96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB0581

 

Introduced 2/6/2009, by Rep. Angelo Saviano

 

SYNOPSIS AS INTRODUCED:
 
40 ILCS 5/17-137   from Ch. 108 1/2, par. 17-137
40 ILCS 5/17-138   from Ch. 108 1/2, par. 17-138
40 ILCS 5/17-139   from Ch. 108 1/2, par. 17-139
30 ILCS 805/8.33 new

    Amends the Chicago Teacher Article of the Illinois Pension Code. Makes various changes in provisions concerning the creation of the Board of Trustees of the Fund, Board membership, and Board elections, including changing the principal trustee to a principal/administrator trustee. Amends the State Mandates Act to require implementation without reimbursement.


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FISCAL NOTE ACT MAY APPLY
PENSION IMPACT NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

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1     AN ACT concerning 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 changing
5 Section 17-137, 17-138, and 17-139 as follows:
 
6     (40 ILCS 5/17-137)  (from Ch. 108 1/2, par. 17-137)
7     Sec. 17-137. Board created. There shall be elected a Board
8 of Trustees, herein also referred to as the "Board", to
9 administer and control the Fund created by this Article. The
10 Board shall consist of 12 members, 2 of whom shall be members
11 of the Board of Education, 6 of whom shall be teacher trustees
12 contributors who are not principals, one of whom shall be a
13 principal/administrator trustee contributor who is a
14 principal, and 3 of whom shall be pensioner trustees
15 pensioners, all to be chosen as provided in this Article.
16 (Source: P.A. 89-136, eff. 7-14-95; 90-566, eff. 1-2-98.)
 
17     (40 ILCS 5/17-138)  (from Ch. 108 1/2, par. 17-138)
18     Sec. 17-138. Board membership; terms of office.
19     (a) Board of Education appointees. At the first meeting of
20 the Board of Education in November of each year, the Board of
21 Education shall appoint one of its members to serve, while a
22 member of the Board of Education, on the Board of Trustees for

 

 

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1 a term of 2 years.
2     (b) Teacher trustees. During the first week of November On
3 the last school day of the 4th week of October of each year,
4 there shall be elected 2 contributors who are certified
5 teachers, but not principals or administrators shall be elected
6 members of the Board. The term of office for teacher trustees
7 shall be members of the Board from the teachers other than
8 principals, who shall hold office for terms of 3 years while
9 retaining their status as teachers other than principals, and
10 other members to fill unexpired terms. In the event that
11 schools are not in session on or during the week prior to the
12 last Friday in October, this election shall be held on the
13 Friday of the first subsequent full week of school. The
14 election shall be by secret ballot and shall be held in such
15 manner as the Board by bylaws or rules shall provide. Only
16 teachers who are not principals shall be eligible to vote in
17 the election.
18     (c) Principal/administrator trustee. During the first week
19 of November of 1995 and every third year thereafter, one
20 contributor who is a principal or administrator shall be
21 elected a member of the Board. The principal/administrator This
22 trustee shall hold office for a term of 3 years while retaining
23 his or her status as a principal or administrator. The election
24 shall be by mail ballot and only contributors who are
25 principals shall be eligible to vote. The election shall be
26 held in the manner provided by the Board by rule or bylaw.

 

 

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1     (d) Pensioner trustees. During the first week of November
2 of each odd-numbered year, 3 pensioners who are receiving a
3 service or disability pension under this Article there shall be
4 elected 3 members of the Board. The pensioner trustees from the
5 pensioners, who shall hold office for a term of 2 years while
6 retaining their status as pensioners. The election shall be by
7 mail ballot to all service and disability pensioners, and shall
8 be held in such manner as the Board by bylaws or rules shall
9 provide.
10     (e) Appointment of successors. All trustees, while members
11 of the Board of Education or while principals, teachers other
12 than principals, or pensioners, as the case may be, shall hold
13 their offices until their successors shall have been appointed
14 or elected and qualified by subscribing to the constitutional
15 oath of office at the immediately succeeding regular meeting of
16 the Board immediately succeeding the election.
17 (Source: P.A. 89-136, eff. 7-14-95; 90-566, eff. 1-2-98.)
 
18     (40 ILCS 5/17-139)  (from Ch. 108 1/2, par. 17-139)
19     Sec. 17-139. Board elections and vacancies.
20     (a) Form of election. The elections shall be by secret
21 ballot and shall be held in such manner as the Board's bylaws
22 or rules shall provide. Eligible voters may vote for as many
23 candidates for which there are positions available in their
24 elections. Voting shall be subject to the following conditions:
25         (1) Only current contributors who are not principals or

 

 

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1     administrators shall be eligible to vote in the teacher
2     trustee election.
3         (2) Only current contributors who are principals or
4     administrators shall be eligible to vote in the
5     principal/administrator trustee election.
6         (3) Only current service and disability pensioners
7     shall be eligible to vote in the pensioner trustee
8     election.
9     (b) Qualifications for trustee positions. Candidates for
10 trustee positions shall meet the following requirements:
11         (1) Candidates for teacher trustee must be current
12     contributors to the Fund, assigned on a regular certificate
13     for at least 10 years in the Chicago public schools or
14     charter schools, and nominated by a petition signed by not
15     less than 200 current contributors who are not principals
16     or administrators.
17         (2) Candidates for principal/administrator trustee
18     must be current contributors to the Fund, meet the
19     definition of administrator under Section 17-106.1 of this
20     Code, and be nominated by a petition signed by not less
21     than 25 current contributors who are principals or
22     administrators.
23         (3) Candidates for pensioner trustee must be current
24     recipients of a Fund service, reciprocal, or disability
25     pension and be nominated by a petition signed by not less
26     than 100 current recipients of a Fund pension.

 

 

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1     (c) Nomination period. The nomination period shall run from
2 May 1 of the year in which the respective elections are
3 scheduled to October 1 of that year.
4     (d) Form and submission of petitions and election of
5 candidates. Nomination petitions shall be provided to
6 candidates meeting the eligibility requirements by the Fund.
7 Petitions shall be filed with the Fund election coordinator on
8 or before October 1st of the year in which the respective
9 elections occur. If the nominations do not exceed the number of
10 candidates to be elected, then the nominated candidates shall
11 be declared elected by the canvassing board. If there are
12 sufficient candidates to conduct an election, then the election
13 shall be conducted in the manner that the Board, by bylaws or
14 rules, shall provide. The candidates receiving the highest
15 number of votes cast for their respective positions shall be
16 declared elected.
17     (1) Contributors other than principals election. Every
18 member who is not a principal or an administrator may vote at
19 the election for as many persons as there are trustees to be
20 elected by the contributors who are not principals or
21 administrators. The name of a candidate shall not be printed
22 upon the ballot unless he or she has been assigned on a regular
23 certificate for at least 10 years in the Chicago public schools
24 or charter schools and nominated by a petition signed by not
25 less than 200 contributors who are not principals or
26 administrators.

 

 

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1     Petitions shall be filed with the recording secretary of
2 the Fund on or after September 15 of each year and not later
3 than October 1st of that year. No more than one candidate may
4 be nominated by any one petition. If the nominations do not
5 exceed the number of candidates to be elected, the canvassing
6 board shall declare the nominated candidates elected.
7 Otherwise, candidates receiving the highest number of votes
8 cast for their respective terms shall be declared elected. The
9 location and number of polling places shall be designated by
10 the Board. The election shall be conducted by the teachers who
11 are not principals or administrators, and the judges of the
12 election shall be selected from the teachers who are not
13 principals or administrators, in such manner as the board in
14 its bylaws or rules provides.
15     Elections to fill vacancies on the Board shall be held at
16 the next annual election.
17     (2) Pensioners election. The name of a candidate shall not
18 be printed on the ballot unless he or she has been nominated by
19 a petition signed by not less than 100 pensioners of the Fund.
20 Petitions shall be filed with the recording secretary of the
21 Fund on or before October 1 of the odd-numbered year. If the
22 nominations do not exceed 3, the mailing of ballots shall be
23 eliminated and the nominated candidates shall be declared
24 elected. Otherwise, the 3 candidates receiving the highest
25 number of votes cast shall be declared elected. The mailing and
26 counting of the ballots shall be conducted by the office of the

 

 

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1 Fund with volunteer assistance from pensioners at the request
2 of the Board.
3     (3) Principals election. The name of a candidate shall not
4 be printed on the ballot unless he or she has been nominated by
5 a petition signed by at least 25 contributors who are
6 principals or administrators. Petitions shall be filed with the
7 recording secretary of the Fund on or before October 1 of the
8 election year. Every member who is a principal or an
9 administrator may vote at the election for one candidate who is
10 a contributor who is a principal. If only one eligible
11 candidate is nominated, the election shall not be held and the
12 nominated candidate shall be declared elected. Otherwise, the
13 candidate receiving the highest number of votes cast shall be
14 declared elected. The mailing and counting of the ballots shall
15 be conducted by the office of the Fund.
16     (e) (4) Vacancies. The Board may fill vacancies occurring
17 in the teacher trustee, principal/administrator trustee, or
18 pensioner trustee positions membership of the Board elected by
19 the principals, administrators, teachers other than principals
20 or administrators, or pensioners at any regular meeting of the
21 Board. The Board of Education may fill vacancies occurring in
22 the membership of the Board appointed by the Board of Education
23 appointed trustee positions at any regular meeting of the Board
24 of Education.
25 (Source: P.A. 94-514, eff. 8-10-05.)
 

 

 

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1     Section 90. The State Mandates Act is amended by adding
2 Section 8.33 as follows:
 
3     (30 ILCS 805/8.33 new)
4     Sec. 8.33. Exempt mandate. Notwithstanding Sections 6 and 8
5 of this Act, no reimbursement by the State is required for the
6 implementation of any mandate created by this amendatory Act of
7 the 96th General Assembly.