Bill Text: IL HB0581 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Chicago Teacher Article of the Illinois Pension Code. Makes various changes in provisions concerning the creation of the Board of Trustees of the Fund, Board membership, and Board elections, including changing the principal trustee to a principal/administrator trustee. Amends the State Mandates Act to require implementation without reimbursement.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2009-03-13 - Rule 19(a) / Re-referred to Rules Committee [HB0581 Detail]

Download: Illinois-2009-HB0581-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB0581 Introduced 2/6/2009, by Rep. Angelo Saviano SYNOPSIS AS INTRODUCED:
40 ILCS 5/17-137 from Ch. 108 1/2, par. 17-137
40 ILCS 5/17-138 from Ch. 108 1/2, par. 17-138
40 ILCS 5/17-139 from Ch. 108 1/2, par. 17-139
30 ILCS 805/8.33 new
Amends the Chicago Teacher Article of the Illinois Pension Code. Makes various changes in provisions concerning the creation of the Board of Trustees of the Fund, Board membership, and Board elections, including changing the principal trustee to a principal/administrator trustee. Amends the State Mandates Act to require implementation without reimbursement.
LRB096 03528 AMC 13553 b
FISCAL NOTE ACT MAY APPLY PENSION IMPACT NOTE ACT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
A BILL FOR
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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 changing
Section 17-137, 17-138, and 17-139 as follows:
(40 ILCS 5/17-137) (from Ch. 108 1/2, par. 17-137)
Sec. 17-137. Board created. There shall be elected a Board
of Trustees, herein also referred to as the "Board", to
administer and control the Fund created by this Article. The
Board shall consist of 12 members, 2 of whom shall be members
of the Board of Education, 6 of whom shall be teacher trustees
contributors who are not principals, one of whom shall be a
principal/administrator trustee contributor who is a
principal, and 3 of whom shall be pensioner trustees
pensioners, all to be chosen as provided in this Article.
(Source: P.A. 89-136, eff. 7-14-95; 90-566, eff. 1-2-98.)
(40 ILCS 5/17-138) (from Ch. 108 1/2, par. 17-138)
Sec. 17-138. Board membership; terms of office.
(a) Board of Education appointees. At the first meeting of
the Board of Education in November of each year, the Board of
Education shall appoint one of its members to serve, while a
member of the Board of Education, on the Board of Trustees for

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a term of 2 years.
(b) Teacher trustees. During the first week of November On
the last school day of the 4th week of October of each year,
there shall be elected 2 contributors who are certified
teachers, but not principals or administrators shall be elected
members of the Board. The term of office for teacher trustees
shall be members of the Board from the teachers other than
principals, who shall hold office for terms of 3 years while
retaining their status as teachers other than principals, and
other members to fill unexpired terms. In the event that
schools are not in session on or during the week prior to the
last Friday in October, this election shall be held on the
Friday of the first subsequent full week of school. The
election shall be by secret ballot and shall be held in such
manner as the Board by bylaws or rules shall provide. Only
teachers who are not principals shall be eligible to vote in
the election.
(c) Principal/administrator trustee. During the first week
of November of 1995 and every third year thereafter, one
contributor who is a principal or administrator shall be
elected a member of the Board. The principal/administrator This
trustee shall hold office for a term of 3 years while retaining
his or her status as a principal or administrator. The election
shall be by mail ballot and only contributors who are
principals shall be eligible to vote. The election shall be
held in the manner provided by the Board by rule or bylaw.

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(d) Pensioner trustees. During the first week of November
of each odd-numbered year, 3 pensioners who are receiving a
service or disability pension under this Article there shall be
elected 3 members of the Board. The pensioner trustees from the
pensioners, who shall hold office for a term of 2 years while
retaining their status as pensioners. The election shall be by
mail ballot to all service and disability pensioners, and shall
be held in such manner as the Board by bylaws or rules shall
provide.
(e) Appointment of successors. All trustees, while members
of the Board of Education or while principals, teachers other
than principals, or pensioners, as the case may be, shall hold
their offices until their successors shall have been appointed
or elected and qualified by subscribing to the constitutional
oath of office at the immediately succeeding regular meeting of
the Board immediately succeeding the election.
(Source: P.A. 89-136, eff. 7-14-95; 90-566, eff. 1-2-98.)
(40 ILCS 5/17-139) (from Ch. 108 1/2, par. 17-139)
Sec. 17-139. Board elections and vacancies.
(a) Form of election. The elections shall be by secret
ballot and shall be held in such manner as the Board's bylaws
or rules shall provide. Eligible voters may vote for as many
candidates for which there are positions available in their
elections. Voting shall be subject to the following conditions:
(1) Only current contributors who are not principals or

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administrators shall be eligible to vote in the teacher
trustee election.
(2) Only current contributors who are principals or
administrators shall be eligible to vote in the
principal/administrator trustee election.
(3) Only current service and disability pensioners
shall be eligible to vote in the pensioner trustee
election.
(b) Qualifications for trustee positions. Candidates for
trustee positions shall meet the following requirements:
(1) Candidates for teacher trustee must be current
contributors to the Fund, 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 current contributors who are not principals
or administrators.
(2) Candidates for principal/administrator trustee
must be current contributors to the Fund, meet the
definition of administrator under Section 17-106.1 of this
Code, and be nominated by a petition signed by not less
than 25 current contributors who are principals or
administrators.
(3) Candidates for pensioner trustee must be current
recipients of a Fund service, reciprocal, or disability
pension and be nominated by a petition signed by not less
than 100 current recipients of a Fund pension.

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(c) Nomination period. The nomination period shall run from
May 1 of the year in which the respective elections are
scheduled to October 1 of that year.
(d) Form and submission of petitions and election of
candidates. Nomination petitions shall be provided to
candidates meeting the eligibility requirements by the Fund.
Petitions shall be filed with the Fund election coordinator on
or before October 1st of the year in which the respective
elections occur. If the nominations do not exceed the number of
candidates to be elected, then the nominated candidates shall
be declared elected by the canvassing board. If there are
sufficient candidates to conduct an election, then the election
shall be conducted in the manner that the Board, by bylaws or
rules, shall provide. The candidates receiving the highest
number of votes cast for their respective positions shall be
declared elected.
(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.

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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

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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.
(e) (4) Vacancies. The Board may fill vacancies occurring
in the teacher trustee, principal/administrator trustee, or
pensioner trustee positions 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
appointed trustee positions at any regular meeting of the Board
of Education.
(Source: P.A. 94-514, eff. 8-10-05.)

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Section 90. The State Mandates Act is amended by adding
Section 8.33 as follows:
(30 ILCS 805/8.33 new)
Sec. 8.33. Exempt mandate. Notwithstanding Sections 6 and 8
of this Act, no reimbursement by the State is required for the
implementation of any mandate created by this amendatory Act of
the 96th General Assembly.