Rep. Raymond Poe
Filed: 3/15/2005
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1 | AMENDMENT TO HOUSE BILL 3258
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2 | AMENDMENT NO. ______. Amend House Bill 3258 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Pension Code is amended by | ||||||
5 | changing Sections
16-163 and 16-165 as follows:
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6 | (40 ILCS 5/16-163) (from Ch. 108 1/2, par. 16-163)
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7 | Sec. 16-163. Board created. A board of 11 members | ||||||
8 | constitutes the
a
board of trustees authorized to carry out the | ||||||
9 | provisions of this Article and is
responsible for the general | ||||||
10 | administration of the System. The board shall
be
is known as | ||||||
11 | the Board of Trustees of the Teachers' Retirement System
of the | ||||||
12 | State of Illinois. The board shall be
is composed of the
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13 | Superintendent of Education, ex officio, who shall be the | ||||||
14 | president of the
board; 4 persons, not members of the System, | ||||||
15 | to be appointed by the Governor,
who shall hold no elected | ||||||
16 | State office; 4 persons who, at the time of their
election, are
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17 | teachers , as defined in Section 16-106, elected by the
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18 | contributing members; and 2 annuitant members elected by the | ||||||
19 | annuitants of the
System, as provided in Section 16-165.
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20 | (Source: P.A. 90-511, eff. 8-22-97; 91-941, eff. 2-6-01.)
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21 | (40 ILCS 5/16-165) (from Ch. 108 1/2, par. 16-165)
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22 | Sec. 16-165. Board; elected members; vacancies.
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23 | (a) In each odd-numbered year, there shall be elected 2 |
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1 | teachers who
shall hold office for a term of 4 years beginning | ||||||
2 | July 15 next following their
election, in the manner provided | ||||||
3 | under this Section. An elected teacher
member of the board who | ||||||
4 | ceases to be a teacher as defined in Section 16-106 may
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5 | continue to serve on the board for the remainder of the term to | ||||||
6 | which he or she
was elected.
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7 | (b) One elected annuitant trustee shall first be elected in
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8 | 1987, and in every fourth year thereafter, for a
term of 4 | ||||||
9 | years beginning July 15 next following his or her election.
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10 | (c) The elected annuitant position created by this | ||||||
11 | amendatory Act of
the 91st General Assembly shall be filled as | ||||||
12 | soon as possible in the manner
provided for vacancies, for an | ||||||
13 | initial term ending July 15, 2001. One
elected annuitant | ||||||
14 | trustee shall be elected in 2001, and in every fourth year
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15 | thereafter, for a term of 4 years beginning July 15 next | ||||||
16 | following his or her
election.
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17 | (d) Elections shall be held on May 1, unless May 1 falls on | ||||||
18 | a Saturday
or Sunday, in which event the election shall be | ||||||
19 | conducted on the
following Monday. Candidates shall be | ||||||
20 | nominated by petitions in writing,
signed by not less than 500 | ||||||
21 | teachers or annuitants, as the case may be, with
their | ||||||
22 | addresses shown opposite their names. The petitions shall be | ||||||
23 | filed with
the board's Secretary not less than 90 nor more than | ||||||
24 | 120 days prior to May 1.
The Secretary shall determine their | ||||||
25 | validity not less than 75 days before the
election.
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26 | (e) If, for either teacher or annuitant members, the number | ||||||
27 | of qualified
nominees exceeds the number of available | ||||||
28 | positions,
the system shall prepare an appropriate ballot with | ||||||
29 | the names of the candidates
in alphabetical order and shall | ||||||
30 | mail one copy thereof, at least 10 days prior
to the election | ||||||
31 | day, to each teacher or annuitant of this system as of the
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32 | latest date practicable, at the latest known address, together | ||||||
33 | with a return
envelope addressed to the board and also a | ||||||
34 | smaller envelope marked "For Ballot
Only", and a slip for |
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1 | signature. Each voter, upon marking his ballot with a
cross | ||||||
2 | mark in the square before the name of the person voted for, | ||||||
3 | shall place
the ballot in the envelope marked "For Ballot | ||||||
4 | Only", seal the envelope, write
on the slip provided therefor | ||||||
5 | his signature and address, enclose both the slip
and sealed | ||||||
6 | envelope containing the marked ballot in the return envelope
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7 | addressed to the board, and mail it. Whether a person is | ||||||
8 | eligible to vote for
the teacher nominees or the annuitant | ||||||
9 | nominees shall be
determined from system payroll records as of | ||||||
10 | March 1.
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11 | Upon receipt of the return envelopes, the system shall open | ||||||
12 | them and set
aside unopened the envelopes marked "For Ballot | ||||||
13 | Only". On election day ballots
shall be publicly opened and | ||||||
14 | counted by the trustees or canvassers appointed
therefor. Each | ||||||
15 | vote cast for a candidate represents one vote only. No ballot
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16 | arriving after 10 o'clock a.m. on election day shall be | ||||||
17 | counted. The 2 teacher
candidates and the annuitant candidate | ||||||
18 | receiving the highest number of votes
shall be elected. The | ||||||
19 | board shall declare the results of the election, keep a
record | ||||||
20 | thereof, and notify the candidates of the results thereof | ||||||
21 | within 30 days
after the election.
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22 | If, for either class of members, there are only as many
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23 | qualified nominees as there are positions available, the | ||||||
24 | balloting as described
in this
Section shall not be conducted | ||||||
25 | for those nominees,
and the board shall declare them duly | ||||||
26 | elected.
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27 | (f) A vacancy occurring in the elective membership of
on
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28 | the board
shall be filled for the unexpired term by the board | ||||||
29 | with a person qualified
for the vacant position , selected by | ||||||
30 | the remaining elected members of the
board .
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31 | (Source: P.A. 91-941, eff. 2-6-01.)
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32 | Section 99. Effective date. This Act takes effect upon | ||||||
33 | becoming law.".
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