093_HB1266

 
                                     LRB093 07116 EFG 07269 b

 1        AN ACT in relation to 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 Section 16-165 as follows:

 6        (40 ILCS 5/16-165) (from Ch. 108 1/2, par. 16-165)
 7        Sec. 16-165. Board; elected members; vacancies.
 8        (a)  In each odd-numbered year, there shall be elected  2
 9    teachers  who  shall  hold  office  for  a  term  of  4 years
10    beginning July 15  next  following  their  election,  in  the
11    manner provided under this Section.
12        (b)  One elected annuitant trustee shall first be elected
13    in 1987, and in every fourth year thereafter, for a term of 4
14    years beginning July 15 next following his or her election.
15        (c)  The  elected  annuitant  position  created  by  this
16    amendatory  Act  of the 91st General Assembly shall be filled
17    as soon as possible in the manner provided for vacancies, for
18    an initial term ending July 15, 2001.  One elected  annuitant
19    trustee  shall  be  elected in 2001, and in every fourth year
20    thereafter, for a term of 4  years  beginning  July  15  next
21    following his or her election.
22        (d)  Elections shall be held on May 1, unless May 1 falls
23    on a Saturday or Sunday, in which event the election shall be
24    conducted  on  the  following  Monday.   Candidates  shall be
25    nominated by petitions in writing, signed by  not  less  than
26    500  teachers  or  annuitants, as the case may be, with their
27    addresses shown opposite their names.  The petitions shall be
28    filed with the board's Secretary not less than  90  nor  more
29    than  120 days prior to May 1.  The Secretary shall determine
30    their validity not less than 75 days before the election.
31        (d-5)  Beginning July 15, 2004, not more than 3 of the  4
 
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 1    active  teachers  elected  to  the  Board  of Trustees may be
 2    active members of the same  statewide  teacher  organization.
 3    For   the   purposes  of  this  Section,  "statewide  teacher
 4    organization" means  a  teacher  organization  (1)  in  which
 5    membership  is  not  restricted to persons living or teaching
 6    within a limited geographical area of this State and (2) that
 7    has  among  its  membership  at  least  10,000  persons   who
 8    participate in this System.
 9        Candidates  for the active teacher positions on the Board
10    shall indicate, in their nomination  petitions  and  campaign
11    materials,  which  (if  any)  statewide teacher organizations
12    they have belonged  to  during  the  5  years  preceding  the
13    election.
14        (e)  If,  for  either  teacher  or annuitant members, the
15    number of qualified nominees exceeds the number of  available
16    positions,  the  System  shall  prepare an appropriate ballot
17    with the names of the candidates in  alphabetical  order  and
18    shall  mail  one  copy thereof, at least 10 days prior to the
19    election day, to each teacher or annuitant of this System  as
20    of  the latest date practicable, at the latest known address,
21    together with a return envelope addressed to  the  board  and
22    also  a smaller envelope marked "For Ballot Only", and a slip
23    for signature.  Each voter, upon marking his  ballot  with  a
24    cross  mark in the square before the name of the person voted
25    for, shall place the  ballot  in  the  envelope  marked  "For
26    Ballot  Only",  seal the envelope, write on the slip provided
27    therefor his signature and address, enclose both the slip and
28    sealed envelope containing the marked ballot  in  the  return
29    envelope  addressed  to  the  board,  and mail it.  Whether a
30    person is eligible to vote for the teacher  nominees  or  the
31    annuitant  nominees  shall  be determined from System payroll
32    records as of March 1.
33        Upon receipt of the return envelopes,  the  System  shall
34    open  them  and  set aside unopened the envelopes marked "For
 
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 1    Ballot Only".  On election  day  ballots  shall  be  publicly
 2    opened  and  counted  by the trustees or canvassers appointed
 3    therefor.  Each vote cast for a candidate represents one vote
 4    only.  No ballot arriving after 10 o'clock a.m.  on  election
 5    day shall be counted.
 6        (e-3)  The   2   teacher  candidates  and  the  annuitant
 7    candidate receiving the highest  number  of  votes  shall  be
 8    declared  elected, except that beginning with the election in
 9    2004, if the  teacher  candidate  who  receives  the  highest
10    number  of  votes and the 2 incumbent teacher members who are
11    not up for election belong  to  the  same  statewide  teacher
12    organization,   then  the  second  teacher  candidate  to  be
13    declared elected shall be the candidate not a member of  that
14    statewide  teacher  organization  who  receives  the  highest
15    number of votes, unless there is no such candidate.
16        The board shall declare the results of the election, keep
17    a  record  thereof,  and notify the candidates of the results
18    thereof within 30 days after the election.
19        (e-6)  If, for either class of members, there are only as
20    many qualified nominees as there are positions available, the
21    balloting as described in this Section shall not be conducted
22    for those nominees, and the board  shall  declare  them  duly
23    elected.
24        (f)  A  vacancy  occurring  in the elective membership on
25    the board shall be filled for the unexpired term by the board
26    with a person qualified for the vacant position.
27    (Source: P.A. 91-941, eff. 2-6-01.)

28        Section 99. Effective date.  This Act takes  effect  upon
29    becoming law.