Bill Amendment: IL SB0638 | 2025-2026 | 104th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: LOCAL GOVERNMENT-TECH
Status: 2026-06-18 - Sent to the Governor [SB0638 Detail]
Download: Illinois-2025-SB0638-Senate_Amendment_001.html
Bill Title: LOCAL GOVERNMENT-TECH
Status: 2026-06-18 - Sent to the Governor [SB0638 Detail]
Download: Illinois-2025-SB0638-Senate_Amendment_001.html
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| 1 | AMENDMENT TO SENATE BILL 638 | ||||||
| 2 | AMENDMENT NO. ______. Amend Senate Bill 638 by replacing | ||||||
| 3 | everything after the enacting clause with the following: | ||||||
| 4 | "Section 5. The Illinois Municipal Code is amended by | ||||||
| 5 | adding Section 10-4-1.5 as follows: | ||||||
| 6 | (65 ILCS 5/10-4-1.5 new) | ||||||
| 7 | Sec. 10-4-1.5. Other postemployment benefit trusts. | ||||||
| 8 | (a) As used in this Section, "OPEB trust" means an other | ||||||
| 9 | postemployment benefit trust established by a municipality for | ||||||
| 10 | the purpose of providing for the funding and payment of health | ||||||
| 11 | and other fringe benefits for retired or terminated employees | ||||||
| 12 | of the municipality or employees of the municipality with | ||||||
| 13 | disabilities or for their dependents and beneficiaries. | ||||||
| 14 | (b) If the moneys in the general fund of a municipality | ||||||
| 15 | exceed the municipality's operating expenses for the | ||||||
| 16 | immediately preceding calendar year, then the municipality may | ||||||
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| 1 | establish an OPEB trust or deposit moneys into an existing | ||||||
| 2 | OPEB trust. | ||||||
| 3 | (c) Trusts created by a municipality under this Section | ||||||
| 4 | are in addition to pension benefits provided by the | ||||||
| 5 | municipality for its employees under the Illinois Pension | ||||||
| 6 | Code. | ||||||
| 7 | (d) The OPEB trusts may employ such personnel and enter | ||||||
| 8 | into investment, advisory, or professional services or similar | ||||||
| 9 | contracts as deemed appropriate by the corporate authorities | ||||||
| 10 | of the municipality and recommended by the Treasurer of the | ||||||
| 11 | municipality. | ||||||
| 12 | (e) The OPEB trusts may be established in a manner so as to | ||||||
| 13 | be exempt from taxation under the provisions of applicable | ||||||
| 14 | federal and State tax laws. | ||||||
| 15 | (f) The trustee of the OPEB trusts shall be the | ||||||
| 16 | municipality. The treasurer of the municipality and the | ||||||
| 17 | trustee shall be indemnified by the municipality to the | ||||||
| 18 | fullest extent permitted by law for their actions taken with | ||||||
| 19 | respect to the OPEB trust. | ||||||
| 20 | (g) The assets of an OPEB trust shall be managed by the | ||||||
| 21 | treasurer of the municipality in any manner, subject only to | ||||||
| 22 | the prudent investor standard and any requirements of | ||||||
| 23 | applicable federal law. The limitations of any other statute | ||||||
| 24 | affecting the investment of municipal funds shall not apply to | ||||||
| 25 | OPEB trusts. The trustee shall adopt an investment policy | ||||||
| 26 | consistent with the standards articulated in Section 2.5 of | ||||||
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| 1 | the Public Funds Investment Act. The investment policy shall | ||||||
| 2 | also provide for the availability of training. Funds of the | ||||||
| 3 | OPEB trusts may be used to pay for costs of administering the | ||||||
| 4 | OPEB trusts and for the benefits for which the trusts have been | ||||||
| 5 | established in accordance with the terms of the OPEB trust | ||||||
| 6 | documents.". | ||||||
