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Public Act 094-0685 |
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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, |
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 |
shall be expelled from a pool or cooperative if the continuing | ||
employees or officers meet the general criteria required of | ||
other members.
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(Source: P.A. 92-530, eff. 2-8-02; 93-721, eff. 1-1-05.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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