Bill Text: IL SB0296 | 2021-2022 | 102nd General Assembly | Introduced

---

Bill Title: Amends the General Provisions Article of the Illinois Pension Code. Provides that every retirement system, pension fund, or other system or fund established under the Code shall (instead of may) indemnify and protect the trustees and staff (instead of the trustees, staff, and consultants) against all damage claims and suits, including the defense thereof, 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. Amends the State Mandates Act to require implementation without reimbursement by the State.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-02-19 - Referred to Assignments [SB0296 Detail]

Download: Illinois-2021-SB0296-Introduced.html

---

102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 SB0296 Introduced 2/19/2021, by Sen. Karina Villa SYNOPSIS AS INTRODUCED:
40 ILCS 5/1-107 from Ch. 108 1/2, par. 1-107
30 ILCS 805/8.45 new
Amends the General Provisions Article of the Illinois Pension Code. Provides that every retirement system, pension fund, or other system or fund established under the Code shall (instead of may) indemnify and protect the trustees and staff (instead of the trustees, staff, and consultants) against all damage claims and suits, including the defense thereof, 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. Amends the State Mandates Act to require implementation without reimbursement by the State.
LRB102 11536 RPS 16870 b
FISCAL NOTE ACT MAY APPLY PENSION IMPACT NOTE ACT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
A BILL FOR
SB0296 LRB102 11536 RPS 16870 b
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 1-107 as follows:
(40 ILCS 5/1-107) (from Ch. 108 1/2, par. 1-107)
Sec. 1-107. Indemnification of trustees, consultants and
employees of retirement systems and pension funds. Every
retirement system, pension fund or other system or fund
established under this Code shall may indemnify and protect
the trustees and , staff and consultants against all damage
claims and suits, including the defense thereof, 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. Every retirement system, pension fund, or other
system or fund established under this Code may indemnify and
protect consultants against all damage claims and suits,
including the defense thereof, 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. However, the trustees, staff and consultants shall
not be indemnified for wilful misconduct and gross negligence.
Each board is authorized to insure against loss or liability

SB0296 - 2 - LRB102 11536 RPS 16870 b
of the trustees, staff and consultants which may result from
these damage claims. This insurance shall be carried in a
company which is licensed to write such coverage in this
State.
(Source: P.A. 80-1364.)
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.