Ill. Admin. Code tit. 80 § 1600.750

Current through Register Vol. 48, No. 45, November 8, 2024

Section 1600.750 - Filling a Vacancy in the Term of an Elected Trustee

a) A vacancy occurring in the elected membership of the Board shall be filled by the elected trustees as prescribed in Section 15-159(e) of the Pension Code.

b) The elected trustees shall fill an unexpired term with currently eligible candidates or replacements otherwise satisfying the conditions in Sections 1600.700(b)(1) or (c)(1) and 1600.730(d) as follows:

1) If an elected trustee position becomes vacant within the first 3 years of a term, the vacant position shall temporarily be filled until the July 15 following the next regularly scheduled Election Date. The remaining 3 years of the term shall be permanently filled at the next available election. However, if a vacancy occurs within 6 months prior to the next election, the remaining elected trustees may choose to leave the position vacant until that election. The vacant position openings and term lengths shall be filled as follows:

A) The vacant position shall be temporarily filled by the elected members using the eligibility rules provided in Section 1600.700(b)(1) and the process rules provided in subsection (b)(3) of this Section.

B) If the vacancy occurs prior to the January 1 immediately preceding the next election, the vacant positions shall be filled for the remainder of the term (years 4-6), through the election process, by adding the appropriate number of available positions to the ballot at the next available election.

C) If a vacancy occurs prior to the January 1 immediately preceding the next election, and an election is required under Section 15-159(e) of the Pension Code, the term lengths shall be determined with the candidates receiving the greatest number of votes awarded the 6 year terms.

D) If a vacancy occurs prior to the January 1 immediately preceding the next election and an election is not otherwise necessary under Section 15-159(e), term lengths shall be determined by blind random drawing.

2) If an elected trustee position becomes vacant within the last 3 years of a term, the vacant position shall be filled for the remainder of the term by the elected members using the eligibility rules provided in this subsection (b) and the process rules provided in subsection (b)(3). However, if a vacancy occurs within 6 months prior to the next election, the remaining elected trustees may choose to leave the position vacant until that election.

3) Unexpired terms will be filled by the elected membership using the process outlined in this subsection (b)(3). The Board Secretary will announce the vacancy via a press release and request nominations be submitted by a certain date in the form adopted by the System. Once the nomination period has ended, the Board Secretary shall determine the eligibility of the candidates pursuant to Section 15-159 of the Pension Code and the eligibility qualifications provided in this subsection (b). The list of eligible nominees will be submitted to all elected members of the Board for consideration of which candidate would best represent the contributing members or annuitants, respectively. Departing elected members shall not be eligible to participate in the replacement process. Majority voting of all elected members will determine the appointee. If the elected members cannot decide on a replacement, the full Board may declare a special election to fill the vacancy.

Ill. Admin. Code tit. 80, § 1600.750

Amended at 37 Ill. Reg. 15517, effective September 12, 2013