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110 ILCS 520/8a
(110 ILCS 520/8a) (from Ch. 144, par. 658a)
Sec. 8a.
(1) The Board shall provide each member of the Southern
Illinois University Police Department without cost to him public liability
insurance covering him for any liability which arises out of his employment
to the extent of the insurance policy limits which shall be not less than
$50,000.
(2) The Board shall have power to insure the Board, the universities under
Board jurisdiction, Board members, paid and unpaid employees of the Board,
and any students, volunteer workers, visiting faculty and professionals who
are agents of the Board in the performance or delivery of its programs or
services against claims, damages, losses, expenses and civil suits arising
out of statements, acts or omissions in the discharge of their duties,
which statements, acts or omissions do not involve intentional or willful
and wanton misconduct on the part of such persons; and to insure against
losses to real and personal property owned by the Board or in the actual or
constructive custody of the Board and for loss of income
from such real and personal property. The Board shall have power to defend,
hold harmless and
indemnify, in whole or in part, all persons as to whom any such insurance
is provided. Pursuant to its power to insure, the Board may establish
and accumulate reserves for payment
of such claims, damages, losses, expenses and civil suit awards
or obtain insurance affording
coverage for such matters. Reserves
established by the Board for the foregoing purpose shall be subject to the
following conditions:
(a) The amount of such reserves shall not exceed the amount necessary
and proper, based on past experience or independent actuarial determinations;
(b) All earnings derived from such reserves shall be considered part of
the reserves and may be used only for the same purposes for which the
reserves may be used;
(c) Reserves
may be used only for the purposes of making payments for civil
suits, claims, damages, losses and expenses, including attorneys fees,
claims investigation costs and actuarial studies associated with
liabilities arising out of statements, acts or omissions of individuals in
the discharge of their duties, which statements, acts or omissions do not
involve intentional or willful and wanton misconduct on the part of such
individuals, for payment of insurance premiums, and for the purposes of
making payments for losses resulting
from any insured peril;
(d) All funds collected for the purposes specified in paragraph (c) or
earmarked for such purposes must be placed in the reserves;
(e) Whenever the reserves have a balance in excess of what is necessary
and proper, then contributions, charges, assessments or other forms of
funding for the reserves shall be appropriately decreased.
(3) As to all claims, damages, losses, expenses and civil suits covered
by insurance provided by the Board or as to which the Board has not provided
insurance, to the extent permitted by law, sovereign immunity shall apply
and recourse shall be limited to the Court of Claims.
(4) When permitted by law to enter into an agreement with any unit of
government, institution of higher education, person, or corporation for the
use of property or the performance of any function, service or act, the
Board may agree to the sharing or allocation of liabilities and damages
resulting from such use of property or performance of any function, service
or act. Such agreement may provide for contribution or indemnification by
any or all of the parties to the agreement upon any liability arising out
of the performance of the agreement.
(Source: P.A. 84-1126.)
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