101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB2747
 
Introduced 2/4/2020, by Sen. Laura Fine
 
SYNOPSIS AS INTRODUCED:
 

 
  
40 ILCS 5/1-115  from Ch. 108 1/2, par. 1-115
30 ILCS 805/8.44 new

     Amends the General Provisions Article of the Illinois Pension Code. Provides that in any action by a participant or beneficiary arising under the Code or Article XIII, Section 5 of the Illinois Constitution in which there is at issue the payment of benefits due to a participant or beneficiary, the court, in its discretion, may allow either party to recover reasonable attorney's fees and the costs of the action. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
  


LRB101 17119 RPS 66519 b

FISCAL NOTE ACT MAY APPLY
PENSION IMPACT NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
 
 
A BILL FOR
 

  
SB2747LRB101 17119 RPS 66519 b


  
1    AN ACT concerning public employee benefits.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Illinois Pension Code is amended  by changing 
5Section 1-115 as follows:
 


6    (40 ILCS 5/1-115)  (from Ch. 108 1/2, par. 1-115)




7    Sec. 1-115. Civil enforcement; attorney's fees. 
8    (a) A civil action may be brought by the
Attorney General 
9or by a participant, beneficiary or fiduciary in order to:

10        (1) obtain (a) Obtain appropriate relief under Section 
11    1-114 of this Code;

12        (2) enjoin (b) Enjoin any act or practice which 
13    violates any provision of this Code; or

14        (3) obtain (c) Obtain other appropriate equitable 
15    relief to redress any such violation
or to enforce any such 
16    provision.

17    Notwithstanding any other provision of the Administrative 
18Review Law or this Code to the contrary, a civil action may be 
19brought by the Attorney General to enjoin the payment of 
20benefits under this Code to any person who is convicted of any 
21felony relating to or arising out of or in connection with that 
22person's service as an employee under this Code. 
23    (b) In any action by a participant or beneficiary arising 
 
 
SB2747- 2 -LRB101 17119 RPS 66519 b

1under this Code or Article XIII, Section 5 of the Illinois 
2Constitution in which there is at issue the payment of benefits 
3due to a participant or beneficiary, the court, in its 
4discretion, may allow either party to recover reasonable 
5attorney's fees and the costs of the action. 
6(Source: P.A. 98-1137, eff. 6-1-15.)

 
7    Section 90. The State Mandates Act is amended by adding 
8Section 8.44 as follows:
 
9    (30 ILCS 805/8.44 new)
10    Sec. 8.44. Exempt mandate. Notwithstanding Sections 6 and 8 
11of this Act, no reimbursement by the State is required for the 
12implementation of any mandate created by this amendatory Act of 
13the 101st General Assembly.
 
 
14    Section 99. Effective date. This Act takes effect upon 
15becoming law.