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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 1110members 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 officioex-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 2one18 annuitant membersmemberelected 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) OneTheelected annuitant trustee shall first be 7 elected in 1987, and in every fourth year thereafter,as8hereinafter 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 thesuchelection 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 teacher29nominees 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 11nomineeshall 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 many225 qualified nominees as there are positions availableteachers26or only one qualified annuitant nominated by petition, the 27 balloting as described in this Section shallwillnot be 28 conducted for thosesuchnominees, and the board shall 29 declare themsuch nomineesduly 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.".