SB1961ham003 98TH GENERAL ASSEMBLY

Rep. Michael J. Madigan

Filed: 12/3/2013

09800SB1961ham003 LRB098 10237 RPM 50281 a

AMENDMENT TO SENATE BILL 1961

AMENDMENT NO. ______. Amend Senate Bill 1961, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Pension Code is amended by changing Sections 15-169 and 16-171 as follows:

(40 ILCS 5/15-169) (from Ch. 108 1/2, par. 15-169)

Sec. 15-169. To elect officers and appoint employees. To elect officers; to appoint a secretary and treasurer; to have a seal; to employ and fix the rate of pay of such actuarial, legal, clerical, audit, medical, or other services, or corporate trustee organized under the laws of this State with a capital of not less than $1,000,000, or investment counsel and other persons as shall be required for the efficient administration of the system. All actions brought by or against the board shall be prosecuted or defended by the Attorney General or by other counsel, as the board may decide. If the board pursues a mandamus action under Section 15-156 of this Code as amended by Senate Bill No. 1 of the 98th General Assembly in the form passed by the General Assembly, then the board may select the counsel of their choice.

(Source: P.A. 98-92, eff. 7-16-13.)

(40 ILCS 5/16-171) (from Ch. 108 1/2, par. 16-171)

Sec. 16-171. To sue and be sued. To sue and be sued in the name of the board. The board shall not be a corporation. The board may sue to protect any rights of the retirement system. All actions brought by or against the board shall be prosecuted or defended, as the case may be, by the Attorney General or other counsel. If the board pursues a mandamus action under Section 16-158.2 of this Code as amended by Senate Bill No. 1 of the 98th General Assembly in the form passed by the General Assembly, then the board may select the counsel of their choice.

(Source: P.A. 83-1440.)

Section 99. Effective date. This Act takes effect upon becoming law.".