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(40 ILCS 5/1-108) (from Ch. 108 1/2, par. 1-108)
Sec. 1-108.
(a) In any proceeding commenced against an employee of a pension
fund, alleging a civil wrong arising out of any act or omission occurring
within the scope of the employee's pension fund employment, unless the court
or the jury finds that the conduct which gave rise to the claim was intentional,
wilful or wanton misconduct, the pension fund shall indemnify the employee
for any damages awarded and court costs and attorneys' fees assessed as
part of any final and unreversed judgment and any attorneys' fees, court
costs and litigation expenses incurred by the employee in defending the
claim. In any such proceeding if a majority of the board or trustees who
are not a party to the action determine that the conduct which gave rise
to the claim was not intentional, wilful or wanton misconduct, the board
or trustees may agree to settlement of the proceeding and the pension fund
shall indemnify the employee for any damages, court costs and attorneys'
fees agreed to as part of the settlement and any attorneys' fees, court
costs and litigation expenses incurred in defending the claim.
(b) No employee of a pension fund shall be entitled to indemnification
under this Section unless within 15 days after receipt by the employee of
service of process, he shall give written notice of such proceeding to the pension fund.
(c) Each pension fund may insure against loss or liability of employees
which may arise as a result of these claims. This insurance shall be carried
by a company authorized to provide such coverage in this State.
(d) Nothing contained or implied in this Section shall operate, or be
construed or applied, to deprive the State or a pension fund, or any other
employee thereof, of any immunity or any defense heretofore available.
(e) This Section shall apply regardless of whether the employee is sued
in his or her individual or official capacity.
(f) This Section shall not apply to claims for bodily injury or damage
to property arising from motor vehicle crashes.
(g) This Section shall apply to all proceedings filed on or after its
effective date, and to any proceeding pending on its effective date, if
the pension fund employee gives notice to the pension fund within 30 days
of the Act's effective date.
(Source: P.A. 102-982, eff. 7-1-23.)
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