Special Memo 302

Special Memorandum 302

To: Authorized Agents of employers whose governing bodies retained voting authority in executive trustee elections
Re: Change in trustee election voting procedure for governing bodies

May 22, 2007

Our records indicate that your governing body has retained the authority to vote in IMRF executive trustee elections.

In previous elections, when a governing body cast a ballot, the clerk or other official signed a certification on the outside of the ballot return envelope. The signature certified that the ballot was voted properly.

Some Authorized Agents who had not been granted the authority to vote in a trustee election may have cast ballots in executive trustee elections.

Statutory requirements
According to the Illinois Pension Code:

“…The governing body … may delegate any or all of the following powers and duties to its authorized agent, but only if the agent is a member of the fund:

1. To file a petition for nomination of an executive trustee of the fund.
2. To cast the ballot for election of an executive trustee of the fund.

If a governing body does not authorize its agent to perform the powers and duties set forth in this paragraph (it) shall be performed by the governing body itself...”

An Authorized Agent can cast an executive trustee election ballot only if he or she is a member of IMRF and the Authorized Agent’s governing body has given the Agent such power on the “Notice of Appointment of Authorized Agent,” IMRF Form 2.20 (Form 2.30 for townships).

New voting procedures for governing bodies
Beginning with the 2007 executive trustee election, voting procedures for governing bodies will be as follows:

1. The ballot packet will be addressed to the governing body, e.g., Village Board, School Board, etc., instead of to the Authorized Agent.
2. The ballot packet will include voting instructions, candidate biographies, and a “ballot resolution” to be completed by the governing body. (IMRF Form 6.89, “Suggested Resolution to Cast a Ballot in the IMRF Executive Trustee Election,” see sample enclosed.)
3. 3The ballot resolution will be certified by the Clerk or Secretary of the Board and returned to IMRF.

We believe this change will result in compliance with the requirements of the Illinois Pension Code.

If a governing body wishes to grant voting authority to its Authorized Agent, it would complete a new IMRF Form 2.20 (Form 2.30 for townships). IMRF forms can be downloaded from the forms area of the IMRF website, www.imrf.org.