103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3927
 
Introduced 4/11/2024, by Sen. Cristina Castro
 
SYNOPSIS AS INTRODUCED:
 
40 ILCS 5/22B-117
40 ILCS 5/22C-117
     Amends the Police Officers' Pension Investment Fund and the Firefighters' Investment Fund Articles of the Illinois Pension Code. Provides that meetings of committees of the board may be conducted by audio or video conference, without the physical presence of a quorum of the members if the chairperson of the board determines that an in-person meeting would pose a risk to the health or safety of members of the board or the public and that conducting a meeting by an audio or video conference is in the best interest of the board and the public. Sets forth provisions concerning notice, public participation, voting, verbatim records, and costs.


LRB103 40222 RPS 72140 b

 
 
A BILL FOR
 
SB3927LRB103 40222 RPS 72140 b

1    AN ACT concerning public employee benefits.
 
2    Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:
 
4    Section 5. The Illinois Pension Code is amended by 
5changing 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 
9each meet at least quarterly and otherwise upon written 
10request of either the Chairperson or 3 other members. The 
11Chairperson shall preside over meetings of the board. The 
12executive director and personnel of the board shall prepare 
13agendas and materials and required postings for meetings of 
14the board.
15    (b) Six members of the board shall constitute a quorum.
16    (c) All actions taken by the transition board and the 
17permanent board shall require a vote of least 5 trustees, 
18except that the following shall require a vote of at least 6 
19trustees: the adoption of actuarial assumptions; the selection 
20of the chief investment officer, fiduciary counsel, or a 
21consultant as defined under Section 1-101.5 of this Code; the 
22adoption of rules for the conduct of election of trustees; and 
23the adoption of asset allocation policies and investment 
 
 
SB3927- 2 -LRB103 40222 RPS 72140 b

1policies. 
2    (d) Subject to the requirements of Section 2.06 of the 
3Open Meetings Act but notwithstanding any other provision of 
4law, meetings of committees of the board may be conducted by 
5audio or video conference, without the physical presence of a 
6quorum of the members, so long as the following conditions are 
7met:
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 
 
 
SB3927- 3 -LRB103 40222 RPS 72140 b

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 
 
 
SB3927- 4 -LRB103 40222 RPS 72140 b

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) 
 
 
SB3927- 5 -LRB103 40222 RPS 72140 b

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 
12each meet at least quarterly and otherwise upon written 
13request of either the Chairperson or 3 other members. The 
14Chairperson shall preside over meetings of the board. The 
15executive director and personnel of the board shall prepare 
16agendas and materials and required postings for meetings of 
17the board.
18    (b) Six members of the board shall constitute a quorum.
19    (c) All actions taken by the transition board and the 
20permanent board shall require a vote of least 5 trustees, 
21except that the following shall require a vote of at least 6 
22trustees: the adoption of actuarial assumptions; the selection 
23of the chief investment officer, fiduciary counsel, or a 
24consultant as defined under Section 1-101.5 of this Code; the 
25adoption of rules for the conduct of election of trustees; and 
 
 
SB3927- 6 -LRB103 40222 RPS 72140 b

1the adoption of asset allocation policies and investment 
2policies. 
3    (d) Subject to the requirements of Section 2.06 of the 
4Open Meetings Act but notwithstanding any other provision of 
5law, meetings of committees of the board may be conducted by 
6audio or video conference, without the physical presence of a 
7quorum of the members, so long as the following conditions are 
8met:
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 
 
 
SB3927- 7 -LRB103 40222 RPS 72140 b

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 
 
 
SB3927- 8 -LRB103 40222 RPS 72140 b

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 
 
 
SB3927- 9 -LRB103 40222 RPS 72140 b

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.)