Illinois General Assembly - Full Text of Public Act 094-0317
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Public Act 094-0317


 

Public Act 0317 94TH GENERAL ASSEMBLY



 


 
Public Act 094-0317
 
HB1403 Enrolled LRB094 07097 AMC 37242 b

    AN ACT concerning 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 4-121 as follows:
 
    (40 ILCS 5/4-121)  (from Ch. 108 1/2, par. 4-121)
    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
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.
    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.
    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
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.
    The members chosen from the active and retired firefighters
shall be elected by ballot at elections to be held on the 3rd
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.
    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.
    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.
    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
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.
    The board shall elect annually from its members a president
and secretary.
    Board members shall not receive or have any right to
receive any salary from a pension fund for services performed
as board members.
(Source: P.A. 84-1039.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/25/2005