Sen. Don Harmon
Filed: 3/25/2009
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 1974




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    AMENDMENT NO. ______. Amend Senate Bill 1974 by replacing 
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everything after the enacting clause with the following:


 
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    "Section 5. The Illinois Pension Code is amended  by adding 
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Section 1-109.3 as follows:
 
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    (40 ILCS 5/1-109.3  new)
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    Sec. 1-109.3. Training requirement for pension trustees. 
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    (a) All elected and appointed trustees under Article 3 and 
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4 of this Code must participate in a mandatory trustee 
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certification training seminar that consists of at least 32 
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hours of initial trustee certification at a training facility 
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that is accredited and affiliated with a State of Illinois 
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certified college or university. This training must include 
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without limitation all of the following:
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        (1) Duties and liabilities of a fiduciary under Article 
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    1 of the Illinois Pension Code.
 


 






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        (2) Adjudication of pension claims.
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        (3) Basic accounting and actuarial training.
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        (4) Trustee ethics.
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        (5) The Illinois Open Meetings Act.
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        (6) The Illinois Freedom of Information Act.
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    The training required under this subsection (a) must be 
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completed within the first year that a trustee is elected or 
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appointed under an Article 3 or 4 pension fund. The elected and 
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appointed trustees of an Article 3 or 4 pension fund who are 
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police officers (as defined in Section 3-106 of this Code)or 
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firefighters (as defined in Section 4-106 of this Code) or are 
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employed by the municipality shall be permitted time away from 
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their duties to attend such training without reduction of 
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accrued leave or benefit time. Active or appointed trustees 
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serving on the effective date of this amendatory Act of the 
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96th General Assembly shall not be required to attend the 
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training required under this subsection (a). 
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    (b) In addition to  the initial trustee certification 
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training required under subsection (a), all elected and 
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appointed trustees under Article 3 and 4 of this Code, 
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including trustees serving on the effective date of this 
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amendatory Act of the 96th General Assembly, shall also  
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participate in a minimum of 16 hours of continuing trustee 
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education each year after the first year that the trustee is 
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elected or appointed.
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    (c) The training required under this Section shall be paid 
 


 






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for by the pension fund. 
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    (d)  Any board member who does not timely complete the 
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training required under this Section is not eligible to serve 
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on the board of trustees of an Article 3 or 4 pension fund, 
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unless the board member completes the missed training within 6 
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months after the date the member failed to complete the 
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required training.  In the event of a board member's failure to 
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complete the required training, a successor shall be appointed 
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or elected, as applicable, for the unexpired term.  A successor 
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who is elected under such circumstances must be elected at a 
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special election called by the board and conducted in the same 
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manner as a regular election under Article 3 or 4, as 
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applicable. 
 
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    Section 90. The State Mandates Act is amended by adding 
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Section 8.33 as follows:
 
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    (30 ILCS 805/8.33 new)
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    Sec. 8.33. Exempt mandate. Notwithstanding Sections 6 and 8 
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of this Act, no reimbursement by the State is required for the 
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implementation of any mandate created by this amendatory Act of 
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the 96th General Assembly.
 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.".