Bill Amendment: IL SB1980 | 2021-2022 | 102nd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: PEN CD-ATTORNEY'S FEES

Status: 2021-04-16 - Senate Committee Amendment No. 1 Rule 3-9(a) / Re-referred to Assignments [SB1980 Detail]

Download: Illinois-2021-SB1980-Senate_Amendment_001.html

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Sen. Laura Fine

Filed: 4/7/2021

10200SB1980sam001 LRB102 13189 RPS 24727 a
AMENDMENT TO SENATE BILL 1980
AMENDMENT NO. ______. Amend Senate Bill 1980 by replacing
everything after the enacting clause with the following:
"Section 5. The Illinois Pension Code is amended by
changing Section 1-115 as follows:
(40 ILCS 5/1-115) (from Ch. 108 1/2, par. 1-115)
Sec. 1-115. Civil enforcement. A civil action may be
brought by the Attorney General or by a participant,
beneficiary or fiduciary in order to:
(a) Obtain appropriate relief under Section 1-114 of
this Code;
(b) Enjoin any act or practice which violates any
provision of this Code; or
(c) Obtain other appropriate equitable relief to
redress any such violation or to enforce any such
provision.

10200SB1980sam001 - 2 - LRB102 13189 RPS 24727 a
Upon motion, a court shall award reasonable attorney's
fees and costs, including expert witness fees and other
litigation expenses, to a plaintiff, participant, or
beneficiary who is a prevailing party in any action brought to
enforce a right arising under this Code or Article XIII,
Section 5 of the Illinois Constitution.
Notwithstanding any other provision of the Administrative
Review Law or this Code to the contrary, a civil action may be
brought by the Attorney General to enjoin the payment of
benefits under this Code to any person who is convicted of any
felony relating to or arising out of or in connection with that
person's service as an employee under this Code.
(Source: P.A. 98-1137, eff. 6-1-15.)
Section 90. The State Mandates Act is amended by adding
Section 8.45 as follows:
(30 ILCS 805/8.45 new)
Sec. 8.45. Exempt mandate. Notwithstanding Sections 6 and
8 of this Act, no reimbursement by the State is required for
the implementation of any mandate created by this amendatory
Act of the 102nd General Assembly.
Section 99. Effective date. This Act takes effect upon
becoming law.".