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90_HB0512
40 ILCS 5/4-121 from Ch. 108 1/2, par. 4-121
Amends the Downstate Firefighter Article of the Pension
Code. Changes the number and manner of selecting members of
the board of trustees. Reconstitutes the existing boards on
July 1, 1998. Effective immediately.
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1 AN ACT to amend the Illinois Pension Code by changing
2 Section 4-121.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Pension Code is amended by
6 changing Section 4-121 as follows:
7 (40 ILCS 5/4-121) (from Ch. 108 1/2, par. 4-121)
8 Sec. 4-121. Board created.
9 (a) There is created in each municipality a board of
10 trustees to be known as the "Board of Trustees of the
11 Firefighters' Pension Fund".
12 (b) Until July 1, 1998:
13 The membership of the board for each municipality shall
14 be, respectively, as follows: in cities, the treasurer,
15 clerk, marshall or chief officer of the fire department, and
16 the comptroller if there is one, or if not, the mayor; in
17 each township, village or incorporated town, the president of
18 the municipality's board of trustees, the village or town
19 clerk, village or town attorney, village or town treasurer,
20 and the chief officer of the fire department; and in each
21 fire protection district, the president and other 2 members
22 of its board of trustees and the marshall or chief of its
23 fire department or service, as the case may be; and in all
24 the municipalities above designated 3 additional persons
25 chosen from their active firefighters and one other person
26 who has retired under the "Firemen's Pension Fund Act of
27 1919", or this Article.
28 For the purposes of this Section, a firefighter receiving
29 a disability pension shall be considered a retired
30 firefighter. In the event that there are no retired
31 firefighters under the Fund or if none is willing to serve on
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1 the board, then an additional active firefighter shall be
2 elected to the board in lieu of the retired firefighter that
3 would otherwise be elected.
4 If the regularly constituted fire department of a
5 municipality is dissolved and Section 4-106.1 is not
6 applicable, the board shall continue to exist and administer
7 the Fund so long as there continues to be any annuitant or
8 deferred pensioner in the Fund. In such cases, elections
9 shall continue to be held as specified in this Section,
10 except that: (1) deferred pensioners shall be deemed to be
11 active members for the purposes of such elections; (2) any
12 otherwise unfillable positions on the board, including ex
13 officio positions, shall be filled by election from the
14 remaining firefighters and deferred pensioners of the Fund,
15 to the extent possible; and (3) if the membership of the
16 board falls below 3 persons, the Illinois Director of
17 Insurance or his designee shall be deemed a member of the
18 board, ex officio.
19 The members chosen from the active and retired
20 firefighters shall be elected by ballot at elections to be
21 held on the 3rd Monday in April of the applicable years under
22 the Australian ballot system, at such place or places, in the
23 municipality, and under such regulations as shall be
24 prescribed by the board.
25 No person shall cast more than one vote for each
26 candidate for whom he or she is eligible to vote. In the
27 elections for board members to be chosen from the active
28 firefighters, all active firefighters and no others may vote.
29 In the elections for board members to be chosen from retired
30 firefighters, the retired firefighters and no others may
31 vote.
32 Each member of the board so elected shall hold office for
33 a term of 3 years and until his or her successor has been
34 duly elected and qualified.
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1 The board shall canvass the ballots and declare which
2 persons have been elected and for what term or terms
3 respectively. In case of a tie vote between 2 or more
4 candidates, the board shall determine by lot which candidate
5 or candidates have been elected and for what term or terms
6 respectively. In the event of the failure, resignation, or
7 inability to act of any board member, a successor shall be
8 elected for the unexpired term at a special election called
9 by the board and conducted in the same manner as a regular
10 election.
11 The terms of all members of the board of trustees holding
12 office on June 30, 1998 shall expire at the end of that day,
13 and the board shall thereafter consist of members selected as
14 provided in subsection (c).
15 (c) Beginning July 1, 1998:
16 The Board shall consist of 5 members. Two members of the
17 board shall be appointed by the mayor or president of the
18 board of trustees of the municipality involved. The 3rd and
19 4th members of the board shall be elected from the active
20 participants of the pension fund by the active participants.
21 The 5th member shall be elected by and from the beneficiaries
22 of the pension fund.
23 Of the initial members appointed by the mayor or
24 president of the board of trustees of the municipality, one
25 shall be designated by the appointing authority to serve
26 until the second Tuesday in May of 1999 and the other shall
27 serve until the second Tuesday in May of 2000. Their
28 successors shall serve for terms of 2 years beginning on the
29 second Tuesday in May, and until their successors are
30 appointed and qualified.
31 The election for board members shall be held biennially
32 on the third Monday in April, beginning in April of 1998, at
33 one or more places in the municipality designated by the
34 board. Elections shall be conducted under the Australian
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1 ballot system and in accordance with any rules prescribed by
2 the board.
3 The active pension fund participants shall be entitled to
4 vote only for the active participant members of the board.
5 Beneficiaries of legal age may vote only for the member
6 chosen from among the beneficiaries. No person shall be
7 entitled to cast more than one ballot. Elected members shall
8 serve for a term of 2 years beginning on the second Tuesday
9 of May following the election, and until their successors
10 have been elected and qualified.
11 If there is no candidate for election to the beneficiary
12 seat, an additional active participant may be elected to fill
13 that seat. If there is no candidate for election to an
14 active participant seat, an additional beneficiary may be
15 elected to fill that seat. If fewer than 3 members are
16 elected due to an insufficient number of candidates in an
17 election, the Illinois Director of Insurance or his or her
18 designee shall serve, ex officio, as a member of the board
19 until a third elected member takes office.
20 Upon the death, resignation, or inability to act of any
21 elected board member, a successor shall be elected for the
22 unexpired term at a special election, to be called by the
23 board and conducted in the same manner as the regular
24 biennial election.
25 (d) The board shall elect annually from its members a
26 president and secretary.
27 (e) Board members shall not receive or have any right to
28 receive any salary from the pension fund for services
29 performed as board members.
30 (Source: P.A. 84-1039.)
31 Section 99. Effective date. This Act takes effect upon
32 becoming law.