§87A-6  Term of a trustee; vacancy.  [See
explanatory note below.]  The term of office of each trustee shall be four
years; provided that a trustee may be reappointed for one additional
consecutive four-year term.



A vacancy on the board shall be filled in the
same manner as the trustee who vacated that position was nominated or
appointed; provided that the criteria used for nominating or appointing the
successor shall be the same criteria used for nominating or appointing the
person's predecessor; provided further that vacancies on the board for each
trustee position representing retirees and employee-beneficiaries appointed
under section 87A-5(1)(A) and (B) shall be filled by appointment of the
governor as follows:



(1)  If a vacancy occurs in one of the trustee
positions described in section 87A-5(1)(A), then the vacancy shall be appointed
from a list of two nominees submitted by the exclusive employee representative
from among the three largest exclusive employee representatives that does not
have a trustee among the three trustee positions;



(2)  If a vacancy occurs in a trustee position
described in section 87A-5(1)(B), then the vacancy shall be appointed from a
list of two nominees submitted by mutual agreement of the exclusive employee
representatives described in section 87A-5(1)(B); and



(3)  If a vacancy occurs in the retiree position
described in section 87A-5(1)(C), then the vacancy shall be appointed from a
list of two nominees submitted by mutual agreement of all eligible exclusive
employee representatives.



If by the end of a trustee's term the trustee
is not reappointed or the trustee's successor is not appointed, the trustee
shall serve until the trustee's successor is appointed. [L 2001, c 88, pt of
§1; am L 2005, c 250, §2]



 



Explanatory Note



 



  L 2005, c 250
amendment.  The legislature concluded that the governor's proclamation
indicating the governor's intent to return H.B. No. 1548 was constitutionally
defective and that said measure became law.  On July 13, 2005, the legislature
assigned Act 250 to H.B. No. 1548.  The attorney general has taken the position
that H.B. No. 1548 did not become law.