093_HB2140
LRB093 07366 LRD 07528 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 Sections 9-185, 9-186, and 9-187 as follows:
6 (40 ILCS 5/9-185) (from Ch. 108 1/2, par. 9-185)
7 Sec. 9-185. Board created.
8 (a) A board of 9 (8 members beginning December 1, 2003)
9 members shall constitute the board of trustees authorized to
10 carry out the provisions of this Article. The board of
11 trustees shall be known as "The Retirement Board of the
12 County Employees' Annuity and Benefit Fund of .... County".
13 The board shall consist of 2 members appointed and 7 (6
14 members beginning December 1, 2003) members elected as
15 hereinafter prescribed.
16 (b) The appointed members shall be appointed as follows:
17 One member shall be appointed by the comptroller of such
18 county, who may be the comptroller or some person chosen by
19 him from among employees of the county, who are versed in the
20 affairs of the comptroller's office; and one member shall be
21 appointed by the treasurer of such county, who may be the
22 treasurer or some person chosen by him from among employees
23 of the County who are versed in the affairs of the
24 treasurer's office.
25 The member appointed by the comptroller shall hold office
26 for a term ending on December 1st of the first year following
27 the year of appointment. The member appointed by the county
28 treasurer shall hold office for a term ending on December 1st
29 of the second year following the year of appointment.
30 Thereafter, each appointed member shall be appointed by
31 the officer that appointed his predecessor for a term of 2
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1 years.
2 (c) Three county employee members of the board shall be
3 elected as follows: within 30 days from and after the date
4 upon which this Article comes into effect in the county, the
5 clerk of the county shall arrange for and hold an election.
6 One employee shall be elected for a term ending on the first
7 day in the month of December of the first year next following
8 the effective date; one for a term ending on December 1st of
9 the following year; and one for a term ending December 1st of
10 the second following year.
11 (d) Beginning December 1, 1988, and every 3 years
12 thereafter, an annuitant member of the board shall be elected
13 as follows: the board shall arrange for and hold an election
14 in which only those participants who are currently receiving
15 retirement benefits under this Article shall be eligible to
16 vote and be elected. Each such member shall be elected to a
17 term ending on the first day in the month of December of the
18 third following year.
19 (d-1) Beginning December 1, 2001, and every 3 years
20 thereafter, an annuitant member of the board shall be elected
21 as follows: the board shall arrange for and hold an election
22 in which only those participants who are currently receiving
23 retirement benefits under this Article shall be eligible to
24 vote and be elected. Each such member shall be elected to a
25 term ending on the first day in the month of December of the
26 third following year. Until December 1, 2001, the position
27 created under this subsection (d-1) may be filled by the
28 board as in the case of a vacancy.
29 (e) From Beginning December 1, 1988 until December 1,
30 2003, if a Forest Preserve District Employees' Annuity and
31 Benefit Fund shall be in force in such county and the board
32 of this fund is charged with administering the affairs of
33 such annuity and benefit fund for employees of such forest
34 preserve district, a forest preserve district member of the
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1 board shall be elected as of December 1, 1988, and every 3
2 years thereafter as follows: the board shall arrange for and
3 hold an election in which only those employees of such forest
4 preserve district who are contributors to the annuity and
5 benefit fund for employees of such forest preserve district
6 shall be eligible to vote and be elected. Each such member
7 shall be elected to a term ending on the first day in the
8 month of December of the third following year. After the
9 expiration of the term of any forest preserve district member
10 ending December 1, 2003, no replacement forest preserve
11 district member shall be elected.
12 (f) Beginning December 1, 2001, and every 3 years
13 thereafter, if a Forest Preserve District Employees' Annuity
14 and Benefit Fund is in force in the county and the board of
15 this Fund is charged with administering the affairs of that
16 annuity and benefit fund for employees of the forest preserve
17 district, a forest preserve district annuitant member of the
18 board shall be elected as follows: the board shall arrange
19 for and hold an election in which only those participants who
20 are currently receiving retirement benefits under Article 10
21 shall be eligible to vote and be elected. Each such member
22 shall be elected to a term ending on the first day in the
23 month of December of the third following year. Until
24 December 1, 2001, the position created under this subsection
25 (f) may be filled by the board as in the case of a vacancy.
26 (Source: P.A. 92-66, eff. 7-12-01.)
27 (40 ILCS 5/9-186) (from Ch. 108 1/2, par. 9-186)
28 Sec. 9-186. Board elections. In each year, the board
29 shall conduct a regular election, under rules adopted by it,
30 at least 30 days prior to the expiration of the term of each
31 elected employee or annuitant member.
32 To be eligible to be a county employee member, a person
33 must be an employee of the county and must have at least 5
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1 years of service credit in that capacity by December 1 of the
2 year of election. To be eligible to be a forest preserve
3 district member, a person must be an employee of the forest
4 preserve district and must have at least 5 years of service
5 credit in that capacity by December 1 of the year of
6 election.
7 Only those persons who are employees of the county shall
8 be eligible to vote for the 3 county employee members, only
9 those persons who are employees of the forest preserve
10 district shall be eligible to vote for the forest preserve
11 district member, only those persons who are currently
12 receiving retirement benefits under this Article shall be
13 eligible to vote for the annuitant members elected under
14 subsections (d) and (d-1) of Section 9-185, and only those
15 persons who are currently receiving retirement benefits under
16 Article 10 shall be eligible to vote for the forest preserve
17 district annuitant member elected under subsection (f) of
18 Section 9-185. The ballot shall be of secret character.
19 Except as otherwise provided in Section 9-187, each
20 member of the board shall hold office until his successor is
21 chosen and has qualified.
22 Any person elected or appointed a member of the board
23 shall qualify for the office by taking an oath of office to
24 be administered by the county clerk or a person designated by
25 him. A copy thereof shall be kept in the office of the
26 county clerk. Any appointment or notice of election shall be
27 in writing and the written instrument shall be filed with the
28 oath.
29 (Source: P.A. 92-66, eff. 7-12-01.)
30 (40 ILCS 5/9-187) (from Ch. 108 1/2, par. 9-187)
31 Sec. 9-187. Board vacancy.
32 (a) A vacancy in the membership of the board shall be
33 filled as follows:
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1 If the vacancy is that of an appointive member, the
2 official who appointed him shall appoint a person to serve
3 for the unexpired term.
4 If the vacancy is that of a county employee member, the
5 remaining members of the board shall appoint a successor from
6 among the employees of the county, who shall serve during the
7 remainder of the unexpired term.
8 If the vacancy is that of a forest preserve district
9 member, the remaining members of the board shall appoint a
10 successor from among the employees of the forest preserve
11 district, who shall serve during the remainder of the
12 unexpired term.
13 If the vacancy is that of an annuitant member other than
14 a forest preserve district annuitant member, the remaining
15 members of the board shall appoint a successor from among
16 those persons who are currently receiving retirement benefits
17 under this Article.
18 If the vacancy is that of a forest preserve district
19 annuitant member, the remaining members of the board shall
20 appoint a successor from among those persons who are
21 currently receiving retirement benefits under Article 10.
22 (b) Any county or forest preserve district member who
23 withdraws from service shall automatically cease to be a
24 member of the board. Any annuitant member (other than a
25 forest preserve district annuitant member) whose retirement
26 benefits cease under this Article, and any forest preserve
27 district annuitant member whose retirement benefits cease
28 under Article 10, shall also automatically cease to be a
29 member of the Board.
30 (Source: P.A. 92-66, eff. 7-12-01.)
31 Section 99. Effective date. This Act takes effect upon
32 becoming law.