SB1980 102ND GENERAL ASSEMBLY

LRB102 13189 RPS 18533 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1980

Introduced 2/26/2021, by Sen. Laura Fine

SYNOPSIS AS INTRODUCED:

40 ILCS 5/1-115	from Ch. 108 1/2, par. 1-115
30 ILCS 805/8.45 new

Amends the General Provisions Article of the Illinois Pension Code. Provides that in any action by a participant or beneficiary arising under the Code or Article XIII, Section 5 of the Illinois Constitution in which there is at issue the payment of benefits due to a participant or beneficiary, the court, in its discretion, may allow either party to recover reasonable attorney's fees and the costs of the action. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

FISCAL NOTE ACT MAY APPLY

PENSION IMPACT NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning public employee benefits.

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

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

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

Sec. 1-115. Civil enforcement; attorney's fees.

(a) A civil action may be brought by the Attorney General or by a participant, beneficiary or fiduciary in order to:

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

(2) enjoin (b) Enjoin any act or practice which violates any provision of this Code; or

(3) obtain (c) Obtain other appropriate equitable relief to redress any such violation or to enforce any such provision.

Notwithstanding any other provision of the Administrative Review Law or this Code to the contrary, a civil action may be brought by the Attorney General to enjoin the payment of benefits under this Code to any person who is convicted of any felony relating to or arising out of or in connection with that person's service as an employee under this Code.

(b) In any action by a participant or beneficiary arising under this Code or Article XIII, Section 5 of the Illinois Constitution in which there is at issue the payment of benefits due to a participant or beneficiary, the court, in its discretion, may allow either party to recover reasonable attorney's fees and the costs of the action.

(Source: P.A. 98-1137, eff. 6-1-15.)

Section 90. The State Mandates Act is amended by adding Section 8.45 as follows:

(30 ILCS 805/8.45 new)

Sec. 8.45. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 102nd General Assembly.

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