Bill Text: IL HB4323 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the State Universities Article of the Illinois Pension Code. Provides that the term of an appointed trustee shall terminate immediately upon becoming a member of the system or being sworn into an elective State office, and the position shall be considered to be vacant. Provides that an elected trustee who is incumbent on the effective date of the amendatory Act whose status as a participating employee or annuitant has terminated after having been elected shall continue to serve in the participating employee or annuitant position to which he or she was elected for the remainder of the term. Provides that trustees shall continue in office until their respective successors are appointed and have qualified, except that a trustee elected (instead of appointed) to one of the participating employee (instead of participant) positions after the effective date of the amendatory Act shall be disqualified immediately upon the termination of his or her status as a participating employee (instead of participant) and a trustee elected (instead of appointed) to one of the annuitant positions after the effective date of the amendatory Act shall be disqualified immediately upon the termination of his or her status as an annuitant receiving a retirement annuity. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB4323 Detail]

Download: Illinois-2019-HB4323-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB4323 Introduced , by Rep. Kelly M. Burke SYNOPSIS AS INTRODUCED:
40 ILCS 5/15-159 from Ch. 108 1/2, par. 15-159
Amends the State Universities Article of the Illinois Pension Code. Provides that the term of an appointed trustee shall terminate immediately upon becoming a member of the system or being sworn into an elective State office, and the position shall be considered to be vacant. Provides that an elected trustee who is incumbent on the effective date of the amendatory Act whose status as a participating employee or annuitant has terminated after having been elected shall continue to serve in the participating employee or annuitant position to which he or she was elected for the remainder of the term. Provides that trustees shall continue in office until their respective successors are appointed and have qualified, except that a trustee elected (instead of appointed) to one of the participating employee (instead of participant) positions after the effective date of the amendatory Act shall be disqualified immediately upon the termination of his or her status as a participating employee (instead of participant) and a trustee elected (instead of appointed) to one of the annuitant positions after the effective date of the amendatory Act shall be disqualified immediately upon the termination of his or her status as an annuitant receiving a retirement annuity. Effective immediately.
LRB101 14792 RPS 63758 b
PENSION IMPACT NOTE ACT MAY APPLY
A BILL FOR
HB4323 LRB101 14792 RPS 63758 b
AN ACT concerning public employee benefits.
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
Section 15-159 as follows:
(40 ILCS 5/15-159) (from Ch. 108 1/2, par. 15-159)
Sec. 15-159. Board created.
(a) A board of trustees constituted as provided in this
Section shall administer this System. The board shall be known
as the Board of Trustees of the State Universities Retirement
System.
(b) (Blank).
(c) (Blank).
(d) Beginning on the 90th day after April 3, 2009 (the
effective date of Public Act 96-6), the Board of Trustees shall
be constituted as follows:
(1) The Chairperson of the Board of Higher Education,
who shall act as chairperson of this Board.
(2) Four trustees appointed by the Governor with the
advice and consent of the Senate who may not be members of
the system or hold an elective State office and who shall
serve for a term of 6 years, except that the terms of the
initial appointees under this subsection (d) shall be as

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follows: 2 for a term of 3 years and 2 for a term of 6
years. The term of an appointed trustee shall terminate
immediately upon becoming a member of the system or being
sworn into an elective State office, and the position shall
be considered to be vacant and shall be filled pursuant to
subsection (f) of this Section.
(3) Four participating employees active participants
of the system to be elected from the contributing
membership of the system by the contributing members, no
more than 2 of which may be from any of the University of
Illinois campuses, who shall serve for a term of 6 years,
except that the terms of the initial electees shall be as
follows: 2 for a term of 3 years and 2 for a term of 6
years.
(4) Two annuitants of the system who have been
annuitants for at least one full year, to be elected from
and by the annuitants of the system, no more than one of
which may be from any of the University of Illinois
campuses, who shall serve for a term of 6 years, except
that the terms of the initial electees shall be as follows:
one for a term of 3 years and one for a term of 6 years.
For the purposes of this Section, the Governor may make a
nomination and the Senate may confirm the nominee in advance of
the commencement of the nominee's term of office.
(e) The 6 elected trustees shall be elected within 90 days
after April 3, 2009 (the effective date of Public Act 96-6) for

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a term beginning on the 90th day after that effective date.
Trustees shall be elected thereafter as terms expire for a
6-year term beginning July 15 next following their election,
and such election shall be held on May 1, or on May 2 when May 1
falls on a Sunday. The board may establish rules for the
election of trustees to implement the provisions of Public Act
96-6 and for future elections. Candidates for the participating
trustee shall be nominated by petitions in writing, signed by
not less than 400 participants with their addresses shown
opposite their names. Candidates for the annuitant trustee
shall be nominated by petitions in writing, signed by not less
than 100 annuitants with their addresses shown opposite their
names. If there is more than one qualified nominee for each
elected trustee, then the board shall conduct a secret ballot
election by mail for that trustee, in accordance with rules as
established by the board. If there is only one qualified person
nominated by petition for each elected trustee, then the
election as required by this Section shall not be conducted for
that trustee and the board shall declare such nominee duly
elected. A vacancy occurring in the elective membership of the
board shall be filled for the unexpired term by the elected
trustees serving on the board for the remainder of the term.
Nothing in this subsection shall preclude the adoption of rules
providing for internet or phone balloting in addition, or as an
alternative, to election by mail.
(f) A vacancy in the appointed membership on the board of

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trustees caused by resignation, death, expiration of term of
office, or other reason shall be filled by a qualified person
appointed by the Governor for the remainder of the unexpired
term.
(g) Trustees (other than the trustees incumbent on June 30,
1995 or as provided in subsection (c) of this Section) shall
continue in office until their respective successors are
appointed and have qualified, except that a trustee elected
appointed to one of the participating employee participant
positions after the effective date of this amendatory Act of
the 101st General Assembly shall be disqualified immediately
upon the termination of his or her status as a participating
employee participant and a trustee elected appointed to one of
the annuitant positions after the effective date of this
amendatory Act of the 101st General Assembly shall be
disqualified immediately upon the termination of his or her
status as an annuitant receiving a retirement annuity.
An elected trustee who is incumbent on the effective date
of this amendatory Act of the 101st General Assembly whose
status as a participating employee or annuitant has terminated
after having been elected shall continue to serve in the
participating employee or annuitant position to which he or she
was elected for the remainder of the term.
(h) Each trustee must take an oath of office before a
notary public of this State and shall qualify as a trustee upon
the presentation to the board of a certified copy of the oath.

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The oath must state that the person will diligently and
honestly administer the affairs of the retirement system, and
will not knowingly violate or willfully permit to be violated
any provisions of this Article.
Each trustee shall serve without compensation but shall be
reimbursed for expenses necessarily incurred in attending
board meetings and carrying out his or her duties as a trustee
or officer of the system.
(Source: P.A. 98-92, eff. 7-16-13.)
Section 99. Effective date. This Act takes effect upon
becoming law.