Public Act 094-0685
HB0911 Enrolled LRB094 03826 JAM 33837 b

    AN ACT concerning government.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Intergovernmental Cooperation Act is
amended by changing Section 6 as follows:
    (5 ILCS 220/6)  (from Ch. 127, par. 746)
    Sec. 6. Joint self-insurance. An intergovernmental
contract may, among other undertakings, authorize public
agencies to jointly self-insure and authorize each public
agency member of the contract to utilize its funds to pay to a
joint insurance pool its costs and reserves to protect, wholly
or partially, itself or any public agency member of the
contract against liability or loss in the designated insurable
area. A joint insurance pool shall have an annual audit
performed by an independent certified public accountant and
shall file an annual audited financial report with the Director
of Insurance no later than 150 days after the end of the pool's
immediately preceding fiscal year. The Director of Insurance
shall issue rules necessary to implement this audit and report
requirement. The rule shall establish the due date for filing
the initial annual audited financial report. Within 30 days
after January 1, 1991, and within 30 days after each January 1
thereafter, public agencies that are jointly self-insured to
protect against liability under the Workers' Compensation Act
and the Workers' Occupational Diseases Act shall file with the
Illinois Workers' Compensation Commission a report indicating
an election to self-insure.
    For purposes of this Section, "public agency member" means
any public agency defined or created under this Act, any local
public entity as defined in Section 1-206 of the Local
Governmental and Governmental Employees Tort Immunity Act, and
any public agency, authority, instrumentality, council, board,
service region, district, unit, bureau, or, commission, or any
municipal corporation, college, or university, whether
corporate or otherwise, and any other local governmental body
or similar entity that is presently existing or created after
the effective date of this amendatory Act of the 92nd General
Assembly, whether or not specified in this Section. Only public
agency members with tax receipts, tax revenues, taxing
authority, or other resources sufficient to pay costs and to
service debt related to intergovernmental activities described
in this Section, or public agency members created by or as part
of a public agency with these powers, may enter into contracts
or otherwise associate among themselves as permitted in this
    No joint insurance pool or other intergovernmental
cooperative offering health insurance shall interfere with the
statutory obligation of any public agency member to bargain
over or to reach agreement with a labor organization over a
mandatory subject of collective bargaining as those terms are
used in the Illinois Public Labor Relations Act. No
intergovernmental contract of insurance offering health
insurance shall limit the rights or obligations of public
agency members to engage in collective bargaining, and it shall
be unlawful for a joint insurance pool or other
intergovernmental cooperative offering health insurance to
discriminate against public agency members or otherwise
retaliate against such members for limiting their
participation in a joint insurance pool as a result of a
collective bargaining agreement.
    It shall not be considered a violation of this Section for
an intergovernmental contract of insurance relating to health
insurance coverage, life insurance coverage, or both to permit
the pool or cooperative, if a member withdraws employees or
officers into a union-sponsored program, to re-price the costs
of benefits provided to the continuing employees or officers
based upon the same underwriting criteria used by that pool or
cooperative in the normal course of its business, but no member
shall be expelled from a pool or cooperative if the continuing
employees or officers meet the general criteria required of
other members.
(Source: P.A. 92-530, eff. 2-8-02; 93-721, eff. 1-1-05.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 11/2/2005