104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB1710

 

Introduced 2/5/2025, by Sen. Robert F. Martwick

 

SYNOPSIS AS INTRODUCED:
 
40 ILCS 5/1-107  from Ch. 108 1/2, par. 1-107
30 ILCS 805/8.49 new

    Amends the General Provisions Article of the Illinois Pension Code. Provides that every retirement system, pension fund, or other system or fund established under the Code shall (instead of may) indemnify and protect the trustees, staff, and consultants against all damage claims and suits, including the defense thereof, when damages are sought for negligent or wrongful acts alleged to have been committed in the scope of employment or under the direction of the trustees. Amends the State Mandates Act to require implementation without reimbursement.


LRB104 11099 RPS 21181 b

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
MAY APPLY

 

 

A BILL FOR

 

SB1710LRB104 11099 RPS 21181 b

1    AN ACT concerning public employee benefits.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Pension Code is amended by
5changing Section 1-107 as follows:
 
6    (40 ILCS 5/1-107)  (from Ch. 108 1/2, par. 1-107)
7    Sec. 1-107. Indemnification of trustees, consultants, and
8employees of retirement systems and pension funds. Every
9retirement system, pension fund, or other system or fund
10established under this Code shall may indemnify and protect
11the trustees, staff, and consultants against all damage claims
12and suits, including the defense thereof, when damages are
13sought for negligent or wrongful acts alleged to have been
14committed in the scope of employment or under the direction of
15the trustees. However, the trustees, staff and consultants
16shall not be indemnified for willful wilful misconduct and
17gross negligence. Each board is authorized to insure against
18loss or liability of the trustees, staff and consultants which
19may result from these damage claims. This insurance shall be
20carried in a company which is licensed to write such coverage
21in this State.
22(Source: P.A. 80-1364.)
 

 

 

SB1710- 2 -LRB104 11099 RPS 21181 b

1    Section 90. The State Mandates Act is amended by adding
2Section 8.49 as follows:
 
3    (30 ILCS 805/8.49 new)
4    Sec. 8.49. Exempt mandate. Notwithstanding Sections 6 and
58 of this Act, no reimbursement by the State is required for
6the implementation of any mandate created by this amendatory
7Act of the 104th General Assembly.