Full Text of SB1613 97th General Assembly
SB1613eng 97TH GENERAL ASSEMBLY |
| | SB1613 Engrossed | | LRB097 07600 JDS 47711 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 changing | 5 | | 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. | 9 | | (a) Every retirement system, pension fund, or other system | 10 | | or fund established under this Code, other than a retirement | 11 | | system established under Article 2, 14, 15, 16, or 18 of this | 12 | | Code or the investment board established under Article 22A of | 13 | | this Code, must indemnify and protect the trustees against all | 14 | | damage claims and suits, including defense thereof, when | 15 | | damages are sought for negligent or wrongful acts alleged to | 16 | | have been committed in the scope of their powers and duties as | 17 | | trustees. | 18 | | Every retirement system established under Article 2, 14, | 19 | | 15, 16, or 18 of this Code may indemnify and protect the | 20 | | trustees against all damage claims and suits, including defense | 21 | | thereof, when damages are sought for negligent or wrongful acts | 22 | | alleged to have been committed in the scope of their powers and | 23 | | duties as trustees. |
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| 1 | | The investment board established under Article 22A of this | 2 | | Code may indemnify and protect its members against all damage | 3 | | claims and suits, including defense thereof, when damages are | 4 | | sought for negligent or wrongful acts alleged to have been | 5 | | committed in the scope of their powers and duties as members. | 6 | | Notwithstanding any other provision of this subsection | 7 | | (a), trustees and board members shall not be indemnified for | 8 | | willful misconduct and gross negligence. | 9 | | (b) Except as provided in subsection (a), every Every | 10 | | retirement system, pension
fund or other system or fund | 11 | | established under this Code may indemnify and
protect the | 12 | | trustees, staff and consultants against all damage claims
and | 13 | | suits, including defense thereof, when damages are sought for | 14 | | negligent
or wrongful acts alleged to have been committed in | 15 | | the scope of employment
or under the direction of the trustees. | 16 | | However, the trustees, staff and
consultants shall not be | 17 | | indemnified for willful wilful misconduct and gross | 18 | | negligence.
Each board is authorized to insure against loss or | 19 | | liability of the trustees,
staff and consultants which may | 20 | | result from these damage claims. This insurance
shall be | 21 | | carried in a company which is licensed to write such coverage | 22 | | in this State.
| 23 | | (Source: P.A. 80-1364.)
| 24 | | Section 90. The State Mandates Act is amended by adding | 25 | | Section 8.35 as follows: |
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| 1 | | (30 ILCS 805/8.35 new) | 2 | | Sec. 8.35. 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 97th General Assembly.
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.
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