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91_HB4347
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1 AN ACT to amend the Illinois Pension Code by changing
2 Sections 16-163 and 16-165.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Pension Code is amended by
6 changing Sections 16-163 and 16-165 as follows:
7 (40 ILCS 5/16-163) (from Ch. 108 1/2, par. 16-163)
8 Sec. 16-163. Board created. A board of 12 10 members
9 constitutes a board of trustees authorized to carry out the
10 provisions of this Article and is responsible for the general
11 administration of the System. The board is known as the
12 Board of Trustees of the Teachers' Retirement System of the
13 State of Illinois. The board is composed of the
14 Superintendent of Education, ex officio ex-officio, who shall
15 be the president of the board; 4 persons, not members of the
16 System, to be appointed by the Governor, who shall hold no
17 elected State office; 4 teachers, as defined in Section
18 16-106, elected by the contributing members; and 3 one
19 annuitant members member elected by the annuitants of the
20 System, as provided in Section 16-165.
21 (Source: P.A. 90-511, eff. 8-22-97.)
22 (40 ILCS 5/16-165) (from Ch. 108 1/2, par. 16-165)
23 Sec. 16-165. Board; elected members; vacancies.
24 (a) In each odd-numbered year, there shall be elected 2
25 teachers who shall hold office for a term of 4 years
26 beginning July 15 next following their election, in the
27 manner provided under this Section.
28 (b) One The elected annuitant trustee shall first be
29 elected in 1987, and in every fourth year thereafter, as
30 hereinafter provided, for a term of 4 years beginning July 15
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1 next following his or her election.
2 (c) The 2 elected annuitant positions created by this
3 amendatory Act of the 91st General Assembly shall be filled
4 as soon as possible in the manner provided for vacancies, for
5 initial terms ending July 15, 2001. Two elected annuitant
6 trustees shall be elected in 2001, and in every fourth year
7 thereafter, for a term of 4 years beginning July 15 next
8 following their election.
9 (d) Elections shall be held on May 1, unless May 1 falls
10 on a Saturday or Sunday, in which event the such election
11 shall be conducted on the following Monday. Candidates shall
12 be nominated by petitions in writing, signed by not less than
13 500 teachers or annuitants, as the case may be, with their
14 addresses shown opposite their names. The petitions shall be
15 filed with the board's Secretary not less than 90 nor more
16 than 120 days prior to May 1. The Secretary shall determine
17 their validity not less than 75 days before the election.
18 (e) If, for either teacher or annuitant members, the
19 number of qualified nominees exceeds the number of available
20 positions, If there are more than 2 qualified teacher
21 nominees or more than one qualified annuitant nominee, the
22 system shall prepare an appropriate ballot with the names of
23 the candidates in alphabetical order and shall mail one copy
24 thereof, at least 10 days prior to the election day, to each
25 teacher or annuitant of this system as of the latest date
26 practicable, at the latest known address, together with a
27 return envelope addressed to the board and also a smaller
28 envelope marked "For Ballot Only", and a slip for signature.
29 Each voter, upon marking his ballot with a cross mark in the
30 square before the name of the person voted for, shall place
31 the ballot in the envelope marked "For Ballot Only", seal the
32 envelope, write on the slip provided therefor his signature
33 and address, enclose both the slip and sealed envelope
34 containing the marked ballot in the return envelope addressed
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1 to the board, and mail it. Whether a person is eligible to
2 vote for the teacher nominees or the annuitant nominees
3 nominee shall be determined from system payroll records as of
4 March 1.
5 Upon receipt of the return envelopes, the system shall
6 open them and set aside unopened the envelopes marked "For
7 Ballot Only". On election day ballots shall be publicly
8 opened and counted by the trustees or canvassers appointed
9 therefor. Each vote cast for a candidate represents one vote
10 only. No ballot arriving after 10 o'clock a.m. on election
11 day shall be counted. The 2 teacher candidates and the one
12 or 2 annuitant candidates (whichever is applicable) candidate
13 receiving the highest number of votes shall be elected. The
14 board shall declare the results of the election, keep a
15 record thereof, and notify the candidates of the results
16 thereof within 30 days after the election.
17 If, for either class of members, there are only as many 2
18 qualified nominees as there are positions available teachers
19 or only one qualified annuitant nominated by petition, the
20 balloting as described in this Section shall will not be
21 conducted for those such nominees, and the board shall
22 declare them such nominees duly elected.
23 (f) A vacancy occurring in the elective membership on
24 the board shall be filled for the unexpired term by the board
25 with a person qualified for the vacant position.
26 (Source: P.A. 85-1008.)
27 Section 99. Effective date. This Act takes effect upon
28 becoming law.