manner as the | 6 | | Board by bylaws or rules shall provide.
| 7 | | All trustees, while members of the Board of Education or | 8 | | while administrators
principals , teachers other than | 9 | | administrators principals , or pensioners, as the
case may be, | 10 | | shall hold their offices
until their successors shall have been | 11 | | appointed or elected and qualified by
subscribing to the | 12 | | constitutional oath of office at the immediately succeeding
| 13 | | regular meeting of the Board.
| 14 | | (Source: P.A. 89-136, eff. 7-14-95; 90-566, eff. 1-2-98.)
| 15 | | (40 ILCS 5/17-139) (from Ch. 108 1/2, par. 17-139)
| 16 | | Sec. 17-139. Board elections and vacancies.
| 17 | | (1) Contributors other than administrators principals | 18 | | election. Every
member who is not a principal or an | 19 | | administrator may vote at the election for as many persons
as | 20 | | there are trustees to be elected by the contributors who are | 21 | | not principals or administrators , provided that the | 22 | | contributor obtained that voter eligibility status on or before | 23 | | October 1 of the election year . The name of a candidate shall | 24 | | not be placed on printed upon
the ballot unless he or she has | 25 | | been assigned on a regular certificate for
at least 10 years in |
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| 1 | | the Chicago public schools or charter schools and
nominated by | 2 | | a petition signed by not less than 200 contributors who are not
| 3 | | principals or administrators.
| 4 | | Petitions shall be filed with the recording secretary of | 5 | | the Fund on or after September
15 of each year and not later | 6 | | than October 1st of that year. No more than one
candidate may | 7 | | be nominated by any one petition. If the nominations do not
| 8 | | exceed the number of candidates to be elected, the canvassing | 9 | | board shall
declare the nominated candidates elected. | 10 | | Otherwise, candidates receiving the
highest number of votes | 11 | | cast for their respective terms shall be declared
elected. The | 12 | | location and number of polling places shall be designated by | 13 | | the
Board. The election shall be conducted by the teachers who | 14 | | are
not principals or administrators, and the judges of the | 15 | | election shall be selected from the
teachers who are not | 16 | | principals or administrators, in such manner as the board in | 17 | | its bylaws
or rules provides.
| 18 | | Elections to fill vacancies on the Board
shall be held at | 19 | | the next annual election.
| 20 | | (2) Pensioners election. The name of a candidate
shall not | 21 | | be placed printed on the ballot unless he or she has been | 22 | | nominated by a
petition signed by not less than 100 pensioners | 23 | | of the Fund.
Petitions shall
be filed with the recording | 24 | | secretary of the Fund on or before
October 1 of the
| 25 | | odd-numbered year. If the nominations do not exceed 3, the | 26 | | mailing
of ballots
shall be eliminated and the nominated |
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| 1 | | candidates shall be declared elected.
Otherwise, the 3 | 2 | | candidates receiving the highest number of votes
cast shall be
| 3 | | declared elected. The mailing and counting of the ballots shall | 4 | | be conducted
by the office of the Fund with volunteer | 5 | | assistance from
pensioners at the
request of the Board.
| 6 | | (3) Administrators Principals election. The name of a | 7 | | candidate shall not be placed printed on
the ballot unless he | 8 | | or she has been nominated by a petition signed by at least
25 | 9 | | contributors who are principals or administrators. Petitions | 10 | | shall be filed with the
recording secretary of the Fund on or | 11 | | before October 1 of the election year. Every
member who is a | 12 | | principal or an administrator may vote at the election for one | 13 | | candidate
who is a contributor who is an administrator, | 14 | | provided that the member obtained such voter eligibility status | 15 | | on or before October 1 of the election year
a principal .
If | 16 | | only one eligible candidate is nominated, the election shall | 17 | | not be held and
the nominated candidate shall be declared | 18 | | elected. Otherwise, the candidate
receiving the highest number | 19 | | 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.
| 22 | | (4) Vacancies. The Board may fill vacancies occurring in
| 23 | | the membership of the Board elected by the principals, | 24 | | administrators, teachers other
than principals or | 25 | | administrators, or pensioners at any regular meeting of the | 26 | | Board. The
Board of Education may fill vacancies occurring in |
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| 1 | | the membership of the Board appointed by the Board of Education | 2 | | at any regular meeting of
the
Board of Education.
| 3 | | (Source: P.A. 94-514, eff. 8-10-05.)
| 4 | | Section 99. Effective date. This Act takes effect upon | 5 | | becoming law.
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