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Public Act 094-0685
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| HB0911 Enrolled |
LRB094 03826 JAM 33837 b |
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AN ACT concerning government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Intergovernmental Cooperation Act is |
amended by changing Section 6 as follows:
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(5 ILCS 220/6) (from Ch. 127, par. 746)
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Sec. 6. Joint self-insurance. An intergovernmental |
contract may, among
other undertakings,
authorize public |
agencies to jointly self-insure and authorize each public
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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.
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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, |
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service region,
district,
unit, bureau,
or, commission, or any |
municipal corporation, college, or university, whether
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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
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Assembly,
whether or not specified in this Section.
Only public |
agency members with tax receipts, tax revenues, taxing
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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 |
Section.
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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.
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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 |