Public Act 0514 94TH GENERAL ASSEMBLY

HB0165 Enrolled LRB094 03514 LRD 33517 b

Public Act 094-0514

AN ACT concerning public employee benefits.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Pension Code is amended by adding Section 17-106.1 and changing Section 17-139 as follows:

(40 ILCS 5/17-106.1 new)

Sec. 17-106.1. Administrator. Administrator means a member who is employed in a position that requires him or her to hold a Type 75 Certificate issued by the State Teacher Certification Board.

(40 ILCS 5/17-139) (from Ch. 108 1/2, par. 17-139)

Sec. 17-139. Board elections and vacancies.

(1) Contributors other than principals election. Every member who is not a principal or an administrator may vote at the election for as many persons as there are trustees to be elected by the contributors who are not principals or administrators. The name of a candidate shall not be printed upon the ballot unless he or she has been assigned on a regular certificate for at least 10 years in the Chicago public schools or charter schools and nominated by a petition signed by not less than 200 contributors who are not principals or administrators.

Petitions shall be filed with the recording secretary of the Fund on or after September 15 of each year and not later than October 1st of that year. No more than one candidate may be nominated by any one petition. If the nominations do not exceed the number of candidates to be elected, the canvassing board shall declare the nominated candidates elected. Otherwise, candidates receiving the highest number of votes cast for their respective terms shall be declared elected. The location and number of polling places shall be designated by the Board. The election shall be conducted by the teachers who are not principals or administrators, and the judges of the election shall be selected from the teachers who are not principals or administrators, in such manner as the board in its bylaws or rules provides.

Elections to fill vacancies on the Board shall be held at the next annual election.

(2) Pensioners election. The name of a candidate shall not be printed on the ballot unless he or she has been nominated by a petition signed by not less than 100 pensioners of the Fund. Petitions shall be filed with the recording secretary of the Fund on or before October 1 of the odd-numbered year. If the nominations do not exceed 3, the mailing of ballots shall be eliminated and the nominated candidates shall be declared elected. Otherwise, the 3 candidates receiving the highest number of votes cast shall be declared elected. The mailing and counting of the ballots shall be conducted by the office of the Fund with volunteer assistance from pensioners at the request of the Board.

(3) Principals election. The name of a candidate shall not be printed on the ballot unless he or she has been nominated by a petition signed by at least 25 contributors who are principals or administrators. Petitions shall be filed with the recording secretary of the Fund on or before October 1 of the election year. Every member who is a principal or an administrator may vote at the election for one candidate who is a contributor who is a principal. If only one eligible candidate is nominated, the election shall not be held and the nominated candidate shall be declared elected. Otherwise, the candidate receiving the highest number of votes cast shall be declared elected. The mailing and counting of the ballots shall be conducted by the office of the Fund.

(4) Vacancies. The Board may fill vacancies occurring in the membership of the Board elected by the principals, administrators, teachers other than principals or administrators, or pensioners at any regular meeting of the Board. The Board of Education may fill vacancies occurring in the membership of the Board appointed by the Board of Education at any regular meeting of the Board of Education.

(Source: P.A. 89-136, eff. 7-14-95; 90-566, eff. 1-2-98.)

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

Effective Date: 8/10/2005