State of Illinois
92nd General Assembly
Legislation

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[ Introduced ][ Enrolled ][ House Amendment 001 ]


92_SB0479eng

 
SB479 Engrossed                                LRB9203903EGfg

 1        AN ACT in relation to 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
 5    changing Sections 9-185, 9-186, and 9-187 as follows:

 6        (40 ILCS 5/9-185) (from Ch. 108 1/2, par. 9-185)
 7        Sec. 9-185.  Board created.
 8        (a)  A  board of 9 members 7 members shall constitute the
 9    board of trustees authorized to carry out the  provisions  of
10    this  Article.  The  board of trustees shall be known as "The
11    Retirement Board of the County Employees' Annuity and Benefit
12    Fund of .... County".  The board shall consist of  2  members
13    appointed  and  7  members  5  members elected as hereinafter
14    prescribed.
15        (b)  The appointed members shall be appointed as follows:
16    One member shall be appointed  by  the  comptroller  of  such
17    county,  who  may be the comptroller or some person chosen by
18    him from among employees of the county, who are versed in the
19    affairs of the comptroller's office; and one member shall  be
20    appointed  by  the  treasurer  of such county, who may be the
21    treasurer or some person chosen by him from  among  employees
22    of   the  County  who  are  versed  in  the  affairs  of  the
23    treasurer's office.
24        The member appointed by the comptroller shall hold office
25    for a term ending on December 1st of the first year following
26    the year of appointment.  The member appointed by the  county
27    treasurer shall hold office for a term ending on December 1st
28    of the second year following the year of appointment.
29        Thereafter,  each  appointed member shall be appointed by
30    the officer that appointed his predecessor for a  term  of  2
31    years.
 
SB479 Engrossed             -2-                LRB9203903EGfg
 1        (c)  Three  county employee members of the board shall be
 2    elected as follows: within 30 days from and  after  the  date
 3    upon  which this Article comes into effect in the county, the
 4    clerk of the county shall arrange for and hold  an  election.
 5    One  employee shall be elected for a term ending on the first
 6    day in the month of December of the first year next following
 7    the effective date; one for a term ending on December 1st  of
 8    the following year; and one for a term ending December 1st of
 9    the second following year.
10        (d)  Beginning  December  1,  1988,  and  every  3  years
11    thereafter, an annuitant member of the board shall be elected
12    as follows:  the board shall arrange for and hold an election
13    in  which only those participants who are currently receiving
14    retirement or disability benefits under this Article shall be
15    eligible to vote and be elected.  Each such member  shall  be
16    elected  to  a  term  ending on the first day in the month of
17    December of the third following year.
18        (d-1)  Beginning December 1,  2001,  and  every  3  years
19    thereafter, an annuitant member of the board shall be elected
20    as follows:  the board shall arrange for and hold an election
21    in  which only those participants who are currently receiving
22    retirement benefits under this Article shall be  eligible  to
23    vote  and be elected.  Each such member shall be elected to a
24    term ending on the first day in the month of December of  the
25    third  following  year.  Until December 1, 2001, the position
26    created under this subsection (d-1)  may  be  filled  by  the
27    board as in the case of a vacancy.
28        (e)  Beginning  December  1,  1988,  if a Forest Preserve
29    District Employees' Annuity and  Benefit  Fund  shall  be  in
30    force  in  such  county and the board of this fund is charged
31    with administering the affairs of such  annuity  and  benefit
32    fund for employees of such forest preserve district, a forest
33    preserve  district member of the board shall be elected as of
34    December 1, 1988, and every 3 years  thereafter  as  follows:
 
SB479 Engrossed             -3-                LRB9203903EGfg
 1    the  board  shall  arrange  for and hold an election in which
 2    only those employees of such forest preserve district who are
 3    contributors to the annuity and benefit fund for employees of
 4    such forest preserve district shall be eligible to  vote  and
 5    be  elected.    Each  such  member shall be elected to a term
 6    ending on the first day in the month of December of the third
 7    following year.
 8        (f)  Beginning  December  1,  2001,  and  every  3  years
 9    thereafter, if a Forest Preserve District Employees'  Annuity
10    and  Benefit  Fund is in force in the county and the board of
11    this Fund is charged with administering the affairs  of  that
12    annuity and benefit fund for employees of the forest preserve
13    district,  a forest preserve district annuitant member of the
14    board shall be elected as follows:  the board  shall  arrange
15    for and hold an election in which only those participants who
16    are  currently receiving retirement benefits under Article 10
17    shall be eligible to vote and be elected.  Each  such  member
18    shall  be  elected  to  a term ending on the first day in the
19    month  of  December  of  the  third  following  year.   Until
20    December 1, 2001, the position created under this  subsection
21    (f) may be filled by the board as in the case of a vacancy.
22    (Source: P.A. 85-964; 86-1488.)

23        (40 ILCS 5/9-186) (from Ch. 108 1/2, par. 9-186)
24        Sec.  9-186.   Board  elections.  In each year, the board
25    shall conduct a regular election, under rules adopted by  it,
26    at  least 30 days prior to the expiration of the term of each
27    elected employee or annuitant member.
28        To be eligible to be a county employee member,  a  person
29    must  be  an  employee of the county and must have at least 5
30    years of service credit in that capacity by December 1 of the
31    year of election.  To be eligible to  be  a  forest  preserve
32    district  member,  a person must be an employee of the forest
33    preserve district and must have at least 5 years  of  service
 
SB479 Engrossed             -4-                LRB9203903EGfg
 1    credit  in  that  capacity  by  December  1  of  the  year of
 2    election.
 3        Only those persons who are employees of the county  shall
 4    be  eligible  to vote for the 3 county employee members, only
 5    those persons  who  are  employees  of  the  forest  preserve
 6    district  shall  be  eligible to vote for the forest preserve
 7    district member, and only those  persons  who  are  currently
 8    receiving   retirement  or  disability  benefits  under  this
 9    Article shall be eligible to vote for the  annuitant  members
10    elected under subsections (d) and (d-1) of Section 9-185, and
11    only  those  persons  who  are currently receiving retirement
12    benefits under Article 10 shall be eligible to vote  for  the
13    forest  preserve  district  annuitant  member  elected  under
14    subsection  (f)  of  Section  9-185.   The ballot shall be of
15    secret character.
16        Except as  otherwise  provided  in  Section  9-187,  each
17    member  of the board shall hold office until his successor is
18    chosen and has qualified.
19        Any person elected or appointed a  member  of  the  board
20    shall  qualify  for the office by taking an oath of office to
21    be administered by the county clerk or a person designated by
22    him.  A copy thereof shall be  kept  in  the  office  of  the
23    county clerk.  Any appointment or notice of election shall be
24    in writing and the written instrument shall be filed with the
25    oath.
26    (Source: P.A. 85-964; 86-1488.)

27        (40 ILCS 5/9-187) (from Ch. 108 1/2, par. 9-187)
28        Sec. 9-187. Board vacancy.
29        (a)  A  vacancy  in  the membership of the board shall be
30    filled as follows:
31        If the vacancy is  that  of  an  appointive  member,  the
32    official  who  appointed  him shall appoint a person to serve
33    for the unexpired term.
 
SB479 Engrossed             -5-                LRB9203903EGfg
 1        If the vacancy is that of a county employee  member,  the
 2    remaining members of the board shall appoint a successor from
 3    among the employees of the county, who shall serve during the
 4    remainder of the unexpired term.
 5        If  the  vacancy  is  that  of a forest preserve district
 6    member, the remaining members of the board  shall  appoint  a
 7    successor  from  among  the  employees of the forest preserve
 8    district,  who  shall  serve  during  the  remainder  of  the
 9    unexpired term.
10        If the vacancy is that of an annuitant member other  than
11    a  forest  preserve  district annuitant member, the remaining
12    members of the board shall appoint  a  successor  from  among
13    those  persons  who  are  currently  receiving  retirement or
14    disability benefits under this Article.
15        If the vacancy is that  of  a  forest  preserve  district
16    annuitant  member,  the  remaining members of the board shall
17    appoint  a  successor  from  among  those  persons  who   are
18    currently receiving retirement benefits under Article 10.
19        (b)  Any  county  or  forest preserve district member who
20    withdraws from service shall  automatically  cease  to  be  a
21    member  of  the  board.   Any  annuitant member (other than a
22    forest preserve district annuitant member)  whose  retirement
23    or  disability  benefits  cease  under  this Article, and any
24    forest preserve district annuitant  member  whose  retirement
25    benefits  cease  under  Article  10, shall also automatically
26    cease to be a member of the Board.
27    (Source: P.A. 85-964; 86-1488.)

28        Section 99.  Effective date.  This Act takes effect  upon
29    becoming law.

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