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91_SB1103
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1 AN ACT to amend the Illinois Pension Code by changing
2 Section 1-113.5
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Pension Code is amended by
6 changing Section 1-113.5 as follows:
7 (40 ILCS 5/1-113.5)
8 Sec. 1-113.5. Investment advisers and investment
9 services.
10 (a) The board of trustees of a pension fund may appoint
11 investment advisers as defined in Section 1-101.4. The board
12 of any pension fund investing in common or preferred stock
13 under Section 1-113.4 shall appoint an investment adviser
14 before making such investments.
15 The investment adviser shall be a fiduciary, as defined
16 in Section 1-101.2, with respect to the pension fund and
17 shall be one of the following:
18 (1) an investment adviser registered under the
19 federal Investment Advisers Act of 1940 who meets any
20 applicable requirements of the Illinois Securities Law of
21 1953 or is registered under and the Illinois Securities
22 Law of 1953;
23 (2) a bank or trust company authorized to conduct a
24 trust business in Illinois;
25 (3) a life insurance company authorized to transact
26 business in Illinois; or
27 (4) an investment company as defined and registered
28 under the federal Investment Company Act of 1940 and
29 registered under the Illinois Securities Law of 1953.
30 (b) All investment advice and services provided by an
31 investment adviser appointed under this Section shall be
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1 rendered pursuant to a written contract between the
2 investment adviser and the board, and in accordance with the
3 board's investment policy.
4 The contract shall include all of the following:
5 (1) acknowledgement in writing by the investment
6 adviser that he or she is a fiduciary with respect to the
7 pension fund;
8 (2) the board's investment policy;
9 (3) full disclosure of direct and indirect fees,
10 commissions, penalties, and any other compensation that
11 may be received by the investment adviser, including
12 reimbursement for expenses; and
13 (4) a requirement that the investment adviser
14 submit periodic written reports, on at least a quarterly
15 basis, for the board's review at its regularly scheduled
16 meetings. All returns on investment shall be reported as
17 net returns after payment of all fees, commissions, and
18 any other compensation.
19 (c) Within 30 days after appointing an investment
20 adviser, the board shall submit a copy of the contract to the
21 Department of Insurance.
22 (d) Investment services provided by a person other than
23 an investment adviser appointed under this Section, including
24 but not limited to services provided by the kinds of persons
25 listed in items (1) through (4) of subsection (a), shall be
26 rendered only after full written disclosure of direct and
27 indirect fees, commissions, penalties, and any other
28 compensation that shall or may be received by the person
29 rendering those services.
30 (e) The board of trustees of each pension fund shall
31 retain records of investment transactions in accordance with
32 the rules of the Department of Insurance.
33 (Source: P.A. 90-507, eff. 8-22-97.)
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1 Section 99. Effective date. This Act takes effect upon
2 becoming law.