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| | 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. |
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| | | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
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| | A BILL FOR |
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| | SB1710 | | LRB104 11099 RPS 21181 b |
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| 1 | | AN ACT concerning public employee benefits. |
| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly: |
| 4 | | Section 5. The Illinois Pension Code is amended by |
| 5 | | changing 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 |
| 8 | | employees of retirement systems and pension funds. Every |
| 9 | | retirement system, pension fund, or other system or fund |
| 10 | | established under this Code shall may indemnify and protect |
| 11 | | the trustees, staff, and consultants against all damage claims |
| 12 | | and suits, including the defense thereof, when damages are |
| 13 | | sought for negligent or wrongful acts alleged to have been |
| 14 | | committed in the scope of employment or under the direction of |
| 15 | | the trustees. However, the trustees, staff and consultants |
| 16 | | shall not be indemnified for willful wilful misconduct and |
| 17 | | gross negligence. Each board is authorized to insure against |
| 18 | | loss or liability of the trustees, staff and consultants which |
| 19 | | may result from these damage claims. This insurance shall be |
| 20 | | carried in a company which is licensed to write such coverage |
| 21 | | in this State. |
| 22 | | (Source: P.A. 80-1364.) |