State of Illinois
91st General Assembly
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Public Act 91-0131

SB98 Enrolled                                 LRB9101012JSpcA

    AN ACT to amend the Illinois Credit Union Act by changing
Sections 5 and 42.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.   The Illinois Credit Union Act is amended by
changing Sections 5 and 42 as follows:

    (205 ILCS 305/5) (from Ch. 17, par. 4406)
    Sec. 5. Place of business.
    (1) A credit union may  change  its  principal  place  of
business  within this State upon 45 days prior written notice
to approval of the Department, provided that a  credit  union
with a neighborhood or community common bond may not relocate
its  principal  place of business outside of its neighborhood
or community the Director's approval shall be based upon  the
same criteria as for the formation of a new credit union.
    (2)  A  credit  union  may share office space with one or
more credit unions and contract  with  any  person,  firm  or
corporation,  including  another  credit  union,  to  provide
facilities or personnel.
(Source: P.A. 81-329.)

    (205 ILCS 305/42) (from Ch. 17, par. 4443)
    Sec. 42.  Shares in trust.
    (1)  Shares may be issued in trust to a member as trustee
or  to  an  individual  or corporate trustee.  If a corporate
trustee is a bank or trust company, shares may be  issued  to
the  corporate  trustee only if such bank or trust company is
organized under the laws of the State of  Illinois  or  is  a
nationally chartered bank located principally in the State of
Illinois.   An  individual  trustee  shall be a member of the
credit union unless the  person  establishing  the  trust  in
respect  to  which such shares are issued or each beneficiary
of the trust is a member of the credit union and the name  of
each  beneficiary  is  disclosed to the credit union.  Shares
may also be issued in the name of an individual or  corporate
representative  under  the  Illinois  Probate  Act of 1975 as
amended, for or in respect to a member  of  a  credit  union.
Shares may also be issued in trust under the Illinois Funeral
or  Burial  Funds  Act,  for  or  in respect to a member of a
credit union, to a trustee licensed  under  said  Act.    Any
credit union which issues shares in trust as provided in this
Section  must  be  insured  by  the  NCUA or another approved
insurer.  No trustee or beneficiary, unless a member  in  his
own  right,  shall  be  permitted to vote, obtain loans, hold
office or be required to pay an entrance or  membership  fee.
Payment  of  part  or  all  of such shares to such trustee or
member shall, to the extent of such  payment,  discharge  the
liability   of  the  credit  union  to  the  member  and  the
beneficiary and the credit union shall be under no obligation
to see to the application of such payment.
    (2)  If a credit union's shares are insured  as  provided
for in this Act, such credit union shall have power to act as
trustee  or custodian under individual retirement accounts or
plans established  pursuant  to  Section  401(d)  or  (f)  or
Section  408(a)  of  the  Internal  Revenue Code and any laws
amendatory or supplementary thereto for its members or groups
or organizations of its members provided the  funds  of  such
accounts  or  plans are invested solely in (1) share accounts
of, or (2) share accounts  and  obligations  issued  by  such
credit  union.   All  funds  held  in such fiduciary capacity
shall be maintained in accordance  with  applicable  statutes
and  regulations  promulgated  thereunder  by  any  authority
exercising   jurisdiction   over  such  trusts  or  custodial
accounts.
    (3)  Notwithstanding any language to the contrary in this
Section 42, a credit union may act as trustee or custodian of
individual  retirement  plans  of  its  members   established
pursuant  to  the  Employee Retirement Income Security Act of
1974 or self-employed retirement plans  established  pursuant
to  the Self-Employed Individuals Retirement Act of 1962, and
any laws amendatory or supplementary to such  Acts,  provided
that:
    (a)  All  contributions  of funds are initially made to a
share account in the credit union;
    (b)  Any subsequent transfer of funds to other assets  is
solely  at  the  direction of the member and the credit union
performs  only  custodial  duties,  exercises  no  investment
discretion and provides no investment advice with respect  to
plan assets;
    (c)  The  member  is  notified  of  the  fact  that share
insurance  coverage  is  limited  to  funds  held  in   share
accounts; and
    (d)  The   credit  union  complies  with  all  applicable
provisions of this Act and applicable laws and regulations as
may be promulgated by any authority  exercising  jurisdiction
over such trust or custodial accounts.
(Source: P.A. 85-1273.)

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

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