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1 | AN ACT concerning 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 22B-117 and 22C-117 as follows: | |||||||||||||||||||||
6 | (40 ILCS 5/22B-117) | |||||||||||||||||||||
7 | Sec. 22B-117. Meetings of the board. | |||||||||||||||||||||
8 | (a) The transition board and the permanent board shall | |||||||||||||||||||||
9 | each meet at least quarterly and otherwise upon written | |||||||||||||||||||||
10 | request of either the Chairperson or 3 other members. The | |||||||||||||||||||||
11 | Chairperson shall preside over meetings of the board. The | |||||||||||||||||||||
12 | executive director and personnel of the board shall prepare | |||||||||||||||||||||
13 | agendas and materials and required postings for meetings of | |||||||||||||||||||||
14 | the board. | |||||||||||||||||||||
15 | (b) Six members of the board shall constitute a quorum. | |||||||||||||||||||||
16 | (c) All actions taken by the transition board and the | |||||||||||||||||||||
17 | permanent board shall require a vote of least 5 trustees, | |||||||||||||||||||||
18 | except that the following shall require a vote of at least 6 | |||||||||||||||||||||
19 | trustees: the adoption of actuarial assumptions; the selection | |||||||||||||||||||||
20 | of the chief investment officer, fiduciary counsel, or a | |||||||||||||||||||||
21 | consultant as defined under Section 1-101.5 of this Code; the | |||||||||||||||||||||
22 | adoption of rules for the conduct of election of trustees; and | |||||||||||||||||||||
23 | the adoption of asset allocation policies and investment |
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1 | policies. | ||||||
2 | (d) Subject to the requirements of Section 2.06 of the | ||||||
3 | Open Meetings Act but notwithstanding any other provision of | ||||||
4 | law, meetings of committees of the board may be conducted by | ||||||
5 | audio or video conference, without the physical presence of a | ||||||
6 | quorum of the members, so long as the following conditions are | ||||||
7 | met: | ||||||
8 | (1) The chairperson of the board determines that an | ||||||
9 | in-person meeting would pose a risk to the health or | ||||||
10 | safety of members of the board or the public and that | ||||||
11 | conducting a meeting by an audio or video conference is in | ||||||
12 | the best interest of the board and the public, and the | ||||||
13 | public notice of any meeting given under this paragraph | ||||||
14 | (1) states the reason or reasons for such determination. | ||||||
15 | (2) All members of the board participating in the | ||||||
16 | meeting, wherever their physical location, shall be | ||||||
17 | verified and can hear one another and can hear all | ||||||
18 | discussion and testimony. | ||||||
19 | (3) For open meetings, members of the public present | ||||||
20 | at the meeting location of the committee of the board can | ||||||
21 | hear all discussion and testimony and all votes of the | ||||||
22 | members of the committee of the board, or the committee of | ||||||
23 | the board makes arrangements and provides notice pursuant | ||||||
24 | to this subsection (d) of such arrangements in a manner to | ||||||
25 | allow any interested member of the public access to | ||||||
26 | contemporaneously hear all discussion, testimony, and roll |
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1 | call votes, such as by offering a telephone number or a | ||||||
2 | web-based link, and to provide a method and notice by | ||||||
3 | which members of the public may provide public comment or | ||||||
4 | address the committee of the board as authorized by | ||||||
5 | subsection (g) of Section 2.06 of the Open Meetings Act, | ||||||
6 | such as by telephone or web-based link, or by email or | ||||||
7 | written comment to be read aloud at the meeting, | ||||||
8 | consistent with the board's established and recorded rules | ||||||
9 | for public comment, and to be included in the meeting | ||||||
10 | record. | ||||||
11 | (4) At least one member of the board, its legal | ||||||
12 | counsel, or an administrative officer of the board is | ||||||
13 | physically present at the meeting location. | ||||||
14 | (5) All votes are conducted by roll call, and each | ||||||
15 | member's vote on each issue is identified and recorded. | ||||||
16 | (6) Except in the event of a bona fide emergency, 48 | ||||||
17 | hours' notice shall be given of a meeting to be held | ||||||
18 | pursuant to this Section. Notice shall be given to all | ||||||
19 | members of the board, shall be posted in compliance with | ||||||
20 | subsection (a) of Section 2.02 of the Open Meetings Act, | ||||||
21 | and shall also be provided to any news media that has | ||||||
22 | requested notice of meetings pursuant to subsection (a) of | ||||||
23 | Section 2.02 of the Open Meetings Act. The meeting notice | ||||||
24 | and agenda shall include the following: (i) all | ||||||
25 | information necessary for the public to access the audio | ||||||
26 | or video conference, including, but not limited to, the |
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1 | telephone number, web-based link, meeting identification | ||||||
2 | number, passcode, or other method to obtain access; and | ||||||
3 | (ii) for meetings conducted without the public present at | ||||||
4 | the meeting location pursuant to paragraphs (3) and (4) of | ||||||
5 | this subsection (d), all additional specific information | ||||||
6 | necessary for members of the public to provide public | ||||||
7 | comment or address the committee of the board as | ||||||
8 | authorized by subsection (g) of Section 2.06 of the Open | ||||||
9 | Meetings Act, such as by telephone number, web-based link, | ||||||
10 | email, or written comment. If the board declares a bona | ||||||
11 | fide emergency: | ||||||
12 | (A) Notice shall be given pursuant to subsection | ||||||
13 | (a) of Section 2.02 of the Open Meetings Act, and the | ||||||
14 | presiding officer shall state the nature of the | ||||||
15 | emergency at the beginning of the meeting. | ||||||
16 | (B) The committee of the board must comply with | ||||||
17 | the verbatim recording requirements set forth in | ||||||
18 | Section 2.06 of the Open Meetings Act. | ||||||
19 | (7) Each member of the board participating in a | ||||||
20 | meeting by audio or video conference for a meeting held | ||||||
21 | pursuant to this Section shall be considered present at | ||||||
22 | the meeting for purposes of determining a quorum and | ||||||
23 | participating in all proceedings. | ||||||
24 | (8) In addition to the requirements for open meetings | ||||||
25 | under Section 2.06 of the Open Meetings Act, committees of | ||||||
26 | the board holding open meetings under this subsection (d) |
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1 | must also keep a verbatim record of all their meetings in | ||||||
2 | the form of an audio or video recording. Verbatim records | ||||||
3 | made under this paragraph (8) shall be made available to | ||||||
4 | the public under, and are otherwise subject to, the | ||||||
5 | provisions of Section 2.06 of the Open Meetings Act. | ||||||
6 | (9) The board shall bear all costs associated with | ||||||
7 | compliance with this subsection (d). | ||||||
8 | (Source: P.A. 101-610, eff. 1-1-20.) | ||||||
9 | (40 ILCS 5/22C-117) | ||||||
10 | Sec. 22C-117. Meetings of the board. | ||||||
11 | (a) The transition board and the permanent board shall | ||||||
12 | each meet at least quarterly and otherwise upon written | ||||||
13 | request of either the Chairperson or 3 other members. The | ||||||
14 | Chairperson shall preside over meetings of the board. The | ||||||
15 | executive director and personnel of the board shall prepare | ||||||
16 | agendas and materials and required postings for meetings of | ||||||
17 | the board. | ||||||
18 | (b) Six members of the board shall constitute a quorum. | ||||||
19 | (c) All actions taken by the transition board and the | ||||||
20 | permanent board shall require a vote of least 5 trustees, | ||||||
21 | except that the following shall require a vote of at least 6 | ||||||
22 | trustees: the adoption of actuarial assumptions; the selection | ||||||
23 | of the chief investment officer, fiduciary counsel, or a | ||||||
24 | consultant as defined under Section 1-101.5 of this Code; the | ||||||
25 | adoption of rules for the conduct of election of trustees; and |
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1 | the adoption of asset allocation policies and investment | ||||||
2 | policies. | ||||||
3 | (d) Subject to the requirements of Section 2.06 of the | ||||||
4 | Open Meetings Act but notwithstanding any other provision of | ||||||
5 | law, meetings of committees of the board may be conducted by | ||||||
6 | audio or video conference, without the physical presence of a | ||||||
7 | quorum of the members, so long as the following conditions are | ||||||
8 | met: | ||||||
9 | (1) The chairperson of the board determines that an | ||||||
10 | in-person meeting would pose a risk to the health or | ||||||
11 | safety of members of the board or the public and that | ||||||
12 | conducting a meeting by an audio or video conference is in | ||||||
13 | the best interest of the board and the public, and the | ||||||
14 | public notice of any meeting given under this paragraph | ||||||
15 | (1) states the reason or reasons for such determination. | ||||||
16 | (2) All members of the board participating in the | ||||||
17 | meeting, wherever their physical location, shall be | ||||||
18 | verified and can hear one another and can hear all | ||||||
19 | discussion and testimony. | ||||||
20 | (3) For open meetings, members of the public present | ||||||
21 | at the meeting location of the committee of the board can | ||||||
22 | hear all discussion and testimony and all votes of the | ||||||
23 | members of the committee of the board, or the committee of | ||||||
24 | the board makes arrangements and provides notice pursuant | ||||||
25 | to this subsection (d) of such arrangements in a manner to | ||||||
26 | allow any interested member of the public access to |
| |||||||
| |||||||
1 | contemporaneously hear all discussion, testimony, and roll | ||||||
2 | call votes, such as by offering a telephone number or a | ||||||
3 | web-based link, and to provide a method and notice by | ||||||
4 | which members of the public may provide public comment or | ||||||
5 | address the committee of the board as authorized by | ||||||
6 | subsection (g) of Section 2.06 of the Open Meetings Act, | ||||||
7 | such as by telephone or web-based link, or by email or | ||||||
8 | written comment to be read aloud at the meeting, | ||||||
9 | consistent with the board's established and recorded rules | ||||||
10 | for public comment, and to be included in the meeting | ||||||
11 | record. | ||||||
12 | (4) At least one member of the board, its legal | ||||||
13 | counsel, or an administrative officer of the board is | ||||||
14 | physically present at the meeting location. | ||||||
15 | (5) All votes are conducted by roll call, and each | ||||||
16 | member's vote on each issue is identified and recorded. | ||||||
17 | (6) Except in the event of a bona fide emergency, 48 | ||||||
18 | hours' notice shall be given of a meeting to be held | ||||||
19 | pursuant to this Section. Notice shall be given to all | ||||||
20 | members of the board, shall be posted in compliance with | ||||||
21 | subsection (a) of Section 2.02 of the Open Meetings Act, | ||||||
22 | and shall also be provided to any news media that has | ||||||
23 | requested notice of meetings pursuant to subsection (a) of | ||||||
24 | Section 2.02 of the Open Meetings Act. The meeting notice | ||||||
25 | and agenda shall include the following: (i) all | ||||||
26 | information necessary for the public to access the audio |
| |||||||
| |||||||
1 | or video conference, including, but not limited to, the | ||||||
2 | telephone number, web-based link, meeting identification | ||||||
3 | number, passcode, or other method to obtain access; and | ||||||
4 | (ii) for meetings conducted without the public present at | ||||||
5 | the meeting location pursuant to paragraphs (3) and (4) of | ||||||
6 | this subsection (d), all additional specific information | ||||||
7 | necessary for members of the public to provide public | ||||||
8 | comment or address the committee of the board as | ||||||
9 | authorized by subsection (g) of Section 2.06 of the Open | ||||||
10 | Meetings Act, such as by telephone number, web-based link, | ||||||
11 | email, or written comment. If the board declares a bona | ||||||
12 | fide emergency: | ||||||
13 | (A) Notice shall be given pursuant to subsection | ||||||
14 | (a) of Section 2.02 of the Open Meetings Act, and the | ||||||
15 | presiding officer shall state the nature of the | ||||||
16 | emergency at the beginning of the meeting. | ||||||
17 | (B) The committee of the board must comply with | ||||||
18 | the verbatim recording requirements set forth in | ||||||
19 | Section 2.06 of the Open Meetings Act. | ||||||
20 | (7) Each member of the board participating in a | ||||||
21 | meeting by audio or video conference for a meeting held | ||||||
22 | pursuant to this Section shall be considered present at | ||||||
23 | the meeting for purposes of determining a quorum and | ||||||
24 | participating in all proceedings. | ||||||
25 | (8) In addition to the requirements for open meetings | ||||||
26 | under Section 2.06 of the Open Meetings Act, committees of |
| |||||||
| |||||||
1 | the board holding open meetings under this subsection (d) | ||||||
2 | must also keep a verbatim record of all their meetings in | ||||||
3 | the form of an audio or video recording. Verbatim records | ||||||
4 | made under this paragraph (8) shall be made available to | ||||||
5 | the public under, and are otherwise subject to, the | ||||||
6 | provisions of Section 2.06 of the Open Meetings Act. | ||||||
7 | (9) The board shall bear all costs associated with | ||||||
8 | compliance with this subsection (d). | ||||||
9 | (Source: P.A. 101-610, eff. 1-1-20.) |