Bill Text: IL HB5172 | 2011-2012 | 97th General Assembly | Introduced

---

Bill Title: Amends the Chicago Teacher Article of the Illinois Pension Code. Adds a pensioner member to the Board of Trustees and makes corresponding changes. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB5172 Detail]

Download: Illinois-2011-HB5172-Introduced.html

---

97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB5172 Introduced , by Rep. Marlow H. Colvin 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 805/8.36 new
Amends the Chicago Teacher Article of the Illinois Pension Code. Adds a pensioner member to the Board of Trustees and makes corresponding changes. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
LRB097 16957 EFG 62146 b
FISCAL NOTE ACT MAY APPLY PENSION IMPACT NOTE ACT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
A BILL FOR
HB5172 LRB097 16957 EFG 62146 b
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
Sections 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 13 12 members, 2 of whom shall be
members of the Board of Education, 6 of whom shall be
contributors who are not principals, one of whom shall be a
contributor who is a principal, and 4 3 of whom shall be
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. 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
a term of 2 years.
On the last school day of the 4th week of October of each

HB5172 - 2 - LRB097 16957 EFG 62146 b
year there shall be elected 2 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.
During the first week of November of 1995 and every third
year thereafter, one contributor who is a principal shall be
elected a member of the Board. This trustee shall hold office
for a term of 3 years while retaining his or her status as a
principal. 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.
During the first week of November of each odd-numbered year
there shall be elected 4 3 members of the Board 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.

HB5172 - 3 - LRB097 16957 EFG 62146 b
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.
(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.
(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.

HB5172 - 4 - LRB097 16957 EFG 62146 b
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 4 3, the mailing of ballots shall be
eliminated and the nominated candidates shall be declared
elected. Otherwise, the 4 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

HB5172 - 5 - LRB097 16957 EFG 62146 b
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. 94-514, eff. 8-10-05.)
Section 90. The State Mandates Act is amended by adding
Section 8.36 as follows:
(30 ILCS 805/8.36 new)
Sec. 8.36. 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 97th General Assembly.

HB5172 - 6 - LRB097 16957 EFG 62146 b
Section 99. Effective date. This Act takes effect upon
becoming law.