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92_SB0479eng SB479 Engrossed LRB9203903EGfg 1 AN ACT in relation to public employee benefits. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Pension Code is amended by 5 changing Sections 9-185, 9-186, and 9-187 as follows: 6 (40 ILCS 5/9-185) (from Ch. 108 1/2, par. 9-185) 7 Sec. 9-185. Board created. 8 (a) A board of 9 members7 membersshall constitute the 9 board of trustees authorized to carry out the provisions of 10 this Article. The board of trustees shall be known as "The 11 Retirement Board of the County Employees' Annuity and Benefit 12 Fund of .... County". The board shall consist of 2 members 13 appointed and 7 members5 memberselected as hereinafter 14 prescribed. 15 (b) The appointed members shall be appointed as follows: 16 One member shall be appointed by the comptroller of such 17 county, who may be the comptroller or some person chosen by 18 him from among employees of the county, who are versed in the 19 affairs of the comptroller's office; and one member shall be 20 appointed by the treasurer of such county, who may be the 21 treasurer or some person chosen by him from among employees 22 of the County who are versed in the affairs of the 23 treasurer's office. 24 The member appointed by the comptroller shall hold office 25 for a term ending on December 1st of the first year following 26 the year of appointment. The member appointed by the county 27 treasurer shall hold office for a term ending on December 1st 28 of the second year following the year of appointment. 29 Thereafter, each appointed member shall be appointed by 30 the officer that appointed his predecessor for a term of 2 31 years. SB479 Engrossed -2- LRB9203903EGfg 1 (c) Three county employee members of the board shall be 2 elected as follows: within 30 days from and after the date 3 upon which this Article comes into effect in the county, the 4 clerk of the county shall arrange for and hold an election. 5 One employee shall be elected for a term ending on the first 6 day in the month of December of the first year next following 7 the effective date; one for a term ending on December 1st of 8 the following year; and one for a term ending December 1st of 9 the second following year. 10 (d) Beginning December 1, 1988, and every 3 years 11 thereafter, an annuitant member of the board shall be elected 12 as follows: the board shall arrange for and hold an election 13 in which only those participants who are currently receiving 14 retirementor disabilitybenefits under this Article shall be 15 eligible to vote and be elected. Each such member shall be 16 elected to a term ending on the first day in the month of 17 December of the third following year. 18 (d-1) Beginning December 1, 2001, and every 3 years 19 thereafter, an annuitant member of the board shall be elected 20 as follows: the board shall arrange for and hold an election 21 in which only those participants who are currently receiving 22 retirement benefits under this Article shall be eligible to 23 vote and be elected. Each such member shall be elected to a 24 term ending on the first day in the month of December of the 25 third following year. Until December 1, 2001, the position 26 created under this subsection (d-1) may be filled by the 27 board as in the case of a vacancy. 28 (e) Beginning December 1, 1988, if a Forest Preserve 29 District Employees' Annuity and Benefit Fund shall be in 30 force in such county and the board of this fund is charged 31 with administering the affairs of such annuity and benefit 32 fund for employees of such forest preserve district, a forest 33 preserve district member of the board shall be elected as of 34 December 1, 1988, and every 3 years thereafter as follows: SB479 Engrossed -3- LRB9203903EGfg 1 the board shall arrange for and hold an election in which 2 only those employees of such forest preserve district who are 3 contributors to the annuity and benefit fund for employees of 4 such forest preserve district shall be eligible to vote and 5 be elected. Each such member shall be elected to a term 6 ending on the first day in the month of December of the third 7 following year. 8 (f) Beginning December 1, 2001, and every 3 years 9 thereafter, if a Forest Preserve District Employees' Annuity 10 and Benefit Fund is in force in the county and the board of 11 this Fund is charged with administering the affairs of that 12 annuity and benefit fund for employees of the forest preserve 13 district, a forest preserve district annuitant member of the 14 board shall be elected as follows: the board shall arrange 15 for and hold an election in which only those participants who 16 are currently receiving retirement benefits under Article 10 17 shall be eligible to vote and be elected. Each such member 18 shall be elected to a term ending on the first day in the 19 month of December of the third following year. Until 20 December 1, 2001, the position created under this subsection 21 (f) may be filled by the board as in the case of a vacancy. 22 (Source: P.A. 85-964; 86-1488.) 23 (40 ILCS 5/9-186) (from Ch. 108 1/2, par. 9-186) 24 Sec. 9-186. Board elections. In each year, the board 25 shall conduct a regular election, under rules adopted by it, 26 at least 30 days prior to the expiration of the term of each 27 elected employee or annuitant member. 28 To be eligible to be a county employee member, a person 29 must be an employee of the county and must have at least 5 30 years of service credit in that capacity by December 1 of the 31 year of election. To be eligible to be a forest preserve 32 district member, a person must be an employee of the forest 33 preserve district and must have at least 5 years of service SB479 Engrossed -4- LRB9203903EGfg 1 credit in that capacity by December 1 of the year of 2 election. 3 Only those persons who are employees of the county shall 4 be eligible to vote for the 3 county employee members, only 5 those persons who are employees of the forest preserve 6 district shall be eligible to vote for the forest preserve 7 district member,andonly those persons who are currently 8 receiving retirementor disabilitybenefits under this 9 Article shall be eligible to vote for the annuitant members 10 elected under subsections (d) and (d-1) of Section 9-185, and 11 only those persons who are currently receiving retirement 12 benefits under Article 10 shall be eligible to vote for the 13 forest preserve district annuitant member elected under 14 subsection (f) of Section 9-185. The ballot shall be of 15 secret character. 16 Except as otherwise provided in Section 9-187, each 17 member of the board shall hold office until his successor is 18 chosen and has qualified. 19 Any person elected or appointed a member of the board 20 shall qualify for the office by taking an oath of office to 21 be administered by the county clerk or a person designated by 22 him. A copy thereof shall be kept in the office of the 23 county clerk. Any appointment or notice of election shall be 24 in writing and the written instrument shall be filed with the 25 oath. 26 (Source: P.A. 85-964; 86-1488.) 27 (40 ILCS 5/9-187) (from Ch. 108 1/2, par. 9-187) 28 Sec. 9-187. Board vacancy. 29 (a) A vacancy in the membership of the board shall be 30 filled as follows: 31 If the vacancy is that of an appointive member, the 32 official who appointed him shall appoint a person to serve 33 for the unexpired term. SB479 Engrossed -5- LRB9203903EGfg 1 If the vacancy is that of a county employee member, the 2 remaining members of the board shall appoint a successor from 3 among the employees of the county, who shall serve during the 4 remainder of the unexpired term. 5 If the vacancy is that of a forest preserve district 6 member, the remaining members of the board shall appoint a 7 successor from among the employees of the forest preserve 8 district, who shall serve during the remainder of the 9 unexpired term. 10 If the vacancy is that of an annuitant member other than 11 a forest preserve district annuitant member, the remaining 12 members of the board shall appoint a successor from among 13 those persons who are currently receiving retirementor14disabilitybenefits under this Article. 15 If the vacancy is that of a forest preserve district 16 annuitant member, the remaining members of the board shall 17 appoint a successor from among those persons who are 18 currently receiving retirement benefits under Article 10. 19 (b) Any county or forest preserve district member who 20 withdraws from service shall automatically cease to be a 21 member of the board. Any annuitant member (other than a 22 forest preserve district annuitant member) whose retirement 23or disabilitybenefits cease under this Article, and any 24 forest preserve district annuitant member whose retirement 25 benefits cease under Article 10, shall also automatically 26 cease to be a member of the Board. 27 (Source: P.A. 85-964; 86-1488.) 28 Section 99. Effective date. This Act takes effect upon 29 becoming law.