HB4742 98TH GENERAL ASSEMBLY

LRB098 16364 RPM 51427 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4742

Introduced , by Rep. Donald L. Moffitt

SYNOPSIS AS INTRODUCED:

40 ILCS 5/1-109.3
40 ILCS 5/1-113.18

Amends the General Provisions Article of the Illinois Pension Code. Requires the trustees of downstate police and firefighter pension funds to complete the 32-hour initial ethics training in 2 years (rather than 1 year) and the 16-hour continuing ethics training every 2 years thereafter (rather than every year thereafter). Requires 8 hours of the 32-hour initial ethics training to be completed in the first year and to include training in trustee ethics and fiduciary duties and liabilities. After completion of the initial ethics training, requires 4 hours of continuing training in trustee ethics and fiduciary duties and liabilities each year. Requires specified portions of the continuing ethics training to be done in a classroom or comparable online setting. Authorizes the balance of the continuing ethics training to be earned through participation in board hearings or training opportunities associated with other organizations or employment that are applicable to the duties of a pension fund trustee. Authorizes the training required of trustees of downstate police and firefighter pension funds to be applied toward the 8-hour continuing ethics training requirement that applies to all trustees of pension and retirement systems in the State.

FISCAL NOTE ACT MAY APPLY

PENSION IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning public employee benefits.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Pension Code is amended by changing Sections 1-109.3 and 1-113.18 as follows:

(40 ILCS 5/1-109.3)

Sec. 1-109.3. Training requirement for pension trustees.

(a) All elected and appointed trustees under Article 3 and 4 of this Code must participate in a mandatory trustee certification training seminar that consists of at least 32 hours of initial trustee certification at a training facility that is accredited and affiliated with a State of Illinois certified college or university. This training must include without limitation all of the following:

(1) Duties and liabilities of a fiduciary under Article 1 of the Illinois Pension Code.

(2) Adjudication of pension claims.

(3) Basic accounting and actuarial training.

(4) Trustee ethics.

(5) The Illinois Open Meetings Act.

(6) The Illinois Freedom of Information Act.

The training required under this subsection (a) must be completed within the first 2 years after the year that a trustee takes office is elected or appointed under an Article 3 or 4 pension fund. At least 8 hours of training during the first year of training must cover trustee ethics and the fiduciary duties and liabilities of pension trustees. The elected and appointed trustees of an Article 3 or 4 pension fund who are police officers (as defined in Section 3-106 of this Code) or firefighters (as defined in Section 4-106 of this Code) or are employed by the municipality shall be permitted time away from their duties to attend such training without reduction of accrued leave or benefit time. Active or appointed trustees serving on August 13, 2009 (the effective date of Public Act 96-429) this amendatory Act of the 96th General Assembly shall not be required to attend the training required under this subsection (a).

(b) Upon completion of, and in In addition to, the initial trustee certification training required under subsection (a), all elected and appointed trustees under Article 3 and 4 of this Code, including trustees serving on August 13, 2009 (the effective date of Public Act 96-429) this amendatory Act of the 96th General Assembly, shall also complete at least an additional participate in a minimum of 16 hours of continuing trustee education during (i) the 2 years following the date by which the training required under subsection (a) must be completed and (ii) every 2 years thereafter. At least 4 hours of training during each of those years shall be devoted to trustee ethics and the fiduciary duties and liabilities of pension trustees. At least 8 hours of the biennial training required under this subsection (b) must be in the form of a live lecture or classroom training forum or, if taken online, must be in an interactive form with ascertainable verification of participation and learning by the trustee in the online training program. The balance of biennial trustee training required under this subsection (b) may take the form of participation in other training opportunities incident to the functioning of the pension board, such as participation in board hearings on the award of disability or other benefits or training opportunities associated with other organizations or employment that are applicable to the duties of a pension fund trustee each year after the first year that the trustee is elected or appointed.

(c) The training required under this Section shall be paid for by the pension fund.

(d) Any board member who does not timely complete the training required under this Section is not eligible to serve on the board of trustees of an Article 3 or 4 pension fund, unless the board member completes the missed training within 6 months after the date the member failed to complete the required training. In the event of a board member's failure to complete the required training, a successor shall be appointed or elected, as applicable, for the unexpired term. A successor who is elected under such circumstances must be elected at a special election called by the board and conducted in the same manner as a regular election under Article 3 or 4, as applicable.

(Source: P.A. 96-429, eff. 8-13-09.)

(40 ILCS 5/1-113.18)

Sec. 1-113.18. Ethics training. All board members of a retirement system, pension fund, or investment board created under this Code must attend ethics training of at least 8 hours per year. The training required under this Section shall include training on ethics, fiduciary duty, and investment issues and any other curriculum that the board of the retirement system, pension fund, or investment board establishes as being important for the administration of the retirement system, pension fund, or investment board. The Supreme Court of Illinois shall be responsible for ethics training and curriculum for judges designated by the Court to serve as members of a retirement system, pension fund, or investment board. Each board shall annually certify its members' compliance with this Section and submit an annual certification to the Division of Insurance of the Department of Financial and Professional Regulation. Judges shall annually certify compliance with the ethics training requirement and shall submit an annual certification to the Chief Justice of the Supreme Court of Illinois. Fulfillment of the requirements of Section 1-109.3 by elected and appointed trustees under Articles 3 and 4 of this Code constitutes compliance with the requirements of this Section.

(Source: P.A. 96-6, eff. 4-3-09.)