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Full Text of HB0727
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HB0727 - 104th General Assembly
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House Amendment 001
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB0727
Introduced 1/9/2025, by Rep. Emanuel "Chris" Welch
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.
LRB104 04620 RPS 14647 b
A BILL FOR
HB0727
LRB104 04620 RPS 14647 b
1
AN ACT concerning public employee benefits.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 5.
The Illinois Pension Code is amended by
5
changing Section 1-110 as follows:
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(40 ILCS 5/1-110)
(from Ch. 108 1/2, par. 1-110)
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Sec. 1-110.
Prohibited Transactions.
8
(a) A fiduciary with respect to a retirement system,
9
pension fund, or investment board shall not cause
the
the
10
retirement system or pension fund to engage in a transaction
11
if he or she knows or should know that such transaction
12
constitutes a direct or indirect:
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(1) Sale or exchange, or leasing of any property from
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the retirement system or pension fund to a party in
15
interest for less than adequate consideration, or from a
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party in interest to a retirement system or pension fund
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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
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reasonable rate of interest, or from a party in interest
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to a retirement system or pension fund with the provision
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of excessive security or an unreasonably high rate of
HB0727
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LRB104 04620 RPS 14647 b
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
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for more than adequate consideration.
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(4) Transfer to, or use by or for the benefit of, a
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party in interest of any assets of a retirement system or
9
pension fund for less than adequate consideration.
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(b) A fiduciary with respect to a retirement system or
11
pension fund established under this Code shall not:
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(1) Deal with the assets of the retirement system or
13
pension fund in his own interest or for his own account;
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(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
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the interests of the retirement system or pension fund or
18
the interests of its participants or beneficiaries; or
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(3) Receive any consideration for his own personal
20
account from any party dealing with the retirement system
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or pension fund in connection with a transaction involving
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the assets of the retirement system or pension fund.
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(c) Nothing in this Section shall be construed to prohibit
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any trustee from:
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(1) Receiving any benefit to which he may be entitled
26
as a participant or beneficiary in the retirement system
HB0727
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LRB104 04620 RPS 14647 b
1
or pension fund.
2
(2) Receiving any reimbursement of expenses properly
3
and actually incurred in the performance of his duties
4
with 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
7
party in interest.
8
(d) A fiduciary of a pension fund established under
9
Article 3 or 4 shall not knowingly cause or advise the pension
10
fund to engage in an investment transaction when the fiduciary
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(i) has any direct interest in the income, gains, or profits of
12
the investment adviser through which the investment
13
transaction is made or (ii) has a business relationship with
14
that investment adviser that would result in a pecuniary
15
benefit to the fiduciary as a result of the investment
16
transaction.
17
Violation of this subsection (d) is a Class 4 felony.
18
(e) A board member, employee, or consultant with respect
19
to a retirement system, pension fund, or investment board
20
subject to this Code, except those whose investments are
21
restricted by Section 1-113.2, shall not knowingly cause or
22
advise the retirement system, pension fund, or investment
23
board to engage in an investment transaction with an
24
investment adviser when the board member, employee,
25
consultant, or their spouse (i) has any direct interest in the
26
income, gains, or profits of the investment adviser through
HB0727
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LRB104 04620 RPS 14647 b
1
which the investment transaction is made or (ii) has a
2
relationship with that investment adviser that would result in
3
a pecuniary benefit to the board member, employee, or
4
consultant or spouse of such board member, employee, or
5
consultant as a result of the investment transaction. For
6
purposes of this subsection (e), a consultant includes an
7
employee or agent of a consulting firm who has greater than
8
7.5% ownership of the consulting firm.
9
Violation of this subsection (e) is a Class 4 felony.
10
(Source: P.A. 95-950, eff. 8-29-08; 96-6, eff. 4-3-09.)
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