Sen. Laura Fine
Filed: 4/7/2021
 
 

 

 

 
10200SB1980sam001LRB102 13189 RPS 24727 a



1
AMENDMENT TO SENATE BILL 1980 




2    AMENDMENT NO. ______. Amend Senate Bill 1980 by replacing 
3everything after the enacting clause with the following:

 
4    "Section 5. The Illinois Pension Code is amended  by 
5changing Section 1-115 as follows:
 


6    (40 ILCS 5/1-115)  (from Ch. 108 1/2, par. 1-115)




7    Sec. 1-115. Civil enforcement. A civil action may be 
8brought by the
Attorney General or by a participant, 
9beneficiary or fiduciary in order to:

10        (a) Obtain appropriate relief under Section 1-114 of 
11    this Code;

12        (b) Enjoin any act or practice which violates any 
13    provision of this Code; or

14        (c) Obtain other appropriate equitable relief to 
15    redress any such violation
or to enforce any such 
16    provision.

 
 
10200SB1980sam001- 2 -LRB102 13189 RPS 24727 a

1    Upon motion, a court shall award reasonable attorney's 
2fees and costs, including expert witness fees and other 
3litigation expenses, to a plaintiff, participant, or 
4beneficiary who is a prevailing party in any action brought to 
5enforce a right arising under this Code or Article XIII, 
6Section 5 of the Illinois Constitution. 
7    Notwithstanding any other provision of the Administrative 
8Review Law or this Code to the contrary, a civil action may be 
9brought by the Attorney General to enjoin the payment of 
10benefits under this Code to any person who is convicted of any 
11felony relating to or arising out of or in connection with that 
12person's service as an employee under this Code. 
13(Source: P.A. 98-1137, eff. 6-1-15.)

 
14    Section 90. The State Mandates Act is amended by adding 
15Section 8.45 as follows:
 
16    (30 ILCS 805/8.45 new)
17    Sec. 8.45. Exempt mandate. Notwithstanding Sections 6 and 
188 of this Act, no reimbursement by the State is required for 
19the implementation of any mandate created by this amendatory 
20Act of the 102nd General Assembly.
 

21    Section 99. Effective date. This Act takes effect upon 
22becoming law.".