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| 1 | AN ACT concerning public employee benefits.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Illinois Pension Code is amended by changing | ||||||||||||||||||||||||||||||
| 5 | Section 17-137, 17-138, and 17-139 as follows:
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| 6 | (40 ILCS 5/17-137) (from Ch. 108 1/2, par. 17-137)
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| 7 | Sec. 17-137. Board created. There shall be elected a Board | ||||||||||||||||||||||||||||||
| 8 | of Trustees,
herein also referred to as the "Board", to | ||||||||||||||||||||||||||||||
| 9 | administer and
control the Fund
created by this Article. The | ||||||||||||||||||||||||||||||
| 10 | Board shall consist of 12
members, 2 of whom shall be members | ||||||||||||||||||||||||||||||
| 11 | of the Board of Education, 6
of whom shall be teacher trustees | ||||||||||||||||||||||||||||||
| 12 | contributors who are not principals, one of whom shall be a
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| 13 | principal/administrator trustee contributor who is a | ||||||||||||||||||||||||||||||
| 14 | principal, and 3 of whom shall be pensioner trustees | ||||||||||||||||||||||||||||||
| 15 | pensioners,
all to be chosen as provided in this Article.
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| 16 | (Source: P.A. 89-136, eff. 7-14-95; 90-566, eff. 1-2-98.)
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| 17 | (40 ILCS 5/17-138) (from Ch. 108 1/2, par. 17-138)
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| 18 | Sec. 17-138. Board membership; terms of office. | ||||||||||||||||||||||||||||||
| 19 | (a) Board of Education appointees. At the first meeting of | ||||||||||||||||||||||||||||||
| 20 | the Board of
Education in November of each year, the Board of | ||||||||||||||||||||||||||||||
| 21 | Education
shall appoint one of its members to serve, while a | ||||||||||||||||||||||||||||||
| 22 | member of the Board of
Education, on the Board of Trustees for | ||||||||||||||||||||||||||||||
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| 1 | a term of 2 years.
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| 2 | (b) Teacher trustees. During the first week of November On | ||||||
| 3 | the last school day of the 4th week of October of each year, | ||||||
| 4 | there
shall be elected 2 contributors who are certified | ||||||
| 5 | teachers, but not principals or administrators shall be elected | ||||||
| 6 | members of the Board. The term of office for teacher trustees | ||||||
| 7 | shall be members of the Board from the teachers other
than | ||||||
| 8 | principals, who shall hold office for terms of 3 years
while | ||||||
| 9 | retaining their status as teachers other than principals, and | ||||||
| 10 | other
members to fill unexpired terms. In the event that | ||||||
| 11 | schools are not in session
on or during the week prior to the | ||||||
| 12 | last Friday in October, this election shall
be held on the | ||||||
| 13 | Friday of the first subsequent full week of school. The
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| 14 | election shall be by secret ballot and shall be held in such | ||||||
| 15 | manner as the
Board by bylaws or rules shall provide. Only | ||||||
| 16 | teachers who are
not principals shall be eligible to vote in | ||||||
| 17 | the election.
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| 18 | (c) Principal/administrator trustee. During the first week | ||||||
| 19 | of November of 1995 and every third year thereafter,
one | ||||||
| 20 | contributor who is a principal or administrator shall be | ||||||
| 21 | elected a member of the Board. The principal/administrator This | ||||||
| 22 | trustee shall hold office for a term of 3 years while
retaining
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| 23 | his or her status as a principal or administrator. The election | ||||||
| 24 | shall be by mail ballot and
only contributors who are | ||||||
| 25 | principals shall be eligible to vote. The election
shall be | ||||||
| 26 | held in the manner provided by the Board by rule or
bylaw.
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| 1 | (d) Pensioner trustees. During the first week of November | ||||||
| 2 | of each odd-numbered year, 3 pensioners who are receiving a | ||||||
| 3 | service or disability pension under this Article there shall
be | ||||||
| 4 | elected 3 members of the Board. The pensioner trustees from the | ||||||
| 5 | pensioners,
who shall hold office for a term of 2 years while | ||||||
| 6 | retaining their status
as pensioners. The election shall be by | ||||||
| 7 | mail ballot to all service and
disability pensioners, and shall | ||||||
| 8 | be held in such manner as the Board by bylaws or rules shall | ||||||
| 9 | provide.
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| 10 | (e) Appointment of successors. All trustees, while members | ||||||
| 11 | of the Board of Education or while
principals, teachers other | ||||||
| 12 | than principals, or pensioners, as the
case may be, shall hold | ||||||
| 13 | their offices
until their successors shall have been appointed | ||||||
| 14 | or elected and qualified by
subscribing to the constitutional | ||||||
| 15 | oath of office at the immediately succeeding
regular meeting of | ||||||
| 16 | the Board immediately succeeding the election.
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| 17 | (Source: P.A. 89-136, eff. 7-14-95; 90-566, eff. 1-2-98.)
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| 18 | (40 ILCS 5/17-139) (from Ch. 108 1/2, par. 17-139)
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| 19 | Sec. 17-139. Board elections and vacancies.
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| 20 | (a) Form of election. The elections shall be by secret | ||||||
| 21 | ballot and shall be held in such manner as the Board's bylaws | ||||||
| 22 | or rules shall provide. Eligible voters may vote for as many | ||||||
| 23 | candidates for which there are positions available in their | ||||||
| 24 | elections. Voting shall be subject to the following conditions: | ||||||
| 25 | (1) Only current contributors who are not principals or | ||||||
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| 1 | administrators shall be eligible to vote in the teacher | ||||||
| 2 | trustee election. | ||||||
| 3 | (2) Only current contributors who are principals or | ||||||
| 4 | administrators shall be eligible to vote in the | ||||||
| 5 | principal/administrator trustee election. | ||||||
| 6 | (3) Only current service and disability pensioners | ||||||
| 7 | shall be eligible to vote in the pensioner trustee | ||||||
| 8 | election. | ||||||
| 9 | (b) Qualifications for trustee positions. Candidates for | ||||||
| 10 | trustee positions shall meet the following requirements: | ||||||
| 11 | (1) Candidates for teacher trustee must be current | ||||||
| 12 | contributors to the Fund, assigned on a regular certificate | ||||||
| 13 | for at least 10 years in the Chicago public schools or | ||||||
| 14 | charter schools, and
nominated by a petition signed by not | ||||||
| 15 | less than 200 current contributors who are not
principals | ||||||
| 16 | or administrators. | ||||||
| 17 | (2) Candidates for principal/administrator trustee | ||||||
| 18 | must be current contributors to the Fund, meet the | ||||||
| 19 | definition of administrator under Section 17-106.1 of this | ||||||
| 20 | Code, and be nominated by a petition signed by not less | ||||||
| 21 | than 25 current contributors who are principals or | ||||||
| 22 | administrators. | ||||||
| 23 | (3) Candidates for pensioner trustee must be current | ||||||
| 24 | recipients of a Fund service, reciprocal, or disability | ||||||
| 25 | pension and be nominated by a petition signed by not less | ||||||
| 26 | than 100 current recipients of a Fund pension. | ||||||
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| 1 | (c) Nomination period. The nomination period shall run from | ||||||
| 2 | May 1 of the year in which the respective elections are | ||||||
| 3 | scheduled to October 1 of that year. | ||||||
| 4 | (d) Form and submission of petitions and election of | ||||||
| 5 | candidates. Nomination petitions shall be provided to | ||||||
| 6 | candidates meeting the eligibility requirements by the Fund. | ||||||
| 7 | Petitions shall be filed with the Fund election coordinator on | ||||||
| 8 | or before October 1st of the year in which the respective | ||||||
| 9 | elections occur. If the nominations do not exceed the number of | ||||||
| 10 | candidates to be elected, then the nominated candidates shall | ||||||
| 11 | be declared elected by the canvassing board. If there are | ||||||
| 12 | sufficient candidates to conduct an election, then the election | ||||||
| 13 | shall be conducted in the manner that the Board, by bylaws or | ||||||
| 14 | rules, shall provide. The candidates receiving the highest | ||||||
| 15 | number of votes cast for their respective positions shall be | ||||||
| 16 | declared elected. | ||||||
| 17 | (1) Contributors other than principals election. Every
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| 18 | member who is not a principal or an administrator may vote at | ||||||
| 19 | the election for as many persons
as there are trustees to be | ||||||
| 20 | elected by the contributors who are not
principals or | ||||||
| 21 | administrators. The name of a candidate shall not be printed | ||||||
| 22 | upon
the ballot unless he or she has been assigned on a regular | ||||||
| 23 | certificate for
at least 10 years in the Chicago public schools | ||||||
| 24 | or charter schools and
nominated by a petition signed by not | ||||||
| 25 | less than 200 contributors who are not
principals or | ||||||
| 26 | administrators.
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| 1 | Petitions shall be filed with the recording secretary of | ||||||
| 2 | the Fund on or after September
15 of each year and not later | ||||||
| 3 | than October 1st of that year. No more than one
candidate may | ||||||
| 4 | be nominated by any one petition. If the nominations do not
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| 5 | exceed the number of candidates to be elected, the canvassing | ||||||
| 6 | board shall
declare the nominated candidates elected. | ||||||
| 7 | Otherwise, candidates receiving the
highest number of votes | ||||||
| 8 | cast for their respective terms shall be declared
elected. The | ||||||
| 9 | location and number of polling places shall be designated by | ||||||
| 10 | the
Board. The election shall be conducted by the teachers who | ||||||
| 11 | are
not principals or administrators, and the judges of the | ||||||
| 12 | election shall be selected from the
teachers who are not | ||||||
| 13 | principals or administrators, in such manner as the board in | ||||||
| 14 | its bylaws
or rules provides.
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| 15 | Elections to fill vacancies on the Board
shall be held at | ||||||
| 16 | the next annual election.
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| 17 | (2) Pensioners election. The name of a candidate
shall not | ||||||
| 18 | be printed on the ballot unless he or she has been nominated by | ||||||
| 19 | a
petition signed by not less than 100 pensioners of the Fund.
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| 20 | Petitions shall
be filed with the recording secretary of the | ||||||
| 21 | Fund on or before
October 1 of the
odd-numbered year. If the | ||||||
| 22 | nominations do not exceed 3, the mailing
of ballots
shall be | ||||||
| 23 | eliminated and the nominated candidates shall be declared | ||||||
| 24 | elected.
Otherwise, the 3 candidates receiving the highest | ||||||
| 25 | number of votes
cast shall be
declared elected. The mailing and | ||||||
| 26 | counting of the ballots shall be conducted
by the office of the | ||||||
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| 1 | Fund with volunteer assistance from
pensioners at the
request | ||||||
| 2 | of the Board.
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| 3 | (3) Principals election. The name of a candidate shall not | ||||||
| 4 | be printed on
the ballot unless he or she has been nominated by | ||||||
| 5 | a petition signed by at least
25 contributors who are | ||||||
| 6 | principals or administrators. Petitions shall be filed with the
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| 7 | recording secretary of the Fund on or before October 1 of the | ||||||
| 8 | election year. Every
member who is a principal or an | ||||||
| 9 | administrator may vote at the election for one candidate
who is | ||||||
| 10 | a contributor who is
a principal.
If only one eligible | ||||||
| 11 | candidate is nominated, the election shall not be held and
the | ||||||
| 12 | nominated candidate shall be declared elected. Otherwise, the | ||||||
| 13 | candidate
receiving the highest number of votes cast shall be | ||||||
| 14 | declared elected. The
mailing and counting of the ballots shall | ||||||
| 15 | be conducted by the office of the
Fund.
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| 16 | (e) (4) Vacancies. The Board may fill vacancies occurring | ||||||
| 17 | in
the teacher trustee, principal/administrator trustee, or | ||||||
| 18 | pensioner trustee positions membership of the Board elected by | ||||||
| 19 | the principals, administrators, teachers other
than principals | ||||||
| 20 | or administrators, or pensioners at any regular meeting of the | ||||||
| 21 | Board. The
Board of Education may fill vacancies occurring in | ||||||
| 22 | the membership of the Board appointed by the Board of Education | ||||||
| 23 | appointed trustee positions at any regular meeting of
the
Board | ||||||
| 24 | of Education.
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| 25 | (Source: P.A. 94-514, eff. 8-10-05.)
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| 1 | Section 90. The State Mandates Act is amended by adding | ||||||
| 2 | Section 8.33 as follows:
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| 3 | (30 ILCS 805/8.33 new) | ||||||
| 4 | Sec. 8.33. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
| 5 | of this Act, no reimbursement by the State is required for the | ||||||
| 6 | implementation of any mandate created by this amendatory Act of | ||||||
| 7 | the 96th General Assembly.
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