96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB4794

 

Introduced 1/12/2010, by Rep. Michael J. Zalewski

 

SYNOPSIS AS INTRODUCED:
 
40 ILCS 5/11-212.1 new
30 ILCS 805/8.34 new

    Amends the Chicago Laborers Article of the Illinois Pension Code. Requires the Laborers' and Retirement Board Employees' Annuity and Benefit Fund to indemnify and protect the trustees, staff, and consultants of the Fund against all damage claims and suits 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. Provides that the trustees, staff, and consultants shall not be indemnified for wilful misconduct or gross negligence. Authorizes the board to insure against loss or liability of the trustees, staff, and consultants that may result from these damage claims. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.


LRB096 15805 AMC 31046 b

FISCAL NOTE ACT MAY APPLY
PENSION IMPACT NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

HB4794 LRB096 15805 AMC 31046 b

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 adding
5 Section 11-212.1 as follows:
 
6     (40 ILCS 5/11-212.1 new)
7     Sec. 11-212.1. Indemnification of trustees, staff, and
8 consultants of the pension fund. The Fund established under
9 this Article shall indemnify and protect the trustees, staff,
10 and consultants against all damage claims and suits, including
11 defense thereof, when damages are sought for negligent or
12 wrongful acts alleged to have been committed in the scope of
13 employment or under the direction of the trustees. However, the
14 trustees, staff, and consultants shall not be indemnified for
15 wilful misconduct or gross negligence. The board is authorized
16 to insure against loss or liability of the trustees, staff, and
17 consultants that may result from these damage claims. This
18 insurance shall be carried in a company that is licensed to
19 write such coverage in this State.
 
20     Section 90. The State Mandates Act is amended by adding
21 Section 8.34 as follows:
 

 

 

HB4794 - 2 - LRB096 15805 AMC 31046 b

1     (30 ILCS 805/8.34 new)
2     Sec. 8.34. Exempt mandate. Notwithstanding Sections 6 and 8
3 of this Act, no reimbursement by the State is required for the
4 implementation of any mandate created by this amendatory Act of
5 the 96th General Assembly.
 
6     Section 99. Effective date. This Act takes effect upon
7 becoming law.