Bill Text: IL HB1248 | 2023-2024 | 103rd General Assembly | Introduced


Bill Title: Amends the Firefighters' Pension Investment Fund Article of the Illinois Pension Code. Provides that the candidate receiving the highest number of votes who is from a fire protection district shall be elected if the candidate or candidates who are mayors, presidents, chief executive officers, chief financial officers, or other officers, executives, or department heads of municipalities or fire protection districts receiving the highest number of votes would result in there being no trustee who is from a fire protection district. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2023-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB1248 Detail]

Download: Illinois-2023-HB1248-Introduced.html


103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB1248

Introduced , by Rep. Steven Reick

SYNOPSIS AS INTRODUCED:
40 ILCS 5/22C-116

Amends the Firefighters' Pension Investment Fund Article of the Illinois Pension Code. Provides that the candidate receiving the highest number of votes who is from a fire protection district shall be elected if the candidate or candidates who are mayors, presidents, chief executive officers, chief financial officers, or other officers, executives, or department heads of municipalities or fire protection districts receiving the highest number of votes would result in there being no trustee who is from a fire protection district. Effective immediately.
LRB103 04929 RPS 49939 b

A BILL FOR

HB1248LRB103 04929 RPS 49939 b
1 AN ACT concerning public employee benefits.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Illinois Pension Code is amended by
5changing Section 22C-116 as follows:
6 (40 ILCS 5/22C-116)
7 Sec. 22C-116. Conduct and administration of elections;
8terms of office.
9 (a) For the election of the permanent trustees, the
10transition board shall administer the initial elections and
11the permanent board shall administer all subsequent elections.
12Each board shall develop and implement such procedures as it
13determines to be appropriate for the conduct of such
14elections. For the purposes of obtaining information necessary
15to conduct elections under this Section, participating pension
16funds shall cooperate with the Fund.
17 (b) All nominations for election shall be by petition.
18Each petition for a trustee shall be executed as follows:
19 (1) for trustees to be elected by the mayors and
20 presidents of municipalities or fire protection districts
21 that have participating pension funds, by at least 20 such
22 mayors and presidents; except that this item (1) shall
23 apply only with respect to participating pension funds;

HB1248- 2 -LRB103 04929 RPS 49939 b
1 (2) for trustees to be elected by participants, by at
2 least 400 participants; and
3 (3) for trustees to be elected by beneficiaries, by at
4 least 100 beneficiaries.
5 (c) A separate ballot shall be used for each class of
6trustee. The board shall prepare and send ballots and ballot
7envelopes to the participants and beneficiaries eligible to
8vote in accordance with rules adopted by the board. The
9ballots shall contain the names of all candidates in
10alphabetical order. The ballot envelope shall have on the
11outside a form of certificate stating that the person voting
12the ballot is a participant or beneficiary entitled to vote.
13 Participants and beneficiaries, upon receipt of the
14ballot, shall vote the ballot and place it in the ballot
15envelope, seal the envelope, execute the certificate thereon,
16and return the ballot to the Fund.
17 The board shall set a final date for ballot return, and
18ballots received prior to that date in a ballot envelope with a
19properly executed certificate and properly voted shall be
20valid ballots.
21 The board shall set a day for counting the ballots and name
22judges and clerks of election to conduct the count of ballots
23and shall make any rules necessary for the conduct of the
24count.
25 The candidate or candidates receiving the highest number
26of votes for each class of trustee shall be elected; except

HB1248- 3 -LRB103 04929 RPS 49939 b
1that if the candidate or candidates under item (1) of
2subsection (b) of Section 22C-115 receiving the highest number
3of votes would result in there being no trustee who is from a
4fire protection district, then the candidate receiving the
5highest number of votes who is from a fire protection district
6shall be elected. In the case of a tie vote, the winner shall
7be determined in accordance with procedures developed by the
8Department of Insurance.
9 In lieu of conducting elections via mail balloting as
10described in this Section, the board may instead adopt rules
11to provide for elections to be carried out solely via Internet
12balloting or phone balloting. Nothing in this Section
13prohibits the Fund from contracting with a third party to
14administer the election in accordance with this Section.
15 (d) At any election, voting shall be as follows:
16 (1) Each person authorized to vote for an elected
17 trustee may cast one vote for each related position for
18 which such person is entitled to vote and may cast such
19 vote for any candidate or candidates on the ballot for
20 such trustee position.
21 (2) If only one candidate for each position is
22 properly nominated in petitions received, that candidate
23 shall be deemed the winner and no election under this
24 Section shall be required.
25 (3) The results shall be entered in the minutes of the
26 first meeting of the board following the tally of votes.

HB1248- 4 -LRB103 04929 RPS 49939 b
1 (e) The initial election for permanent trustees shall be
2held and the permanent board shall be seated no later than 12
3months after the effective date of this amendatory Act of the
4101st General Assembly. Each subsequent election shall be held
5no later than 30 days prior to the end of the term of the
6incumbent trustees.
7 (f) The elected trustees shall each serve for terms of 4
8years commencing on the first business day of the first month
9after election; except that the terms of office of the
10initially elected trustees shall be as follows:
11 (1) One trustee elected pursuant to item (1) of
12 subsection (b) of Section 22C-115 shall serve for a term
13 of 2 years and 2 trustees elected pursuant to item (1) of
14 subsection (b) of Section 22C-115 shall serve for a term
15 of 4 years;
16 (2) One trustee elected pursuant to item (2) of
17 subsection (b) of Section 22C-115 shall serve for a term
18 of 2 years and 2 trustees elected pursuant to item (2) of
19 subsection (b) of Section 22C-115 shall serve for a term
20 of 4 years; and
21 (3) The trustee elected pursuant to item (3) of
22 subsection (b) of Section 22C-115 shall serve for a term
23 of 2 years.
24 (g) The trustees appointed pursuant to items (4) and (5)
25of subsection (b) of Section 22C-115 shall each serve for a
26term of 4 years commencing on the first business day of the

HB1248- 5 -LRB103 04929 RPS 49939 b
1first month after the election of the elected trustees.
2 (h) A member of the board who was elected pursuant to item
3(1) of subsection (b) of Section 22C-115 who ceases to serve as
4a mayor, president, chief executive officer, chief financial
5officer, or other officer, executive, or department head of a
6municipality or fire protection district that has a
7participating pension fund shall not be eligible to serve as a
8member of the board and his or her position shall be deemed
9vacant. A member of the board who was elected by the
10participants of participating pension funds who ceases to be a
11participant may serve the remainder of his or her elected
12term.
13 For a vacancy of an elected trustee occurring with an
14unexpired term of 6 months or more, an election shall be
15conducted for the vacancy in accordance with Section 22C-115
16and this Section.
17 For a vacancy of an elected trustee occurring with an
18unexpired term of less than 6 months, the vacancy shall be
19filled by appointment by the board for the unexpired term as
20follows: a vacancy of a member elected pursuant to item (1) of
21subsection (b) of Section 22C-115 shall be filled by a mayor,
22president, chief executive officer, chief financial officer,
23or other officer, executive, or department head of a
24municipality or fire protection district that has a
25participating pension fund; a vacancy of a member elected
26pursuant to item (2) of subsection (b) of Section 22C-115

HB1248- 6 -LRB103 04929 RPS 49939 b
1shall be filled by a participant of a participating pension
2fund; and a vacancy of a member elected under item (3) of
3subsection (b) of Section 22C-115 shall be filled by a
4beneficiary of a participating pension fund.
5 Vacancies among the appointed trustees shall be filled for
6unexpired terms by appointment in like manner as for the
7original appointments.
8(Source: P.A. 101-610, eff. 1-1-20.)
9 Section 99. Effective date. This Act takes effect upon
10becoming law.
feedback