Loading...
2005-09-29 - Firefighter Pension Board - Agenda Packet/' • �� `� S�r�b ic.�. BUFFALO GROVE FIRE DEPARTMENT FIREFIGHTER'S PENSION FUND SPECIAL MEETING NOTICE Date: September 29, 2005 Fire Administrative Headquarters 1051 Highland Grove Drive Buffalo Grove, I160089 6:30 P.M. 1. Call to Order 2. Roll Call 3. Hearing on FF/PM Jeff Newkirk's Request for Disability A.) Opening of Hearing B.) Admission of Documents C.) Testimony/Questioning, Witnesses D.) Deliberation/Findings 4. Adj ournment The Village of Buffalo Grove, in compliance with the Americans With Disabilities Act , requests that persons with disabilities who require certain accommodations to allow them to observe and/or participate in this meeting or have questions about the accessibility of the meeting or facilities contact the ADA Coordinator at 459-2518 to allow the Village to make reasonable accommodations for those persons . : � � � Ottosen Trevarthen Britz Kelly � Cooper, Ltd. • September 2005 Pension Code amendment restructures firefighters' pension boards by Bob Treva�then On July 25, 2005, Governor Rod Blagojevich president, but it does not require that such members signed into law House Bill 1403 (P.A. 94-317), which be public officials o� be involved in any particular amends the Illinois Pension Code to restructure municipal department. Currently, all boards require firefighter pension funds' boards of trustees. The bill that three active firefighters and one retiree be elected amends Section 4-121 of the Illinois Pension Code to the board. Although the new statute reduces the (40 ILCS 5/4-121) reducing the number of overall number of active firefighters who are to be seated on board members, insuring uniform board composition the board, it also reduces the overall number of board in all municipalities, and increasing the proportion of inembers by reducing the number of non-firefighter board positions held by current or retired firefighters. board members. As under the current statute, the newly signed amendment notes tha# the board The relevant addition to Section 4-121 position reserved for a retired firefighter may be held p�ovides: by a firefighter receiving a disability pension. In addition,the statute maintains a provision stating that, Beginning on the 3`d Monday in April, 2006, if no retired or disabled firefighter is available or the board for each municipality or fire willing to fill the relevant vacant board position, protection district shall consist of 5 members. another active firefighter shall be elected instead to fill Two members of the board shall be that vacancy. appointed by the mayor or president of the board of trustees of the municipality or fire Under the new law,the terms of all members protection district involved. Two members of of existing firefighter pension boards shall terminate the board shall be active pa�ticipants of the on April 17, 2006 (the third Monday), regardless of pension fund who are elected from the active ' whether such terms have been completed. Those .participants of the fund. One member of the members shall continue to exercise their powers and board shatl be a pe�son who is retired under be responsible for the duties of pension board the Firemen's Pension Fund Act of 1919 or members until aA newly elected board members can this A�ticle who is elected from persons take office. It is important for all current boards to retired under the Firemen's Pension Fund remain aware of the changeover date and,for ease of Act of 1919 or this Article. (40 ILCS 5/4-121) transition, ensure that no claims or matters are pending at the time of the April 2006 changeover. This amendment marks a significant change in the Thus,` boards must remember to schedule and composi6on of firefighter pension boards. Cu�rently, administer matters before the changeover date so the composition of a firefighter pension board is that all major issues are either resolved prior to dependent upon the type of fire service it supports. election day or are postponed untit after the new Different board compositions exist dependent upon board has taken office. whether the fire department is part of a city, a village, a town, or a township, or an independent fire After the initial election, however, all current protection district. The sizes of current boards range election practices and requirements remain intact. from eight members in a city to nine members i� a Elections will continue to be held on the third Monday village, a town or a township. Certain municipal of April in election years, and members will continue officials are automatically board members, but which to hold three-year terms. The provisions stating that a officials are seated on the board depends upon the special election is to be held should a board member type of municipal entity in question. fail to complete or be incapable of completing his or her term, as well as the provisions explaining how a Rather than require that certain public pensio� fund should be maintained should the officials have an automatic seat on the board, the relevant fire service be dissolved have not changed newly amended statute provides that two board with the new amendment. members be appointed by the mayor or municipal �../ � . Frequently asked questions Who may be appointed to the board? Who is the treasurer of the new board? The new law contains no restrictions as to The amendment did not change the who may or may not be appointed to the board. treasurer of the board and custodian of the pension There are no restrictions as to residency in the fund. Under Section 4-130 of the Illinois Pension municipality or as to whether the appointed member Code (40 ILCS 5/4-130), the treasurer o# the holds another office within the municipality. Section municipality or fire protection district shall continue to 3.1-10-6 of the Itlinois Municipat Code(65 ILCS 5/3.1- be the treasurer of the board, whether or not that 10-6) that restricts appointed municipal officers to individual is appointed as a member of the board. qualified electors and Section 3.1-15-15 (65 ILCS The treasurer shall continue to be responsible to 5/3.1-15-15) which restricts the mayor, president, secure and to safely keep the fund's assets, subject � aldeRnan, trustee, clerk, or treasurer from holding to the control and direction of the board.■ another office under the municipal government do not appear to apply(see 65 ILCS 5l3.1-15-15). However, there may be compatibility of office or conflict of interest issues that could arise in the future as specific appointments are made to the new boards. Are the tenns of office staggered? No. The amendment makes no provision for the staggering of the initial terms of office. Thus, all new members elected to the board shall hold office for a term of three (3) years. ("Each member of the boa�d so elected shall hold office for a term of 3 years a�d until his or her successor has been duly elected and qualified.") Note that the statute is silent as to the terms of the appointed members. Ottosen Trevarthen Britz Kelly & Cooper, Ltd.'s Client Alert is issued periodically to keep its clients and other interested parties informed of legal developments that may affect or othervvise be of interest to its readers. Due to the general nature of its contents, the comments herein do not constitute legal advice and should not be regarded as a substitute for detailed advice regarding a specific set of facts. Questions regarding any items should be directed to: OTTOSEN TREVARTHEN BRITZ KELLY&COOPER, LTD. 300 S.County Farm Road,Third Floor Wheaton, Illinois 60187 www.otbkc.com (630)682-0085 FAX(630)682-0788 Carolyn Welch Clifford, Editor cclifford@otbkc.com Copyright 2005 by OTTOSEN TREVARTHEN BRITZ KELLY&COOPER, LTD. All rights reserved. Pursuant to Rules 7.2-7.4 of the Illinois Rules of Professional Conduct, this publication may constitute advertising material. � Printed on recycled paper.