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Public Act 91-0941
HB4347 Enrolled LRB9111093EGfg
AN ACT to amend the Illinois Pension Code by changing
Sections 16-163 and 16-165.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Pension Code is amended by
changing Sections 16-163 and 16-165 as follows:
(40 ILCS 5/16-163) (from Ch. 108 1/2, par. 16-163)
Sec. 16-163. Board created. A board of 11 10 members
constitutes a board of trustees authorized to carry out the
provisions of this Article and is responsible for the general
administration of the System. The board is known as the
Board of Trustees of the Teachers' Retirement System of the
State of Illinois. The board is composed of the
Superintendent of Education, ex officio ex-officio, who shall
be the president of the board; 4 persons, not members of the
System, to be appointed by the Governor, who shall hold no
elected State office; 4 teachers, as defined in Section
16-106, elected by the contributing members; and 2 one
annuitant members member elected by the annuitants of the
System, as provided in Section 16-165.
(Source: P.A. 90-511, eff. 8-22-97.)
(40 ILCS 5/16-165) (from Ch. 108 1/2, par. 16-165)
Sec. 16-165. Board; elected members; vacancies.
(a) In each odd-numbered year, there shall be elected 2
teachers who shall hold office for a term of 4 years
beginning July 15 next following their election, in the
manner provided under this Section.
(b) One The elected annuitant trustee shall first be
elected in 1987, and in every fourth year thereafter, as
hereinafter provided, for a term of 4 years beginning July 15
next following his or her election.
(c) The elected annuitant position created by this
amendatory Act of the 91st General Assembly shall be filled
as soon as possible in the manner provided for vacancies, for
an initial term ending July 15, 2001. One elected annuitant
trustee shall be elected in 2001, and in every fourth year
thereafter, for a term of 4 years beginning July 15 next
following his or her election.
(d) Elections shall be held on May 1, unless May 1 falls
on a Saturday or Sunday, in which event the such election
shall be conducted on the following Monday. Candidates shall
be nominated by petitions in writing, signed by not less than
500 teachers or annuitants, as the case may be, with their
addresses shown opposite their names. The petitions shall be
filed with the board's Secretary not less than 90 nor more
than 120 days prior to May 1. The Secretary shall determine
their validity not less than 75 days before the election.
(e) If, for either teacher or annuitant members, the
number of qualified nominees exceeds the number of available
positions, If there are more than 2 qualified teacher
nominees or more than one qualified annuitant nominee, the
system shall prepare an appropriate ballot with the names of
the candidates in alphabetical order and shall mail one copy
thereof, at least 10 days prior to the election day, to each
teacher or annuitant of this system as of the latest date
practicable, at the latest known address, together with a
return envelope addressed to the board and also a smaller
envelope marked "For Ballot Only", and a slip for signature.
Each voter, upon marking his ballot with a cross mark in the
square before the name of the person voted for, shall place
the ballot in the envelope marked "For Ballot Only", seal the
envelope, write on the slip provided therefor his signature
and address, enclose both the slip and sealed envelope
containing the marked ballot in the return envelope addressed
to the board, and mail it. Whether a person is eligible to
vote for the teacher nominees or the annuitant nominees
nominee shall be determined from system payroll records as of
March 1.
Upon receipt of the return envelopes, the system shall
open them and set aside unopened the envelopes marked "For
Ballot Only". On election day ballots shall be publicly
opened and counted by the trustees or canvassers appointed
therefor. Each vote cast for a candidate represents one vote
only. No ballot arriving after 10 o'clock a.m. on election
day shall be counted. The 2 teacher candidates and the
annuitant candidate receiving the highest number of votes
shall be elected. The board shall declare the results of the
election, keep a record thereof, and notify the candidates of
the results thereof within 30 days after the election.
If, for either class of members, there are only as many 2
qualified nominees as there are positions available teachers
or only one qualified annuitant nominated by petition, the
balloting as described in this Section shall will not be
conducted for those such nominees, and the board shall
declare them such nominees duly elected.
(f) A vacancy occurring in the elective membership on
the board shall be filled for the unexpired term by the board
with a person qualified for the vacant position.
(Source: P.A. 85-1008.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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