97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB0523

 

Introduced 2/8/2011, by Sen. John J. Cullerton

 

SYNOPSIS AS INTRODUCED:
 
40 ILCS 5/1-110  from Ch. 108 1/2, par. 1-110

    Amends the Illinois Pension Code. Makes a technical change in a Section concerning prohibited transactions.


LRB097 04257 JDS 44296 b

PENSION IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB0523LRB097 04257 JDS 44296 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 1-110 as follows:
 
6    (40 ILCS 5/1-110)  (from Ch. 108 1/2, par. 1-110)
7    Sec. 1-110. Prohibited Transactions.
8    (a) A fiduciary with respect to a retirement system,
9pension fund, or investment board shall not cause the the
10retirement system or pension fund to engage in a transaction if
11he or she knows or should know that such transaction
12constitutes a direct or indirect:
13        (1) Sale or exchange, or leasing of any property from
14    the retirement system or pension fund to a party in
15    interest for less than adequate consideration, or from a
16    party in interest to a retirement system or pension fund
17    for more than adequate consideration.
18        (2) Lending of money or other extension of credit from
19    the retirement system or pension fund to a party in
20    interest without the receipt of adequate security and a
21    reasonable rate of interest, or from a party in interest to
22    a retirement system or pension fund with the provision of
23    excessive security or an unreasonably high rate of

 

 

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1    interest.
2        (3) Furnishing of goods, services or facilities from
3    the retirement system or pension fund to a party in
4    interest for less than adequate consideration, or from a
5    party in interest to a retirement system or pension fund
6    for more than adequate consideration.
7        (4) Transfer to, or use by or for the benefit of, a
8    party in interest of any assets of a retirement system or
9    pension fund for less than adequate consideration.
10    (b) A fiduciary with respect to a retirement system or
11pension fund established under this Code shall not:
12        (1) Deal with the assets of the retirement system or
13    pension fund in his own interest or for his own account;
14        (2) In his individual or any other capacity act in any
15    transaction involving the retirement system or pension
16    fund on behalf of a party whose interests are adverse to
17    the interests of the retirement system or pension fund or
18    the interests of its participants or beneficiaries; or
19        (3) Receive any consideration for his own personal
20    account from any party dealing with the retirement system
21    or pension fund in connection with a transaction involving
22    the assets of the retirement system or pension fund.
23    (c) Nothing in this Section shall be construed to prohibit
24any trustee from:
25        (1) Receiving any benefit to which he may be entitled
26    as a participant or beneficiary in the retirement system or

 

 

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1    pension fund.
2        (2) Receiving any reimbursement of expenses properly
3    and actually incurred in the performance of his duties with
4    the retirement system or pension fund.
5        (3) Serving as a trustee in addition to being an
6    officer, employee, agent or other representative of a party
7    in interest.
8    (d) A fiduciary of a pension fund established under Article
93 or 4 shall not knowingly cause or advise the pension fund to
10engage in an investment transaction when the fiduciary (i) has
11any direct interest in the income, gains, or profits of the
12investment adviser through which the investment transaction is
13made or (ii) has a business relationship with that investment
14adviser that would result in a pecuniary benefit to the
15fiduciary as a result of the investment transaction.
16    Violation of this subsection (d) is a Class 4 felony.
17    (e) A board member, employee, or consultant with respect to
18a retirement system, pension fund, or investment board subject
19to this Code, except those whose investments are restricted by
20Section 1-113.2, shall not knowingly cause or advise the
21retirement system, pension fund, or investment board to engage
22in an investment transaction with an investment adviser when
23the board member, employee, consultant, or their spouse (i) has
24any direct interest in the income, gains, or profits of the
25investment adviser through which the investment transaction is
26made or (ii) has a relationship with that investment adviser

 

 

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1that would result in a pecuniary benefit to the board member,
2employee, or consultant or spouse of such board member,
3employee, or consultant as a result of the investment
4transaction. For purposes of this subsection (e), a consultant
5includes an employee or agent of a consulting firm who has
6greater than 7.5% ownership of the consulting firm.
7    Violation of this subsection (e) is a Class 4 felony.
8(Source: P.A. 95-950, eff. 8-29-08; 96-6, eff. 4-3-09.)