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| Public Act 098-0449 | ||||
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AN ACT concerning public employee benefits.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Pension Code is amended by changing | ||||
Sections 14-103.10, 17-137, 17-138, and 17-139 as follows:
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(40 ILCS 5/14-103.10) (from Ch. 108 1/2, par. 14-103.10)
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Sec. 14-103.10. Compensation.
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(a) For periods of service prior to January 1, 1978, the | ||||
full rate of salary
or wages payable to an employee for | ||||
personal services performed if he worked
the full normal | ||||
working period for his position, subject to the following
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maximum amounts: (1) prior to July 1, 1951, $400 per month or | ||||
$4,800 per year;
(2) between July 1, 1951 and June 30, 1957 | ||||
inclusive, $625 per month or $7,500
per year; (3) beginning | ||||
July 1, 1957, no limitation.
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In the case of service of an employee in a position | ||||
involving
part-time employment, compensation shall be | ||||
determined according to the
employees' earnings record.
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(b) For periods of service on and after January 1, 1978, | ||||
all
remuneration for personal services performed defined as | ||||
"wages" under
the Social Security Enabling Act, including that | ||||
part of such
remuneration which is in excess of any maximum | ||||
limitation provided in
such Act, and including any benefits | ||||
received by an employee under a sick
pay plan in effect before | ||
January 1, 1981, but excluding lump sum salary
payments:
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(1) for vacation,
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(2) for accumulated unused sick leave,
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(3) upon discharge or dismissal,
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(4) for approved holidays.
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(c) For periods of service on or after December 16, 1978, | ||
compensation
also includes any benefits, other than lump sum | ||
salary payments made at
termination of employment, which an | ||
employee receives or is eligible to
receive under a sick pay | ||
plan authorized by law.
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(d) For periods of service after September 30, 1985, | ||
compensation also
includes any remuneration for personal | ||
services not included as "wages"
under the Social Security | ||
Enabling Act, which is deducted for purposes of
participation | ||
in a program established pursuant to Section 125 of the
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Internal Revenue Code or its successor laws.
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(e) For members for which Section 1-160 applies for periods | ||
of service on and after January 1, 2011, all remuneration for | ||
personal services performed defined as "wages" under the Social | ||
Security Enabling Act, excluding remuneration that is in excess | ||
of the annual earnings, salary, or wages of a member or | ||
participant, as provided in subsection (b-5) of Section 1-160, | ||
but including any benefits received by an employee under a sick | ||
pay plan in effect before January 1, 1981.
Compensation shall | ||
exclude lump sum salary payments: | ||
(1) for vacation; | ||
(2) for accumulated unused sick leave; | ||
(3) upon discharge or dismissal; and | ||
(4) for approved holidays. | ||
(f) Notwithstanding the other provisions of this Section, | ||
for service on or after July 1, 2013, "compensation"
does not | ||
include any stipend payable to an employee for service on a | ||
board or commission. | ||
(Source: P.A. 96-1490, eff. 1-1-11.)
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(40 ILCS 5/17-137) (from Ch. 108 1/2, par. 17-137)
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Sec. 17-137. Board created. There shall be elected a Board | ||
of Trustees,
herein also referred to as the "Board", to | ||
administer and
control the Fund
created by this Article. The | ||
Board shall consist of 12
members, 2 of whom shall be members | ||
of the Board of Education, 6
of whom shall be contributors who | ||
are not administrators principals, one of whom shall be a
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contributor who is an administrator a principal, and 3 of whom | ||
shall be pensioners,
all to be chosen as provided in this | ||
Article.
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(Source: P.A. 89-136, eff. 7-14-95; 90-566, eff. 1-2-98.)
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(40 ILCS 5/17-138) (from Ch. 108 1/2, par. 17-138)
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Sec. 17-138. Board membership. At the first meeting of the | ||
Board of
Education in November of each year, the Board of | ||
Education
shall appoint one of its members to serve, while a | ||
member of the Board of
Education, on the Board of Trustees for | ||
a term of 2 years.
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During the first week of November, On the last school day | ||
of the 4th week of October of each year there
shall be elected | ||
2 members of the Board from the teachers other
than | ||
administrators principals, who shall hold office for terms of 3 | ||
years, provided the trustee retains his or her
while retaining | ||
their status as a teacher teachers other than an administrator | ||
principals, and other
members to fill any unexpired terms. In | ||
the event that schools are not in session
on or during the week | ||
prior to the last Friday in October, this election shall
be | ||
held on the Friday of the first subsequent full week of school. | ||
The
election shall be by secret ballot conducted in person or | ||
by secure electronic ballot, and shall be held in such manner | ||
as the
Board by bylaws or rules shall provide. Only teachers | ||
who are
not administrators principals shall be eligible to vote | ||
in the election.
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During the first week of November of 1995 and every third | ||
year thereafter,
one contributor who is an administrator a | ||
principal shall be elected a member of the Board. This trustee | ||
shall hold office for a term of 3 years, provided the trustee | ||
retains while
retaining
his or her status as an administrator a | ||
principal. The election shall be by mail ballot or by secure | ||
electronic ballot, and
only contributors who are | ||
administrators principals shall be eligible to vote. The | ||
election
shall be held in the manner provided by the Board by | ||
rule or
bylaw.
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During the first week of November of each odd-numbered year | ||
there shall
be elected 3 members of the Board from the | ||
pensioners,
who shall hold office for a term of 2 years while | ||
retaining their status
as pensioners. The election shall be by | ||
mail ballot or secure electronic ballot to all service and
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disability pensioners, and shall be held in such manner as the | ||
Board by bylaws or rules shall provide.
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All trustees, while members of the Board of Education or | ||
while administrators
principals, teachers other than | ||
administrators principals, or pensioners, as the
case may be, | ||
shall hold their offices
until their successors shall have been | ||
appointed or elected and qualified by
subscribing to the | ||
constitutional oath of office at the immediately succeeding
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regular meeting of the Board.
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(Source: P.A. 89-136, eff. 7-14-95; 90-566, eff. 1-2-98.)
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(40 ILCS 5/17-139) (from Ch. 108 1/2, par. 17-139)
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Sec. 17-139. Board elections and vacancies.
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(1) Contributors other than administrators principals | ||
election. Every
member who is not a principal or an | ||
administrator may vote at the election for as many persons
as | ||
there are trustees to be elected by the contributors who are | ||
not principals or administrators, provided that the | ||
contributor obtained that voter eligibility status on or before | ||
October 1 of the election year. The name of a candidate shall | ||
not be placed on printed upon
the ballot unless he or she has | ||
been assigned on a regular certificate for
at least 10 years in | ||
the Chicago public schools or charter schools and
nominated by | ||
a petition signed by not less than 200 contributors who are not
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principals or administrators.
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Petitions shall be filed with the recording secretary of | ||
the Fund on or after September
15 of each year and not later | ||
than October 1st of that year. No more than one
candidate may | ||
be nominated by any one petition. If the nominations do not
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exceed the number of candidates to be elected, the canvassing | ||
board shall
declare the nominated candidates elected. | ||
Otherwise, candidates receiving the
highest number of votes | ||
cast for their respective terms shall be declared
elected. The | ||
location and number of polling places shall be designated by | ||
the
Board. The election shall be conducted by the teachers who | ||
are
not principals or administrators, and the judges of the | ||
election shall be selected from the
teachers who are not | ||
principals or administrators, in such manner as the board in | ||
its bylaws
or rules provides.
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Elections to fill vacancies on the Board
shall be held at | ||
the next annual election.
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(2) Pensioners election. The name of a candidate
shall not | ||
be placed printed on the ballot unless he or she has been | ||
nominated by a
petition signed by not less than 100 pensioners | ||
of the Fund.
Petitions shall
be filed with the recording | ||
secretary of the Fund on or before
October 1 of the
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odd-numbered year. If the nominations do not exceed 3, the | ||
mailing
of ballots
shall be eliminated and the nominated | ||
candidates shall be declared elected.
Otherwise, the 3 | ||
candidates receiving the highest number of votes
cast shall be
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declared elected. The mailing and counting of the ballots shall | ||
be conducted
by the office of the Fund with volunteer | ||
assistance from
pensioners at the
request of the Board.
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(3) Administrators Principals election. The name of a | ||
candidate shall not be placed printed on
the ballot unless he | ||
or she has been nominated by a petition signed by at least
25 | ||
contributors who are principals or administrators. Petitions | ||
shall be filed with the
recording secretary of the Fund on or | ||
before October 1 of the election year. Every
member who is a | ||
principal or an administrator may vote at the election for one | ||
candidate
who is a contributor who is an administrator, | ||
provided that the member obtained such voter eligibility status | ||
on or before October 1 of the election year
a principal.
If | ||
only one eligible candidate is nominated, the election shall | ||
not be held and
the nominated candidate shall be declared | ||
elected. Otherwise, the candidate
receiving the highest number | ||
of votes cast shall be declared elected. The
mailing and | ||
counting of the ballots shall be conducted by the office of the
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Fund.
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(4) Vacancies. The Board may fill vacancies occurring in
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the membership of the Board elected by the principals, | ||
administrators, teachers other
than principals or | ||
administrators, or pensioners at any regular meeting of the | ||
Board. The
Board of Education may fill vacancies occurring in | ||
the membership of the Board appointed by the Board of Education | ||
at any regular meeting of
the
Board of Education.
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(Source: P.A. 94-514, eff. 8-10-05.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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