Full Text of HB1356 094th General Assembly
HB1356 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB1356
Introduced 02/09/05, by Rep. Jack McGuire SYNOPSIS AS INTRODUCED: |
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40 ILCS 5/15-159 |
from Ch. 108 1/2, par. 15-159 |
40 ILCS 5/15-159.1 new |
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Amends the State Universities Retirement
System (SURS) Article of the Illinois Pension Code. Adds 4 elected members to the SURS Board of Trustees. Effective immediately.
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| PENSION IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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HB1356 |
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LRB094 05868 AMC 35922 b |
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| AN ACT concerning 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 |
| Section 15-159 and by adding Section 15-159.1 as follows:
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| (40 ILCS 5/15-159)
(from Ch. 108 1/2, par. 15-159)
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| Sec. 15-159. Board created.
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| (a) A board of trustees constituted as provided in this | 9 |
| Section shall
administer this System. The board shall be known | 10 |
| as the Board of Trustees of
the State Universities Retirement | 11 |
| System.
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| (b) Until July 1, 1995, the Board of Trustees shall be | 13 |
| constituted
as follows:
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| Two trustees shall be members of the Board of Trustees of | 15 |
| the
University of Illinois, one shall be a member of
the Board | 16 |
| of Trustees of Southern Illinois University, one shall be a | 17 |
| member
of the Board of Trustees of Chicago State University, | 18 |
| one shall be a member of
the Board of Trustees of Eastern | 19 |
| Illinois University, one shall be a member of
the Board of | 20 |
| Trustees of Governors State University, one shall be a member | 21 |
| of
the Board of Trustees of Illinois State University, one | 22 |
| shall be a member of
the Board of Trustees of Northeastern | 23 |
| Illinois University, one shall be a
member of the Board of | 24 |
| Trustees of Northern Illinois University, one shall be a
member | 25 |
| of the Board of Trustees of Western Illinois University, and | 26 |
| one shall
be a member of the Illinois Community College Board, | 27 |
| selected in each case by
their respective boards, and 2 shall
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| be participants of the system appointed by the Governor for a 6 | 29 |
| year term with
the first appointment made pursuant to this | 30 |
| amendatory Act of 1984 to be
effective September 1, 1985, and | 31 |
| one shall be a participant appointed by the
Illinois Community | 32 |
| College Board for a 6 year term, and one shall be a
participant |
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LRB094 05868 AMC 35922 b |
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| appointed by the Board of Trustees of the University of | 2 |
| Illinois
for a 6 year term, and one shall be a participant or | 3 |
| annuitant of the system
who is a senior citizen age 60 or older | 4 |
| appointed by the Governor for a 6 year
term with the first | 5 |
| appointment to be effective September 1, 1985.
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| The terms of all trustees holding office under this | 7 |
| subsection (b) on June
30, 1995 shall terminate at the end of | 8 |
| that day or as otherwise required
by law and the Board shall | 9 |
| thereafter be constituted as otherwise
provided in this Section
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| subsection (c) .
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| (c) Beginning July 1, 1995, the Board of Trustees shall be
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| constituted as follows:
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| The Board shall consist of 9 trustees appointed by the | 14 |
| Governor. Two of the
trustees, designated at the time of | 15 |
| appointment, shall be participants of the
System. Two of the | 16 |
| trustees, designated at the time of appointment, shall be
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| annuitants of the System who are receiving retirement annuities | 18 |
| under this
Article. The 5 remaining trustees may, but need not, | 19 |
| be participants or
annuitants of the System.
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| The term of office of trustees appointed under this | 21 |
| subsection (c)
shall be 6 years, beginning on July 1. However, | 22 |
| of the initial trustees
appointed under this subsection (c), 3 | 23 |
| shall be appointed for terms of 2 years,
3 shall be appointed | 24 |
| for terms of 4 years, and 3 shall be appointed for terms
of 6 | 25 |
| years, to be designated by the Governor at the time of | 26 |
| appointment.
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| A vacancy in a trustee position created under this | 28 |
| subsection (c)
on
the board of trustees caused by resignation, | 29 |
| death, expiration of term of
office, or other reason shall be | 30 |
| filled by a qualified person appointed by the
Governor for the | 31 |
| remainder of the unexpired term.
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| Trustees in a trustee position created under this | 33 |
| subsection (c)
(other than the trustees incumbent on June 30, | 34 |
| 1995)
shall continue in office until their respective | 35 |
| successors are appointed
and have qualified, except that a | 36 |
| trustee appointed to one of the
participant positions shall be |
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| disqualified immediately upon the termination of
his or her | 2 |
| status as a participant and a trustee appointed to one of the
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| annuitant positions shall be disqualified immediately upon the | 4 |
| termination of
his or her status as an annuitant receiving a | 5 |
| retirement annuity.
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| (c-1) Beginning July 1, 2006, the Board of Trustees shall | 7 |
| consist of
the 9 trustees appointed under subsection (c) plus 4 | 8 |
| elected trustees who
shall be elected as provided in this | 9 |
| subsection (c-1) and Section 15-159.1.
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| One of the elected trustees shall be a participant of the | 11 |
| System nominated
and elected by the participants of the System | 12 |
| who are employees of the
University of Illinois.
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| One of the elected trustees shall be a participant of the | 14 |
| System nominated
and elected by the participants of the System | 15 |
| who are employees of Northern
Illinois University, Illinois | 16 |
| State University, or Southern Illinois
University.
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| One of the elected trustees shall be a participant of the | 18 |
| System nominated
and elected by the participants of the System | 19 |
| who are employees of Chicago
State University, Eastern Illinois | 20 |
| University, Governors State University,
Northeastern Illinois | 21 |
| University, or Western Illinois University.
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| One of the elected trustees shall be a participant of the | 23 |
| System nominated
and elected by the participants of the System | 24 |
| who are employees of Illinois
community colleges.
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| The term of office of trustees elected under this | 26 |
| subsection (c-1) shall be
6 years, beginning on July 1, except | 27 |
| that the initial trustees elected under
this subsection (c-1) | 28 |
| shall serve for terms of 3, 4, 5, and 6 years, to be
determined | 29 |
| by lot at the first meeting of the Board following their | 30 |
| election.
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| Candidates for election shall be nominated by petition | 32 |
| containing the
signatures and addresses of at least 100 | 33 |
| participants from the applicable
constituency. Petitions shall | 34 |
| be filed with the Secretary of the Board
during the month of | 35 |
| January before the election. The Secretary shall determine
the | 36 |
| validity of petitions of candidates by February 15 before the |
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| election and
shall notify the candidates as to whether or not | 2 |
| their petitions have met the
requirements.
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| If no more than one candidate files a valid petition for | 4 |
| election to a
position, that candidate shall be declared | 5 |
| elected. If there is more than
one nominee for a position, then | 6 |
| the Board shall conduct by mail a secret
ballot election among | 7 |
| those persons eligible to vote for that position, in
accordance | 8 |
| with Section 15-159.1 and such rules and procedures as it may | 9 |
| adopt.
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| If a vacancy occurs among the elected members of the Board, | 11 |
| the remaining
elected members of the Board shall meet for the | 12 |
| purpose of filling the vacant
position by appointing a person | 13 |
| who is eligible for nomination and election to
the position to | 14 |
| serve for the remainder of the term. The meeting shall be held
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| as soon as practicable after the position becomes vacant. | 16 |
| Appointment of a
person to fill a vacancy in an elected trustee | 17 |
| position requires a majority
vote of the elected members | 18 |
| present at the meeting.
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| An elected trustee shall continue in office until his or | 20 |
| her successor is
elected (or, in the case of a vacancy | 21 |
| occurring during a term, appointed) and
has qualified, except | 22 |
| that an elected trustee shall be disqualified upon the
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| termination of his or her status as a participant.
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| (d) Each trustee must take an oath of office before a | 25 |
| notary public of this
State and shall qualify as a trustee upon | 26 |
| the presentation to the the Board of
a certified copy of the | 27 |
| oath. The oath must state that the person will
diligently and | 28 |
| honestly administer the affairs of the retirement system, and
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| will not knowingly violate or wilfully permit to be violated | 30 |
| any provisions of
this Article.
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| Each trustee shall serve without compensation but shall be | 32 |
| reimbursed for
expenses necessarily incurred in attending | 33 |
| board meetings and carrying out his
or her duties as a trustee | 34 |
| or officer of the System.
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| (e) This amendatory Act of 1995 (Public Act 89-196) is | 36 |
| intended to
supersede the changes made to this Section by |
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| Public Act 89-4.
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| (Source: P.A. 89-4, eff. 1-1-96; 89-196, eff. 7-21-95.)
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| (40 ILCS 5/15-159.1 new)
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| Sec. 15-159.1. Election of trustees.
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| (a) Election of trustees shall be by mail ballot. By no | 6 |
| later than April 1
of the year of the election, the board shall | 7 |
| prepare and send ballots and
ballot envelopes to the persons | 8 |
| eligible to vote as of February 1 of the year
of the election. | 9 |
| The ballots shall contain
the names of all candidates of the | 10 |
| constituency for which the person is
eligible to vote, in | 11 |
| alphabetical order. The ballot envelope shall have on the
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| outside a form of certificate stating that the person voting | 13 |
| the ballot is a
member of the specified constituency and is | 14 |
| entitled to vote.
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| (b) Persons wishing to vote shall vote the ballot and
place | 16 |
| it in the ballot envelope, seal the envelope, execute the | 17 |
| certificate
on the envelope, and return the ballot to the | 18 |
| System.
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| (c) The final date for ballot return shall be May 1, or if | 20 |
| that date falls
on a Saturday, Sunday, or State holiday, then | 21 |
| the next business day. Ballots
received on or before that date, | 22 |
| in a ballot envelope with a properly executed
certificate and | 23 |
| properly voted, shall be valid ballots.
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| (d) The board shall set a day for counting ballots, shall | 25 |
| name judges and
clerks of election to conduct the count of | 26 |
| ballots, and shall make any
rules that may be necessary for the | 27 |
| conduct of the count.
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| (e) Candidates for the office of trustee, and employee and | 29 |
| labor
organizations, shall have access, at their own expense, | 30 |
| to the System's
participant mailing lists for election | 31 |
| purposes.
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| Section 99. Effective date. This Act takes effect upon | 33 |
| becoming law.
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