Illinois Compiled Statutes
Information maintained by the Legislative
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process.
Recent laws may not yet be included in the ILCS database, but they are found on this site as Public
soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the
Because the statute database is maintained primarily for legislative drafting purposes,
statutory changes are sometimes included in the statute database before they take effect.
If the source note at the end of a Section of the statutes includes a Public Act that has
not yet taken effect, the version of the law that is currently in effect may have already
been removed from the database and you should refer to that Public Act to see the changes
made to the current law.
40 ILCS 5/1A-104
(40 ILCS 5/1A-104)
Examinations and investigations.
(a) Except as described in the following paragraph with respect to pension funds established under Article 3 or 4 of this Code, the Division shall make periodic examinations and investigations of all
pension funds established under this Code and maintained for the benefit of
employees and officers of governmental units in the State of Illinois.
However, in lieu of making an examination and investigation, the Division
may accept and rely upon a report of audit or examination of any pension fund
made by an independent certified public accountant pursuant to the provisions
of the Article of this Code governing the pension fund. The acceptance of the
report of audit or examination does not bar the Division from making a further
audit, examination, and investigation if deemed necessary by the Division.
For pension funds established under Article 3 or 4 of this Code: (i) prior to the conclusion of the transition period, the Division shall make the periodic examinations and investigations described in the preceding paragraph; and (ii) after the conclusion of the transition period, the Division may accept and rely upon a report of audit or examination of such pension fund made by an independent certified public accountant retained by the Consolidated Fund. The acceptance of the report of audit or examination does not bar the Division from making a further audit, examination, and investigation if deemed necessary by the Division.
The Department may implement a flexible system of examinations under
which it directs resources as it deems necessary or appropriate. In
consultation with the pension fund being examined, the Division may retain
attorneys, independent actuaries, independent certified public accountants, and
other professionals and specialists as examiners, the cost of which (except in
the case of pension funds established under Article 3 or 4) shall be borne by
the pension fund that is the subject of the examination.
(b) The Division or the Consolidated Fund, as appropriate, shall examine or investigate each pension fund established
under Article 3 or Article 4 of this Code. The schedule of each examination shall be such that each fund shall be examined once every 3 years.
Each examination shall include the following:
(1) an audit of financial transactions, investment
policies, and procedures;
(2) an examination of books, records, documents,
files, and other pertinent memoranda relating to financial, statistical, and administrative operations;
(3) a review of policies and procedures maintained
for the administration and operation of the pension fund;
(4) a determination of whether or not full effect is
being given to the statutory provisions governing the operation of the pension fund;
(5) a determination of whether or not the
administrative policies in force are in accord with the purposes of the statutory provisions and effectively protect and preserve the rights and equities of the participants;
(6) a determination of whether or not proper
financial and statistical records have been established and adequate documentary evidence is recorded and maintained in support of the several types of annuity and benefit payments being made; and
(7) a determination of whether or not the
calculations made by the fund for the payment of all annuities and benefits are accurate.
In addition, the Division or the Consolidated Fund, as appropriate, may conduct investigations, which shall be
identified as such and which may include one or more of the items listed in
A copy of the report of examination or investigation as prepared by the
Division or the Consolidated Fund, as appropriate, shall be submitted to the secretary of the board of trustees of the
pension fund examined or investigated and to the chief executive officer of the municipality. The Director, upon request, shall grant
a hearing to the officers or trustees of the pension fund and to the officers or trustees of the Consolidated Fund, as appropriate, or their duly
appointed representatives, upon any facts contained in the report of
examination. The hearing shall be conducted before filing the report or making
public any information contained in the report. The Director may withhold the
report from public inspection for up to 60 days following the hearing.
(Source: P.A. 101-610, eff. 1-1-20.)