Illinois 2025-2026 Regular Session

Illinois Senate Bill SB2282 Compare Versions

Only one version of the bill is available at this time.
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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2282 Introduced 2/7/2025, by Sen. Robert F. Martwick SYNOPSIS AS INTRODUCED: New Act Creates the Fiduciary Oversight Agency Act. Establishes the Fiduciary Oversight Agency within the Department of Insurance. Provides that the Agency shall be responsible for monitoring the operations of all public sector retirement plans in Illinois, including pensions and supplemental retirement plans, to ensure compliance with State laws and fiduciary standards. Grants the Agency the authority to enforce compliance with fiduciary standards and Illinois laws relating to public sector retirement plans through administrative sanctions, penalties, and corrective orders; conduct audits, investigations, and reviews of retirement plans, plan administrators, and other fiduciaries to ensure compliance with State laws and fiduciary standards; and initiate civil or administrative proceedings to address violations of fiduciary standards and enforce corrective actions or penalties as appropriate. Establishes reporting requirements for the Agency. LRB104 09619 BAB 19684 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2282 Introduced 2/7/2025, by Sen. Robert F. Martwick SYNOPSIS AS INTRODUCED: New Act New Act Creates the Fiduciary Oversight Agency Act. Establishes the Fiduciary Oversight Agency within the Department of Insurance. Provides that the Agency shall be responsible for monitoring the operations of all public sector retirement plans in Illinois, including pensions and supplemental retirement plans, to ensure compliance with State laws and fiduciary standards. Grants the Agency the authority to enforce compliance with fiduciary standards and Illinois laws relating to public sector retirement plans through administrative sanctions, penalties, and corrective orders; conduct audits, investigations, and reviews of retirement plans, plan administrators, and other fiduciaries to ensure compliance with State laws and fiduciary standards; and initiate civil or administrative proceedings to address violations of fiduciary standards and enforce corrective actions or penalties as appropriate. Establishes reporting requirements for the Agency. LRB104 09619 BAB 19684 b LRB104 09619 BAB 19684 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2282 Introduced 2/7/2025, by Sen. Robert F. Martwick SYNOPSIS AS INTRODUCED:
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55 Creates the Fiduciary Oversight Agency Act. Establishes the Fiduciary Oversight Agency within the Department of Insurance. Provides that the Agency shall be responsible for monitoring the operations of all public sector retirement plans in Illinois, including pensions and supplemental retirement plans, to ensure compliance with State laws and fiduciary standards. Grants the Agency the authority to enforce compliance with fiduciary standards and Illinois laws relating to public sector retirement plans through administrative sanctions, penalties, and corrective orders; conduct audits, investigations, and reviews of retirement plans, plan administrators, and other fiduciaries to ensure compliance with State laws and fiduciary standards; and initiate civil or administrative proceedings to address violations of fiduciary standards and enforce corrective actions or penalties as appropriate. Establishes reporting requirements for the Agency.
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1111 1 AN ACT concerning regulation.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 1. Short title. This Act may be cited as the
1515 5 Fiduciary Oversight Agency Act.
1616 6 Section 5. Findings. The General Assembly finds that:
1717 7 (1) Public sector pensions and retirement plans are
1818 8 critical to the financial security of a significant
1919 9 portion of the State's population. Numerous Illinois
2020 10 residents depend on public sector retirement plans,
2121 11 including pensions and supplemental plans, for their
2222 12 retirement security.
2323 13 (2) The State's public pension system holds hundreds
2424 14 of billions of dollars in assets, which must be carefully
2525 15 managed to ensure long-term stability. The Illinois
2626 16 pension system is one of the largest in the nation, with an
2727 17 estimated $400,000,000,000 in unfunded liabilities,
2828 18 underscoring the importance of sound fiduciary management
2929 19 and oversight.
3030 20 (3) Staying compliant with State laws and up-to-date
3131 21 with evolving regulations is crucial to safeguarding the
3232 22 integrity and trust of these retirement plans. Ensuring
3333 23 that public sector retirement plans adhere to fiduciary
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3737 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2282 Introduced 2/7/2025, by Sen. Robert F. Martwick SYNOPSIS AS INTRODUCED:
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4040 Creates the Fiduciary Oversight Agency Act. Establishes the Fiduciary Oversight Agency within the Department of Insurance. Provides that the Agency shall be responsible for monitoring the operations of all public sector retirement plans in Illinois, including pensions and supplemental retirement plans, to ensure compliance with State laws and fiduciary standards. Grants the Agency the authority to enforce compliance with fiduciary standards and Illinois laws relating to public sector retirement plans through administrative sanctions, penalties, and corrective orders; conduct audits, investigations, and reviews of retirement plans, plan administrators, and other fiduciaries to ensure compliance with State laws and fiduciary standards; and initiate civil or administrative proceedings to address violations of fiduciary standards and enforce corrective actions or penalties as appropriate. Establishes reporting requirements for the Agency.
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6868 1 standards and legal requirements promotes transparency,
6969 2 prevents mismanagement, and protects the interests of plan
7070 3 beneficiaries.
7171 4 Section 10. Purpose. The purpose of this Act is to
7272 5 establish a Fiduciary Oversight Agency tasked with monitoring
7373 6 and reviewing public sector retirement plans, including both
7474 7 pension and supplemental plans (such as 457 plans), to ensure
7575 8 compliance with State laws and fiduciary standards. The Agency
7676 9 shall also have enforcement authority to address any
7777 10 noncompliance with applicable laws and standards.
7878 11 Section 15. Definitions. As used in this Act:
7979 12 "Fiduciary Oversight Agency" or "the Agency" means the
8080 13 agency established by this Act within the Department of
8181 14 Insurance with responsibility for overseeing compliance with
8282 15 fiduciary standards in public sector retirement plans.
8383 16 "Public sector retirement plans" means retirement plans
8484 17 for public employees, including, but not limited to, pensions
8585 18 and supplemental plans (such as 457 plans).
8686 19 "Fiduciary standards" means the legal and ethical
8787 20 obligations under Illinois law requiring those who manage or
8888 21 control public sector retirement plans to act in the best
8989 22 interests of plan participants and beneficiaries, including
9090 23 adhering to prudent investment standards, disclosure, and
9191 24 reporting requirements.
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102102 1 Section 20. Agency and duties.
103103 2 (a) The Fiduciary Oversight Agency is hereby established
104104 3 within the Department of Insurance.
105105 4 (b) The Agency shall be responsible for monitoring the
106106 5 operations of all public sector retirement plans in Illinois,
107107 6 including pensions and supplemental retirement plans (such as
108108 7 457 plans), to ensure compliance with State laws and fiduciary
109109 8 standards.
110110 9 (c) The Agency shall:
111111 10 (1) Regularly review the operations of public sector
112112 11 retirement plans, including plans administered by the
113113 12 State, local governments, and other public entities, to
114114 13 ensure compliance with State laws and fiduciary standards.
115115 14 (2) Investigate complaints or reports of noncompliance
116116 15 with fiduciary standards or applicable laws related to
117117 16 public sector retirement plans.
118118 17 (3) Provide guidance, training, and educational
119119 18 resources to public sector retirement plan administrators,
120120 19 fiduciaries, and other stakeholders on legal and fiduciary
121121 20 obligations under Illinois law.
122122 21 (4) Issue reports and recommendations on improvements
123123 22 to public sector retirement plans to enhance compliance,
124124 23 transparency, and overall plan health.
125125 24 (5) Collaborate with other State agencies, local
126126 25 governments, and retirement plan administrators to
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137137 1 implement corrective actions when violations of fiduciary
138138 2 standards or laws are identified.
139139 3 (d) The Agency shall have the authority to:
140140 4 (1) enforce compliance with fiduciary standards and
141141 5 Illinois laws relating to public sector retirement plans
142142 6 through administrative sanctions, penalties, and
143143 7 corrective orders;
144144 8 (2) conduct audits, investigations, and reviews of
145145 9 retirement plans, plan administrators, and other
146146 10 fiduciaries to ensure compliance with State laws and
147147 11 fiduciary standards; and
148148 12 (3) initiate civil or administrative proceedings to
149149 13 address violations of fiduciary standards and enforce
150150 14 corrective actions or penalties as appropriate.
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