Sen. Robert F. Martwick

Filed: 3/30/2023

 

 


 

 


 
10300SB2100sam002LRB103 28494 RPS 60271 a

1
AMENDMENT TO SENATE BILL 2100

2    AMENDMENT NO. ______. Amend Senate Bill 2100, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Illinois Pension Code is amended by
6changing Sections 22B-115 and 22B-116 as follows:
 
7    (40 ILCS 5/22B-115)
8    Sec. 22B-115. Board of Trustees of the Fund.
9    (a) No later than one month after the effective date of
10this amendatory Act of the 101st General Assembly or as soon
11thereafter as may be practicable, the Governor shall appoint,
12by and with the advice and consent of the Senate, a transition
13board of trustees consisting of 9 members as follows:
14        (1) three members representing municipalities who are
15    mayors, presidents, chief executive officers, chief
16    financial officers, or other officers, executives, or

 

 

10300SB2100sam002- 2 -LRB103 28494 RPS 60271 a

1    department heads of municipalities and appointed from
2    among candidates recommended by the Illinois Municipal
3    League;
4        (2) three members representing participants and who
5    are participants, 2 of whom shall be appointed from among
6    candidates recommended by a statewide fraternal
7    organization representing more than 20,000 active and
8    retired police officers in the State of Illinois, and one
9    of whom shall be appointed from among candidates
10    recommended by a benevolent association representing sworn
11    police officers in the State of Illinois;
12        (3) two members representing beneficiaries and who are
13    beneficiaries, one of whom shall be appointed from among
14    candidates recommended by a statewide fraternal
15    organization representing more than 20,000 active and
16    retired police officers in the State of Illinois, and one
17    of whom shall be appointed from among candidates
18    recommended by a benevolent association representing sworn
19    police officers in the State of Illinois; and
20        (4) one member who is a representative of the Illinois
21    Municipal League.
22    The transition board members shall serve until the initial
23permanent board members are elected and qualified.
24    The transition board of trustees shall select the
25chairperson of the transition board of trustees from among the
26trustees for the duration of the transition board's tenure.

 

 

10300SB2100sam002- 3 -LRB103 28494 RPS 60271 a

1    (b) The permanent board of trustees shall consist of 9
2members as follows:
3        (1) Three members who are mayors, presidents, chief
4    executive officers, chief financial officers, or other
5    officers, executives, or department heads of
6    municipalities that have participating pension funds and
7    are elected by the mayors and presidents of municipalities
8    that have participating pension funds.
9        (2) Three members who are participants of
10    participating pension funds and are elected by the
11    participants of participating pension funds.
12        (3) Two members who are beneficiaries of participating
13    pension funds and are elected by the beneficiaries of
14    participating pension funds.
15        (4) One member recommended by the Illinois Municipal
16    League who shall be appointed by the Governor with the
17    advice and consent of the Senate.
18    The permanent board of trustees shall select the
19chairperson of the permanent board of trustees from among the
20trustees for a term of 2 years. The holder of the office of
21chairperson shall alternate between a person elected or
22appointed under item (1) or (4) of this subsection (b) and a
23person elected under item (2) or (3) of this subsection (b).
24    (c) Each trustee shall qualify by taking an oath of office
25before the Secretary of State or the legal counsel of the fund
26stating that he or she will diligently and honestly administer

 

 

10300SB2100sam002- 4 -LRB103 28494 RPS 60271 a

1the affairs of the board and will not violate or knowingly
2permit the violation of any provision of this Article.
3    (d) Trustees shall receive no salary for service on the
4board but shall be reimbursed for travel expenses incurred
5while on business for the board according to Article 1 of this
6Code and rules adopted by the board the standards in effect for
7members of the Commission on Government Forecasting and
8Accountability.
9    A municipality employing a police officer who is an
10elected or appointed trustee of the board must allow
11reasonable time off with compensation for the police officer
12to conduct official business related to his or her position on
13the board, including time for travel. The board shall notify
14the municipality in advance of the dates, times, and locations
15of this official business. The Fund shall timely reimburse the
16municipality for the reasonable costs incurred that are due to
17the police officer's absence.
18    (e) No trustee shall have any interest in any brokerage
19fee, commission, or other profit or gain arising out of any
20investment directed by the board. This subsection does not
21preclude ownership by any member of any minority interest in
22any common stock or any corporate obligation in which an
23investment is directed by the board.
24    (f) Notwithstanding any provision or interpretation of law
25to the contrary, any member of the transition board may also be
26elected or appointed as a member of the permanent board.

 

 

10300SB2100sam002- 5 -LRB103 28494 RPS 60271 a

1    Notwithstanding any provision or interpretation of law to
2the contrary, any trustee of a fund established under Article
33 of this Code may also be appointed as a member of the
4transition board or elected or appointed as a member of the
5permanent board.
6    The restriction in Section 3.1 of the Lobbyist
7Registration Act shall not apply to a member of the transition
8board appointed pursuant to item (4) of subsection (a) or to a
9member of the permanent board appointed pursuant to item (4)
10of subsection (b).
11(Source: P.A. 101-610, eff. 1-1-20.)
 
12    (40 ILCS 5/22B-116)
13    Sec. 22B-116. Conduct and administration of elections;
14terms of office.
15    (a) For the election of the permanent trustees, the
16transition board shall administer the initial elections and
17the permanent board shall administer all subsequent elections.
18Each board shall develop and implement such procedures as it
19determines to be appropriate for the conduct of such
20elections. For the purposes of obtaining information necessary
21to conduct elections under this Section, participating pension
22funds shall cooperate with the Fund.
23    (b) All nominations for election shall be by petition.
24Each petition for a trustee shall be executed as follows:
25        (1) for trustees to be elected by the mayors and

 

 

10300SB2100sam002- 6 -LRB103 28494 RPS 60271 a

1    presidents of municipalities that have participating
2    pension funds, by at least 20 such mayors and presidents;
3        (2) for trustees to be elected by participants, by at
4    least 400 participants; and
5        (3) for trustees to be elected by beneficiaries, by at
6    least 100 beneficiaries.
7    (c) A separate ballot shall be used for each class of
8trustee. The board shall prepare and send ballots and ballot
9envelopes to the participants and beneficiaries eligible to
10vote in accordance with rules adopted by the board. The
11ballots shall contain the names of all candidates in
12alphabetical order. The ballot envelope shall have on the
13outside a form of certificate stating that the person voting
14the ballot is a participant or beneficiary entitled to vote.
15    Participants and beneficiaries, upon receipt of the
16ballot, shall vote the ballot and place it in the ballot
17envelope, seal the envelope, execute the certificate thereon,
18and return the ballot to the Fund.
19    The board shall set a final date for ballot return, and
20ballots received prior to that date in a ballot envelope with a
21properly executed certificate and properly voted shall be
22valid ballots.
23    The board shall set a day for counting the ballots and name
24judges and clerks of election to conduct the count of ballots
25and shall make any rules necessary for the conduct of the
26count.

 

 

10300SB2100sam002- 7 -LRB103 28494 RPS 60271 a

1    The candidate or candidates receiving the highest number
2of votes for each class of trustee shall be elected. In the
3case of a tie vote, the winner shall be determined in
4accordance with procedures developed by the Department of
5Insurance.
6    In lieu of conducting elections via mail balloting as
7described in this Section, the board may instead adopt rules
8to provide for elections to be carried out solely via Internet
9balloting or phone balloting. Nothing in this Section
10prohibits the Fund from contracting with a third party to
11administer the election in accordance with this Section.
12    (d) At any election, voting shall be as follows:
13        (1) Each person authorized to vote for an elected
14    trustee may cast one vote for each related position for
15    which such person is entitled to vote and may cast such
16    vote for any candidate or candidates on the ballot for
17    such trustee position.
18        (2) If only one candidate for each position is
19    properly nominated in petitions received, that candidate
20    shall be deemed the winner and no election under this
21    Section shall be required.
22        (3) The results shall be entered in the minutes of the
23    first meeting of the board following the tally of votes.
24    (e) The initial election for permanent trustees shall be
25held and the permanent board shall be seated no later than 12
26months after the effective date of this amendatory Act of the

 

 

10300SB2100sam002- 8 -LRB103 28494 RPS 60271 a

1101st General Assembly. Each subsequent election shall be held
2no later than 30 days prior to the end of the term of the
3incumbent trustees.
4    (f) The elected trustees shall each serve for terms of 4
5years commencing on the first business day of the first month
6after election; except that the terms of office of the
7initially elected trustees shall be as follows:
8        (1) one trustee elected pursuant to item (1) of
9    subsection (b) of Section 22B-115 shall serve for a term
10    of 2 years and 2 trustees elected pursuant to item (1) of
11    subsection (b) of Section 22B-115 shall serve for a term
12    of 4 years;
13        (2) two trustees elected pursuant to item (2) of
14    subsection (b) of Section 22B-115 shall serve for a term
15    of 2 years and one trustee elected pursuant to item (2) of
16    subsection (b) of Section 22B-115 shall serve for a term
17    of 4 years; and
18        (3) one trustee elected pursuant to item (3) of
19    subsection (b) of Section 22B-115 shall serve for a term
20    of 2 years and one trustee elected pursuant to item (3) of
21    subsection (b) of Section 22B-115 shall serve for a term
22    of 4 years.
23    (g) The trustee appointed pursuant to item (4) of
24subsection (b) of Section 22B-115 shall serve for a term of 2
25years commencing on the first business day of the first month
26after the election of the elected trustees.

 

 

10300SB2100sam002- 9 -LRB103 28494 RPS 60271 a

1    (h) A member of the board who was elected pursuant to item
2(1) of subsection (b) of Section 22B-115 who ceases to serve as
3a mayor, president, chief executive officer, chief financial
4officer, or other officer, executive, or department head of a
5municipality that has a participating pension fund shall not
6be eligible to serve as a member of the board and his or her
7position shall be deemed vacant. A member of the board who was
8elected by the participants of participating pension funds who
9ceases to be a participant may serve the remainder of his or
10her elected term.
11    For a vacancy of a trustee under item (1) of subsection (b)
12of Section 22B-115, the vacancy shall be filled by appointment
13by the board for the unexpired term from a list of candidates
14recommended by the trustees under item (1) of subsection (b)
15of Section 22B-115. The list of candidates shall be compiled
16and presented to the board by the executive director of the
17Fund.
18    For a vacancy of a trustee under item (2) of subsection (b)
19of Section 22B-115, the vacancy shall be filled by appointment
20by the board for the unexpired term from a list of candidates
21recommended by the trustees under item (2) of subsection (b)
22of Section 22B-115. The list of candidates shall be compiled
23and presented to the board by the executive director of the
24Fund.
25    For a vacancy of a trustee under item (3) of subsection (b)
26of Section 22B-115, the vacancy shall be filled by appointment

 

 

10300SB2100sam002- 10 -LRB103 28494 RPS 60271 a

1by the board for the unexpired term from a list of candidates
2recommended by the trustees under item (3) of subsection (b)
3of Section 22B-115. The list of candidates shall be compiled
4and presented to the board by the executive director of the
5Fund.
6    A trustee appointed to fill the vacancy of an elected
7trustee shall serve until a successor is elected. Special
8elections to fill the remainder of an unexpired term vacated
9by an elected trustee shall be held concurrently with and in
10the same manner as the next regular election for an elected
11trustee position.
12    For a vacancy of an elected trustee occurring with an
13unexpired term of 6 months or more, an election shall be
14conducted for the vacancy in accordance with Section 22B-115
15and this Section.
16    For a vacancy of an elected trustee occurring with an
17unexpired term of less than 6 months, the vacancy shall be
18filled by appointment by the board for the unexpired term as
19follows: a vacancy of a member elected pursuant to item (1) of
20subsection (b) of Section 22B-115 shall be filled by a mayor,
21president, chief executive officer, chief financial officer,
22or other officer, executive, or department head of a
23municipality that has a participating pension fund; a vacancy
24of a member elected pursuant to item (2) of subsection (b) of
25Section 22B-115 shall be filled by a participant of a
26participating pension fund; and a vacancy of a member elected

 

 

10300SB2100sam002- 11 -LRB103 28494 RPS 60271 a

1under item (3) of subsection (b) of Section 22B-115 shall be
2filled by a beneficiary of a participating pension fund.
3    Vacancies among the appointed trustees shall be filled for
4unexpired terms by appointment in like manner as for the
5original appointments.
6(Source: P.A. 101-610, eff. 1-1-20.)
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.".