Illinois General Assembly - Full Text of Public Act 094-0710
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Public Act 094-0710




Public Act 094-0710
HB4025 Enrolled LRB094 05813 AMC 35867 b

    AN ACT in relation to public employee benefits.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Illinois Pension Code is amended by changing
Section 16-165 as follows:
    (40 ILCS 5/16-165)  (from Ch. 108 1/2, par. 16-165)
    Sec. 16-165. Board; elected members; vacancies.
    (a) In each odd-numbered year, there shall be elected 2
teachers who shall hold office for a term of 4 years beginning
July 15 next following their election, in the manner provided
under this Section.
    (b) One elected annuitant trustee shall first be elected in
1987, and in every fourth year thereafter, for a term of 4
years beginning July 15 next following his or her election.
    (c) The elected annuitant position created by this
amendatory Act of the 91st General Assembly shall be filled as
soon as possible in the manner provided for vacancies, for an
initial term ending July 15, 2001. One elected annuitant
trustee shall be elected in 2001, and in every fourth year
thereafter, for a term of 4 years beginning July 15 next
following his or her election.
    (d) Elections shall be held on May 1, unless May 1 falls on
a Saturday or Sunday, in which event the election shall be
conducted on the following Monday. Candidates shall be
nominated by petitions in writing, signed by not less than 500
teachers or annuitants, as the case may be, with their
addresses shown opposite their names. The petitions shall be
filed with the board's Secretary not less than 90 nor more than
120 days prior to May 1. The Secretary shall determine their
validity not less than 75 days before the election.
    (e) If, for either teacher or annuitant members, the number
of qualified nominees exceeds the number of available
positions, the system shall prepare an appropriate ballot with
the names of the candidates in alphabetical order and shall
mail one copy thereof, at least 10 days prior to the election
day, to each teacher or annuitant of this system as of the
latest date practicable, at the latest known address, together
with a return envelope addressed to the board and also a
smaller envelope marked "For Ballot Only", and a slip for
signature. Each voter, upon marking his ballot with a cross
mark in the square before the name of the person voted for,
shall place the ballot in the envelope marked "For Ballot
Only", seal the envelope, write on the slip provided therefor
his signature and address, enclose both the slip and sealed
envelope containing the marked ballot in the return envelope
addressed to the board, and mail it. Whether a person is
eligible to vote for the teacher nominees or the annuitant
nominees shall be determined from system payroll records as of
March 1.
    Upon receipt of the return envelopes, the system shall open
them and set aside unopened the envelopes marked "For Ballot
Only". On election day ballots shall be publicly opened and
counted by the trustees or canvassers appointed therefor. Each
vote cast for a candidate represents one vote only. No ballot
arriving after 10 o'clock a.m. on election day shall be
counted. The 2 teacher candidates and the annuitant candidate
receiving the highest number of votes shall be elected. The
board shall declare the results of the election, keep a record
thereof, and notify the candidates of the results thereof
within 30 days after the election.
    If, for either class of members, there are only as many
qualified nominees as there are positions available, the
balloting as described in this Section shall not be conducted
for those nominees, and the board shall declare them duly
    (f) A vacancy occurring in the elective membership on the
board shall be filled for the unexpired term by the board with
a person qualified for the vacant position if there are no more
than 6 months remaining on the term. For a term with more than
6 months remaining, the Director of the Teachers' Retirement
System of the State of Illinois shall institute an election in
accordance with this Act to fill the unexpired term.
(Source: P.A. 91-941, eff. 2-6-01.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 12/5/2005