State of Illinois
91st General Assembly
Legislation

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91_HB4347ham001

 










                                           LRB9111093EGfgam01

 1                    AMENDMENT TO HOUSE BILL 4347

 2        AMENDMENT NO.     .  Amend House Bill 4347  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.   The  Illinois  Pension  Code is amended by
 5    changing Sections 16-163 and 16-165 as follows:

 6        (40 ILCS 5/16-163) (from Ch. 108 1/2, par. 16-163)
 7        Sec. 16-163.  Board created.  A board of  11  10  members
 8    constitutes  a  board of trustees authorized to carry out the
 9    provisions of this Article and is responsible for the general
10    administration of the System.  The  board  is  known  as  the
11    Board  of  Trustees of the Teachers' Retirement System of the
12    State  of  Illinois.   The   board   is   composed   of   the
13    Superintendent of Education, ex officio ex-officio, who shall
14    be  the president of the board; 4 persons, not members of the
15    System, to be appointed by the Governor, who  shall  hold  no
16    elected  State  office;  4  teachers,  as  defined in Section
17    16-106, elected  by  the  contributing  members;  and  2  one
18    annuitant  members  member  elected  by the annuitants of the
19    System, as provided in Section 16-165.
20    (Source: P.A. 90-511, eff. 8-22-97.)

21        (40 ILCS 5/16-165) (from Ch. 108 1/2, par. 16-165)
 
                            -2-            LRB9111093EGfgam01
 1        Sec. 16-165. Board; elected members; vacancies.
 2        (a)  In each odd-numbered year, there shall be elected  2
 3    teachers  who  shall  hold  office  for  a  term  of  4 years
 4    beginning July 15  next  following  their  election,  in  the
 5    manner provided under this Section.
 6        (b)  One  The  elected  annuitant  trustee shall first be
 7    elected in 1987, and in  every  fourth  year  thereafter,  as
 8    hereinafter provided, for a term of 4 years beginning July 15
 9    next following his or her election.
10        (c)  The  elected  annuitant  position  created  by  this
11    amendatory  Act  of the 91st General Assembly shall be filled
12    as soon as possible in the manner provided for vacancies, for
13    an initial term ending July 15, 2001.  One elected  annuitant
14    trustee  shall  be  elected in 2001, and in every fourth year
15    thereafter, for a term of 4  years  beginning  July  15  next
16    following his or her election.
17        (d)  Elections shall be held on May 1, unless May 1 falls
18    on  a  Saturday  or  Sunday, in which event the such election
19    shall be conducted on the following Monday.  Candidates shall
20    be nominated by petitions in writing, signed by not less than
21    500 teachers or annuitants, as the case may  be,  with  their
22    addresses shown opposite their names.  The petitions shall be
23    filed  with  the  board's Secretary not less than 90 nor more
24    than 120 days prior to May 1.  The Secretary shall  determine
25    their validity not less than 75 days before the election.
26        (e)  If,  for  either  teacher  or annuitant members, the
27    number of qualified nominees exceeds the number of  available
28    positions,  If  there  are  more  than  2  qualified  teacher
29    nominees  or  more  than one qualified annuitant nominee, the
30    system shall prepare an appropriate ballot with the names  of
31    the  candidates in alphabetical order and shall mail one copy
32    thereof, at least 10 days prior to the election day, to  each
33    teacher  or  annuitant  of  this system as of the latest date
34    practicable, at the latest known  address,  together  with  a
 
                            -3-            LRB9111093EGfgam01
 1    return  envelope  addressed  to  the board and also a smaller
 2    envelope marked "For Ballot Only", and a slip for  signature.
 3    Each  voter, upon marking his ballot with a cross mark in the
 4    square before the name of the person voted for,  shall  place
 5    the ballot in the envelope marked "For Ballot Only", seal the
 6    envelope,  write  on the slip provided therefor his signature
 7    and address,  enclose  both  the  slip  and  sealed  envelope
 8    containing the marked ballot in the return envelope addressed
 9    to  the  board, and mail it.  Whether a person is eligible to
10    vote for the  teacher  nominees  or  the  annuitant  nominees
11    nominee shall be determined from system payroll records as of
12    March 1.
13        Upon  receipt  of  the return envelopes, the system shall
14    open them and set aside unopened the  envelopes  marked  "For
15    Ballot  Only".   On  election  day  ballots shall be publicly
16    opened and counted by the trustees  or  canvassers  appointed
17    therefor.  Each vote cast for a candidate represents one vote
18    only.   No  ballot arriving after 10 o'clock a.m. on election
19    day shall be counted.   The  2  teacher  candidates  and  the
20    annuitant  candidate  receiving  the  highest number of votes
21    shall be elected.  The board shall declare the results of the
22    election, keep a record thereof, and notify the candidates of
23    the results thereof within 30 days after the election.
24        If, for either class of members, there are only as many 2
25    qualified nominees as there are positions available  teachers
26    or  only  one  qualified annuitant nominated by petition, the
27    balloting as described in this  Section  shall  will  not  be
28    conducted  for  those  such  nominees,  and  the  board shall
29    declare them such nominees duly elected.
30        (f)  A vacancy occurring in the  elective  membership  on
31    the board shall be filled for the unexpired term by the board
32    with a person qualified for the vacant position.
33    (Source: P.A. 85-1008.)
 
                            -4-            LRB9111093EGfgam01
 1        Section  99.  Effective date.  This Act takes effect upon
 2    becoming law.".

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