Full Text of HB3071 100th General Assembly
HB3071 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB3071 Introduced , by Rep. Robert Martwick 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 805/8.41 new | |
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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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| | | HB3071 | | LRB100 06630 RPS 16671 b |
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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 administrators, one of whom shall be a
| 13 | | contributor who is an administrator, and 4 3 of whom shall be | 14 | | pensioners,
all to be chosen as provided in this Article.
| 15 | | (Source: P.A. 98-449, eff. 8-16-13.)
| 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 | | During the first week of November, there
shall be elected 2 |
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| 1 | | members of the Board from the teachers other
than | 2 | | administrators, who shall hold office for terms of 3 years, | 3 | | provided the trustee retains his or her
status as a teacher | 4 | | other than an administrator, and other
members to fill any | 5 | | unexpired terms. The
election shall be by secret ballot | 6 | | conducted in person or by secure electronic ballot, and shall | 7 | | be held in such manner as the
Board by bylaws or rules shall | 8 | | provide. Only teachers who are
not administrators shall be | 9 | | eligible to vote in the election.
| 10 | | During the first week of November of 1995 and every third | 11 | | year thereafter,
one contributor who is an administrator shall | 12 | | be elected a member of the Board. This trustee shall hold | 13 | | office for a term of 3 years, provided the trustee retains
his | 14 | | or her status as an administrator. The election shall be by | 15 | | mail ballot or by secure electronic ballot, and
only | 16 | | contributors who are administrators shall be eligible to vote. | 17 | | The election
shall be held in the manner provided by the Board | 18 | | by rule or
bylaw.
| 19 | | During the first week of November of each odd-numbered year | 20 | | there shall
be elected 4 3 members of the Board from the | 21 | | pensioners,
who shall hold office for a term of 2 years while | 22 | | retaining their status
as pensioners. The election shall be by | 23 | | mail ballot or secure electronic ballot to all service and
| 24 | | disability pensioners, and shall be held in such manner as the | 25 | | Board by bylaws or rules shall provide.
| 26 | | All trustees, while members of the Board of Education or |
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| 1 | | while administrators, teachers other than administrators, or | 2 | | pensioners, as the
case may be, shall hold their offices
until | 3 | | their successors shall have been appointed or elected and | 4 | | qualified by
subscribing to the constitutional oath of office | 5 | | at the immediately succeeding
regular meeting of the Board.
| 6 | | (Source: P.A. 98-449, eff. 8-16-13.)
| 7 | | (40 ILCS 5/17-139) (from Ch. 108 1/2, par. 17-139)
| 8 | | Sec. 17-139. Board elections and vacancies.
| 9 | | (1) Contributors other than administrators election. Every
| 10 | | member who is not an administrator may vote at the election for | 11 | | as many persons
as there are trustees to be elected by the | 12 | | contributors who are not administrators, provided that the | 13 | | contributor obtained that voter eligibility status on or before | 14 | | October 1 of the election year. The name of a candidate shall | 15 | | not be placed on
the ballot unless he or she has been assigned | 16 | | on a regular certificate for
at least 10 years in the Chicago | 17 | | public schools or charter schools and
nominated by a petition | 18 | | signed by not less than 200 contributors who are not
| 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.
| 5 | | Elections to fill vacancies on the Board
shall be held at | 6 | | the next annual election.
| 7 | | (2) Pensioners election. The name of a candidate
shall not | 8 | | be placed on the ballot unless he or she has been nominated by | 9 | | a
petition signed by not less than 100 pensioners of the Fund.
| 10 | | Petitions shall
be filed with the recording secretary of the | 11 | | Fund on or before
October 1 of the
odd-numbered year. If the | 12 | | nominations do not exceed 4 3 , the mailing
of ballots
shall be | 13 | | eliminated and the nominated candidates shall be declared | 14 | | elected.
Otherwise, the 4 3 candidates receiving the highest | 15 | | number of votes
cast shall be
declared elected.
| 16 | | (3) Administrators election. The name of a candidate shall | 17 | | not be placed on
the ballot unless he or she has been nominated | 18 | | by a petition signed by at least
25 contributors who are | 19 | | administrators. Petitions shall be filed with the
recording | 20 | | secretary of the Fund on or before October 1 of the election | 21 | | year. Every
member who is an administrator may vote at the | 22 | | election for one candidate
who is a contributor who is an | 23 | | administrator, provided that the member obtained such voter | 24 | | eligibility status on or before October 1 of the election year.
| 25 | | If only one eligible candidate is nominated, the election shall | 26 | | not be held and
the nominated candidate shall be declared |
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| 1 | | elected. Otherwise, the candidate
receiving the highest number | 2 | | of votes cast shall be declared elected.
| 3 | | (4) Vacancies. The Board may fill vacancies occurring in
| 4 | | the membership of the Board elected by the administrators, | 5 | | teachers other
than administrators, or pensioners at any | 6 | | regular meeting of the Board. The
Board of Education may fill | 7 | | vacancies occurring in the membership of the Board appointed by | 8 | | the Board of Education at any regular meeting of
the
Board of | 9 | | Education.
| 10 | | (Source: P.A. 98-449, eff. 8-16-13.)
| 11 | | Section 90. The State Mandates Act is amended by adding | 12 | | Section 8.41 as follows: | 13 | | (30 ILCS 805/8.41 new) | 14 | | Sec. 8.41. Exempt mandate. Notwithstanding Sections 6 and 8 | 15 | | of this Act, no reimbursement by the State is required for the | 16 | | implementation of any mandate created by this amendatory Act of | 17 | | the 100th General Assembly.
| 18 | | Section 99. Effective date. This Act takes effect upon | 19 | | becoming law.
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