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91_SB1705
LRB9113159EGfg
1 AN ACT in relation to 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
5 changing Sections 3-128 and 4-121 as follows:
6 (40 ILCS 5/3-128) (from Ch. 108 1/2, par. 3-128)
7 Sec. 3-128. Board created. A board of 5 members shall
8 constitute a board of trustees to administer the pension fund
9 and to designate the beneficiaries thereof. The board shall
10 be known as the "Board of Trustees of the Police Pension
11 Fund" of the municipality.
12 Two members of the board shall be appointed by the mayor
13 or president of the board of trustees of the municipality
14 involved. The mayor or president may include himself or
15 herself as one of the appointees. The 3rd and 4th members of
16 the board shall be elected from the active participants of
17 the pension fund by such active participants. The 5th member
18 shall be elected by and from the beneficiaries.
19 One of the members appointed by the mayor or president of
20 the board of trustees shall serve for one year beginning on
21 the 2nd Tuesday in May after the municipality comes under
22 this Article. The other appointed member shall serve for 2
23 years beginning on the same date. Their successors shall
24 serve for 2 years each or until their successors are
25 appointed and qualified.
26 The election for board members shall be held biennially
27 on the 3rd Monday in April, at such place or places in the
28 municipality and under the Australian ballot system and such
29 other regulations as shall be prescribed by the appointed
30 members of the board.
31 The active pension fund participants shall be entitled to
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1 vote only for the active participant members of the board.
2 All beneficiaries of legal age may vote only for the member
3 chosen from among the beneficiaries. No person shall be
4 entitled to cast more than one ballot at such election. The
5 term of elected members shall be 2 years, beginning on the
6 2nd Tuesday of the first May after the election.
7 Upon the death, resignation or inability to act of any
8 elected board member, his or her successor shall be elected
9 for the unexpired term at a special election, to be called by
10 the board and conducted in the same manner as the regular
11 biennial election.
12 Members of the board shall neither receive nor have any
13 right to receive any salary from the pension fund for
14 services performed as trustees in that office.
15 (Source: P.A. 83-1440.)
16 (40 ILCS 5/4-121) (from Ch. 108 1/2, par. 4-121)
17 Sec. 4-121. Board created. There is created in each
18 municipality a board of trustees to be known as the "Board of
19 Trustees of the Firefighters' Pension Fund". The membership
20 of the board for each municipality shall be, respectively, as
21 follows: in cities, the treasurer, clerk, marshall or chief
22 officer of the fire department, and the comptroller if there
23 is one, or if not, the mayor; in each township, village or
24 incorporated town, the president of the municipality's board
25 of trustees, the village or town clerk, village or town
26 attorney, village or town treasurer, and the chief officer of
27 the fire department; and in each fire protection district,
28 the president and other 2 members of its board of trustees
29 and the marshall or chief of its fire department or service,
30 as the case may be; and in all the municipalities above
31 designated 3 additional persons chosen from their active
32 firefighters and one other person who has retired under the
33 "Firemen's Pension Fund Act of 1919", or this Article. A
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1 mayor or president who is a member of the board may appoint a
2 designee to serve in his or her place.
3 For the purposes of this Section, a firefighter receiving
4 a disability pension shall be considered a retired
5 firefighter. In the event that there are no retired
6 firefighters under the Fund or if none is willing to serve on
7 the board, then an additional active firefighter shall be
8 elected to the board in lieu of the retired firefighter that
9 would otherwise be elected.
10 If the regularly constituted fire department of a
11 municipality is dissolved and Section 4-106.1 is not
12 applicable, the board shall continue to exist and administer
13 the Fund so long as there continues to be any annuitant or
14 deferred pensioner in the Fund. In such cases, elections
15 shall continue to be held as specified in this Section,
16 except that: (1) deferred pensioners shall be deemed to be
17 active members for the purposes of such elections; (2) any
18 otherwise unfillable positions on the board, including ex
19 officio positions, shall be filled by election from the
20 remaining firefighters and deferred pensioners of the Fund,
21 to the extent possible; and (3) if the membership of the
22 board falls below 3 persons, the Illinois Director of
23 Insurance or his designee shall be deemed a member of the
24 board, ex officio.
25 The members chosen from the active and retired
26 firefighters shall be elected by ballot at elections to be
27 held on the 3rd Monday in April of the applicable years under
28 the Australian ballot system, at such place or places, in the
29 municipality, and under such regulations as shall be
30 prescribed by the board.
31 No person shall cast more than one vote for each
32 candidate for whom he or she is eligible to vote. In the
33 elections for board members to be chosen from the active
34 firefighters, all active firefighters and no others may vote.
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1 In the elections for board members to be chosen from retired
2 firefighters, the retired firefighters and no others may
3 vote.
4 Each member of the board so elected shall hold office for
5 a term of 3 years and until his or her successor has been
6 duly elected and qualified.
7 The board shall canvass the ballots and declare which
8 persons have been elected and for what term or terms
9 respectively. In case of a tie vote between 2 or more
10 candidates, the board shall determine by lot which candidate
11 or candidates have been elected and for what term or terms
12 respectively. In the event of the failure, resignation, or
13 inability to act of any board member, a successor shall be
14 elected for the unexpired term at a special election called
15 by the board and conducted in the same manner as a regular
16 election.
17 The board shall elect annually from its members a
18 president and secretary.
19 Board members shall not receive or have any right to
20 receive any salary from a pension fund for services performed
21 as board members.
22 (Source: P.A. 84-1039.)
23 Section 99. Effective date. This Act takes effect upon
24 becoming law.