Full Text of HB2767 98th General Assembly
HB2767enr 98TH GENERAL ASSEMBLY |
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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 | | Sections 14-103.10, 17-137, 17-138, and 17-139 as follows:
| 6 | | (40 ILCS 5/14-103.10) (from Ch. 108 1/2, par. 14-103.10)
| 7 | | Sec. 14-103.10. Compensation.
| 8 | | (a) For periods of service prior to January 1, 1978, the | 9 | | full rate of salary
or wages payable to an employee for | 10 | | personal services performed if he worked
the full normal | 11 | | working period for his position, subject to the following
| 12 | | maximum amounts: (1) prior to July 1, 1951, $400 per month or | 13 | | $4,800 per year;
(2) between July 1, 1951 and June 30, 1957 | 14 | | inclusive, $625 per month or $7,500
per year; (3) beginning | 15 | | July 1, 1957, no limitation.
| 16 | | In the case of service of an employee in a position | 17 | | involving
part-time employment, compensation shall be | 18 | | determined according to the
employees' earnings record.
| 19 | | (b) For periods of service on and after January 1, 1978, | 20 | | all
remuneration for personal services performed defined as | 21 | | "wages" under
the Social Security Enabling Act, including that | 22 | | part of such
remuneration which is in excess of any maximum | 23 | | limitation provided in
such Act, and including any benefits |
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| 1 | | received by an employee under a sick
pay plan in effect before | 2 | | January 1, 1981, but excluding lump sum salary
payments:
| 3 | | (1) for vacation,
| 4 | | (2) for accumulated unused sick leave,
| 5 | | (3) upon discharge or dismissal,
| 6 | | (4) for approved holidays.
| 7 | | (c) For periods of service on or after December 16, 1978, | 8 | | compensation
also includes any benefits, other than lump sum | 9 | | salary payments made at
termination of employment, which an | 10 | | employee receives or is eligible to
receive under a sick pay | 11 | | plan authorized by law.
| 12 | | (d) For periods of service after September 30, 1985, | 13 | | compensation also
includes any remuneration for personal | 14 | | services not included as "wages"
under the Social Security | 15 | | Enabling Act, which is deducted for purposes of
participation | 16 | | in a program established pursuant to Section 125 of the
| 17 | | Internal Revenue Code or its successor laws.
| 18 | | (e) For members for which Section 1-160 applies for periods | 19 | | of service on and after January 1, 2011, all remuneration for | 20 | | personal services performed defined as "wages" under the Social | 21 | | Security Enabling Act, excluding remuneration that is in excess | 22 | | of the annual earnings, salary, or wages of a member or | 23 | | participant, as provided in subsection (b-5) of Section 1-160, | 24 | | but including any benefits received by an employee under a sick | 25 | | pay plan in effect before January 1, 1981.
Compensation shall | 26 | | exclude lump sum salary payments: |
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| 1 | | (1) for vacation; | 2 | | (2) for accumulated unused sick leave; | 3 | | (3) upon discharge or dismissal; and | 4 | | (4) for approved holidays. | 5 | | (f) Notwithstanding the other provisions of this Section, | 6 | | for service on or after July 1, 2013, "compensation"
does not | 7 | | include any stipend payable to an employee for service on a | 8 | | board or commission. | 9 | | (Source: P.A. 96-1490, eff. 1-1-11.)
| 10 | | (40 ILCS 5/17-137) (from Ch. 108 1/2, par. 17-137)
| 11 | | Sec. 17-137. Board created. There shall be elected a Board | 12 | | of Trustees,
herein also referred to as the "Board", to | 13 | | administer and
control the Fund
created by this Article. The | 14 | | Board shall consist of 12
members, 2 of whom shall be members | 15 | | of the Board of Education, 6
of whom shall be contributors who | 16 | | are not administrators principals , one of whom shall be a
| 17 | | contributor who is an administrator a principal , and 3 of whom | 18 | | shall be pensioners,
all to be chosen as provided in this | 19 | | Article.
| 20 | | (Source: P.A. 89-136, eff. 7-14-95; 90-566, eff. 1-2-98.)
| 21 | | (40 ILCS 5/17-138) (from Ch. 108 1/2, par. 17-138)
| 22 | | Sec. 17-138. Board membership. At the first meeting of the | 23 | | Board of
Education in November of each year, the Board of | 24 | | Education
shall appoint one of its members to serve, while a |
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| 1 | | member of the Board of
Education, on the Board of Trustees for | 2 | | a term of 2 years.
| 3 | | During the first week of November, On the last school day | 4 | | of the 4th week of October of each year there
shall be elected | 5 | | 2 members of the Board from the teachers other
than | 6 | | administrators principals , who shall hold office for terms of 3 | 7 | | years , provided the trustee retains his or her
while retaining | 8 | | their status as a teacher teachers other than an administrator | 9 | | principals , and other
members to fill any unexpired terms. In | 10 | | the event that schools are not in session
on or during the week | 11 | | prior to the last Friday in October, this election shall
be | 12 | | held on the Friday of the first subsequent full week of school. | 13 | | The
election shall be by secret ballot conducted in person or | 14 | | by secure electronic ballot, and shall be held in such manner | 15 | | as the
Board by bylaws or rules shall provide. Only teachers | 16 | | who are
not administrators principals shall be eligible to vote | 17 | | in the election.
| 18 | | During the first week of November of 1995 and every third | 19 | | year thereafter,
one contributor who is an administrator a | 20 | | principal shall be elected a member of the Board. This trustee | 21 | | shall hold office for a term of 3 years , provided the trustee | 22 | | retains while
retaining
his or her status as an administrator a | 23 | | principal . The election shall be by mail ballot or by secure | 24 | | electronic ballot, and
only contributors who are | 25 | | administrators principals shall be eligible to vote. The | 26 | | election
shall be held in the manner provided by the Board by |
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| 1 | | rule or
bylaw.
| 2 | | During the first week of November of each odd-numbered year | 3 | | there shall
be elected 3 members of the Board from the | 4 | | pensioners,
who shall hold office for a term of 2 years while | 5 | | retaining their status
as pensioners. The election shall be by | 6 | | mail ballot or secure electronic ballot to all service and
| 7 | | disability pensioners, and shall be held in such manner as the | 8 | | Board by bylaws or rules shall provide.
| 9 | | All trustees, while members of the Board of Education or | 10 | | while administrators
principals , teachers other than | 11 | | administrators principals , or pensioners, as the
case may be, | 12 | | shall hold their offices
until their successors shall have been | 13 | | appointed or elected and qualified by
subscribing to the | 14 | | constitutional oath of office at the immediately succeeding
| 15 | | regular meeting of the Board.
| 16 | | (Source: P.A. 89-136, eff. 7-14-95; 90-566, eff. 1-2-98.)
| 17 | | (40 ILCS 5/17-139) (from Ch. 108 1/2, par. 17-139)
| 18 | | Sec. 17-139. Board elections and vacancies.
| 19 | | (1) Contributors other than administrators principals | 20 | | election. Every
member who is not a principal or an | 21 | | administrator may vote at the election for as many persons
as | 22 | | there are trustees to be elected by the contributors who are | 23 | | not principals or administrators , provided that the | 24 | | contributor obtained that voter eligibility status on or before | 25 | | October 1 of the election year . The name of a candidate shall |
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| 1 | | not be placed on printed upon
the ballot unless he or she has | 2 | | been assigned on a regular certificate for
at least 10 years in | 3 | | the Chicago public schools or charter schools and
nominated by | 4 | | a petition signed by not less than 200 contributors who are not
| 5 | | principals or administrators.
| 6 | | Petitions shall be filed with the recording secretary of | 7 | | the Fund on or after September
15 of each year and not later | 8 | | than October 1st of that year. No more than one
candidate may | 9 | | be nominated by any one petition. If the nominations do not
| 10 | | exceed the number of candidates to be elected, the canvassing | 11 | | board shall
declare the nominated candidates elected. | 12 | | Otherwise, candidates receiving the
highest number of votes | 13 | | cast for their respective terms shall be declared
elected. The | 14 | | location and number of polling places shall be designated by | 15 | | the
Board. The election shall be conducted by the teachers who | 16 | | are
not principals or administrators, and the judges of the | 17 | | election shall be selected from the
teachers who are not | 18 | | principals or administrators, in such manner as the board in | 19 | | its bylaws
or rules provides.
| 20 | | Elections to fill vacancies on the Board
shall be held at | 21 | | the next annual election.
| 22 | | (2) Pensioners election. The name of a candidate
shall not | 23 | | be placed printed on the ballot unless he or she has been | 24 | | nominated by a
petition signed by not less than 100 pensioners | 25 | | of the Fund.
Petitions shall
be filed with the recording | 26 | | secretary of the Fund on or before
October 1 of the
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| 1 | | odd-numbered year. If the nominations do not exceed 3, the | 2 | | mailing
of ballots
shall be eliminated and the nominated | 3 | | candidates shall be declared elected.
Otherwise, the 3 | 4 | | candidates receiving the highest number of votes
cast shall be
| 5 | | declared elected. The mailing and counting of the ballots shall | 6 | | be conducted
by the office of the Fund with volunteer | 7 | | assistance from
pensioners at the
request of the Board.
| 8 | | (3) Administrators Principals election. The name of a | 9 | | candidate shall not be placed printed on
the ballot unless he | 10 | | or she has been nominated by a petition signed by at least
25 | 11 | | contributors who are principals or administrators. Petitions | 12 | | shall be filed with the
recording secretary of the Fund on or | 13 | | before October 1 of the election year. Every
member who is a | 14 | | principal or an administrator may vote at the election for one | 15 | | candidate
who is a contributor who is an administrator, | 16 | | provided that the member obtained such voter eligibility status | 17 | | on or before October 1 of the election year
a principal .
If | 18 | | only one eligible candidate is nominated, the election shall | 19 | | not be held and
the nominated candidate shall be declared | 20 | | elected. Otherwise, the candidate
receiving the highest number | 21 | | of votes cast shall be declared elected. The
mailing and | 22 | | counting of the ballots shall be conducted by the office of the
| 23 | | Fund.
| 24 | | (4) Vacancies. The Board may fill vacancies occurring in
| 25 | | the membership of the Board elected by the principals, | 26 | | administrators, teachers other
than principals or |
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| 1 | | administrators, or pensioners at any regular meeting of the | 2 | | Board. The
Board of Education may fill vacancies occurring in | 3 | | the membership of the Board appointed by the Board of Education | 4 | | at any regular meeting of
the
Board of Education.
| 5 | | (Source: P.A. 94-514, eff. 8-10-05.)
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.
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