ILCS » Chapter 40 · Act 5
Illinois Compiled Statutes

40 ILCS 5/1-107 (2026)

Indemnification of trustees, consultants, and employees of retirement systems and pension funds

✓ current as of May 2026
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(40 ILCS 5/1-107) (from Ch. 108 1/2, par. 1-107)
    Sec. 1-107. Indemnification of trustees, consultants, and employees of retirement systems and pension funds. Every retirement system, pension fund, or other system or fund established under this Code shall indemnify and protect the trustees and staff against all damage claims and suits, including the defense thereof, when damages are sought for negligent or wrongful acts alleged to have been committed in the scope of employment or under the direction of the trustees. Every retirement system, pension fund, or other system or fund established under this Code may indemnify and protect its consultants against all damage claims and suits, including the defense thereof, when damages are sought for negligent or wrongful acts alleged to have been committed in the scope of employment or under the direction of the trustees. However, the trustees, staff, and consultants shall not be indemnified for willful misconduct and gross negligence. Each board is authorized to insure against loss or liability of the trustees, staff and consultants which may result from these damage claims. This insurance shall be carried in a company which is licensed to write such coverage in this State.
(Source: P.A. 104-284, eff. 1-1-26.)

    
Notes of Decisions
Cited in 2 cases, 2014–2014 · leading case: People ex rel. Madigan v. Burge, 2014 IL 115635 (Ill. 2014).
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People ex rel. Madigan v. Burge, 2014 IL 115635 (Ill. 2014). “40 ILCS 5/1-107 (West 2012). It likewise provides that a board may not indemnify trustees for “wilful misconduct and gross negligence.”
People v. Burge, 2014 IL 115635 (Ill. 2014). “40 ILCS 5/1-107 (West 2012). It likewise provides that a board may not indemnify trustees for “wilful misconduct and gross negligence.”
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