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| Public Act 094-0317 |
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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 | ||||
Section 4-121 as follows:
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(40 ILCS 5/4-121) (from Ch. 108 1/2, par. 4-121)
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Sec. 4-121. Board created. There is created in each | ||||
municipality or fire protection district a
board of trustees to | ||||
be known as the "Board of Trustees of the Firefighters'
Pension | ||||
Fund". The membership of the board for each municipality shall
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be, respectively, as follows: in cities, the treasurer, clerk, | ||||
marshall
or chief officer of the fire department, and the | ||||
comptroller if there is
one, or if not, the mayor; in each | ||||
township, village or incorporated town,
the president of the | ||||
municipality's board of trustees, the village or town
clerk, | ||||
village or town attorney, village or town treasurer, and the | ||||
chief
officer of the fire department; and in each fire | ||||
protection district, the
president and other 2 members of its | ||||
board of trustees and the marshall
or chief of its fire | ||||
department or service, as the case may be; and in all
the | ||||
municipalities above designated 3 additional persons chosen | ||||
from their
active firefighters and one other person who has | ||||
retired under the "Firemen's
Pension Fund Act of 1919", or this | ||||
Article. Notwithstanding any provision of this Section to the | ||||
contrary, the term of office of each member of a board | ||||
established on or before the 3rd Monday in April, 2006 shall | ||||
terminate on the 3rd Monday in April, 2006, but all incumbent | ||||
members shall continue to exercise all of the powers and be | ||||
subject to all of the duties of a member of the board until all | ||||
the new members of the board take office. | ||||
Beginning on the 3rd Monday in April, 2006, the board for | ||||
each municipality or fire protection district shall consist of | ||||
5 members. Two members of the board shall be appointed by the | ||
mayor or president of the board of trustees of the municipality | ||
or fire protection district involved. Two members of the board | ||
shall be active participants of the pension fund who are | ||
elected from the active participants of the fund. One member of | ||
the board shall be a person who is retired under the Firemen's | ||
Pension Fund Act of 1919 or this Article who is elected from | ||
persons retired under the Firemen's Pension Fund Act of 1919 or | ||
this Article.
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For the purposes
of this Section, a firefighter receiving a | ||
disability pension
shall be considered a retired firefighter. | ||
In the event
that there are no retired firefighters under the | ||
Fund
or if none is willing to serve on the board, then an | ||
additional active
firefighter shall be elected to the board in | ||
lieu of the
retired firefighter that would otherwise be | ||
elected.
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If the regularly constituted fire department of a | ||
municipality is
dissolved and Section 4-106.1 is not | ||
applicable, the board shall continue
to exist and administer | ||
the Fund so long as there continues to be any
annuitant or | ||
deferred pensioner in the Fund. In such cases, elections
shall | ||
continue to be held as specified in this Section, except that: | ||
(1)
deferred pensioners shall be deemed to be active members | ||
for the purposes
of such elections; (2) any otherwise | ||
unfillable positions on the board,
including ex officio | ||
positions, shall be filled by election from the
remaining | ||
firefighters and deferred pensioners of the Fund, to the extent
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possible; and (3) if the membership of the board falls below 3 | ||
persons, the
Illinois Director of Insurance or his designee | ||
shall be deemed a member of
the board, ex officio.
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The members chosen from the active and retired
firefighters | ||
shall be elected by ballot at elections to
be held on the 3rd
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Monday in April of the applicable years under the Australian | ||
ballot system,
at such place or places, in the municipality, | ||
and under such regulations
as shall be prescribed by the board.
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No person shall cast more than one vote for each
candidate | ||
for whom he or she is eligible to vote. In the elections for | ||
board
members to be chosen from the active firefighters, all | ||
active
firefighters and no
others may vote. In the elections | ||
for board members to be chosen from
retired firefighters, the | ||
retired firefighters and no others may vote.
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Each member of the board so elected shall hold office for a | ||
term of 3
years and until his or her successor has been duly | ||
elected and qualified.
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The board shall canvass the ballots and declare which | ||
persons have been
elected and for what term
or terms | ||
respectively. In case of a tie vote between 2 or more
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candidates, the board shall determine by lot which candidate or | ||
candidates
have been elected and for what term or terms | ||
respectively. In the event
of the failure, resignation, or | ||
inability to act of any board member,
a successor shall be | ||
elected for the unexpired
term at a special election called by | ||
the board and conducted
in the same manner as a
regular | ||
election.
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The board shall elect annually from its members a president
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and secretary.
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Board members shall not receive or have any right to | ||
receive any salary
from a pension fund for services performed | ||
as board members.
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(Source: P.A. 84-1039.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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