Full Text of HB0961 096th General Assembly
HB0961 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB0961
Introduced 2/10/2009, by Rep. Marlow H. Colvin SYNOPSIS AS INTRODUCED: |
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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 805/8.33 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 |
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A BILL FOR
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HB0961 |
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LRB096 04560 AMC 14615 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 |
| Sections 17-137, 17-138, and 17-139 as follows:
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| (40 ILCS 5/17-137) (from Ch. 108 1/2, par. 17-137)
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| 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
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| contributor who is a principal, and 4 3 of whom shall be | 14 |
| pensioners,
all to be chosen as provided in this Article.
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| (Source: P.A. 89-136, eff. 7-14-95; 90-566, eff. 1-2-98.)
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| (40 ILCS 5/17-138) (from Ch. 108 1/2, par. 17-138)
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| 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.
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| On the last school day of the 4th week of October of each |
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HB0961 |
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LRB096 04560 AMC 14615 b |
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| 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.
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| 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.
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| 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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| 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.
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| (Source: P.A. 89-136, eff. 7-14-95; 90-566, eff. 1-2-98.)
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| (40 ILCS 5/17-139) (from Ch. 108 1/2, par. 17-139)
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| Sec. 17-139. Board elections and vacancies.
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| (1) Contributors other than principals election. Every
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| 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.
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| 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
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| exceed the number of candidates to be elected, the canvassing | 25 |
| board shall
declare the nominated candidates elected. |
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| 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.
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| Elections to fill vacancies on the Board
shall be held at | 10 |
| the next annual election.
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| (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.
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| 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.
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| (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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LRB096 04560 AMC 14615 b |
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| 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.
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| (4) Vacancies. The Board may fill vacancies occurring in
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| 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.
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| (Source: P.A. 94-514, eff. 8-10-05.)
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| Section 90. The State Mandates Act is amended by adding | 19 |
| Section 8.33 as follows: | 20 |
| (30 ILCS 805/8.33 new) | 21 |
| Sec. 8.33. 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 96th General Assembly.
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LRB096 04560 AMC 14615 b |
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| Section 99. Effective date. This Act takes effect upon | 2 |
| becoming law.
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