HomeMy WebLinkAboutPacket - 7/11/2023 - Police Pension Board
POLICE PENSION BOARD OF TRUSTEES
Tuesday, July 11, 2023, 9:00 AM
Municipal Center - 333 South Green Street
Public Conference Room
AGENDA
1. Call to Order
2. Roll Call
3. Public Input
4. Call for Nominations and Motion to Approve Annual Election of Board Officers
5. Action Items:
a) Motion to approve the Minutes from April 11, 2023
b) Semi-Annual Review of Executive Session Minutes and if necessary, motion to
approve, release, and/or maintain the confidentiality of any minutes based on
advice from legal counsel as presented
c) Motion to approve the payment of bills
d) Approve the renewal of the Fiduciary Liability Policy
e) Approve Police Pension Board Administrative Rules
f) Approve the Policy on Annual Affidavits of Continued Eligibility
g) Approve a three-year agreement with Lauterbach & Amen for Actuarial
Services
h) Approve a Resolution Appointing Pension Fund Authorized Agents
i) Extend the disability for Justin Debolt and Sean Klechak
j) Approve the pension application of Matthew Meyers, Trevor Pederson, and
Alex Lopez
k) Approve the retirement of Larry Popp
6. Discuss Pension Board Training
7. Motion to Adjourn
Police Pension Board of Trustees
Meeting Minutes
April 11, 2023
Call to Order
The regular meeting of the City of McHenry Police Pension Board of Trustees was called to order at 9:00
a.m. at McHenry City Hall, 333 S Green St, McHenry, IL.
Roll call:
Members present: President Jeffery Foerster, Sergeant Nick Clesen, , Jim Schmidt, Thomas Settles.
Members absent: Officer Robert Beaudoin. Others present: Monte Johnson, Carolyn Lynch
Public Input:
No members of the public were present to offer comments.
Approve the January 10, 2023 Regular Meeting Minutes
A motion was made by Thomas Settles and seconded by Jim Schmidt to approve minutes from January
10, 2023, with typos corrected. Roll Call Vote: 4-ayes: Jeff Foerster, Sergeant Clesen, Jim Schmidt,
Thomas Settles. 1-absent: Officer Robert Beaudoin. Motion carried.
Approve the payment of bills
Finance Director Carolyn Lynch reported that there were no bills to pay for this meeting.
Presentation and motion to approve the Treasurer’s Report
President Foerster explained that we don’t get a report until three weeks into the following month. The
numbers we see are basically a month and a half behind. From September 1st through February 28th, the
pool of investments showed we earned about 8%, which gets us back to about where we were at the
beginning of the fiscal year. A motion was made by Thomas Settles and seconded by Sergeant Clesen to
approve the Treasurer’s Report as submitted. Roll Call Vote: 4-ayes: Jeff Foerster, Sergeant Clesen, Jim
Schmidt, Thomas Settles. 1-absent: Officer Robert Beaudoin. Motion carried.
Approve a transfer of funds for expected expenses.
Finance Director Carolyn Lynch reported that we do not need to transfer funds at this time.
Approve the pension application of Cole Templin
A motion was made by Sergeant Clesen and seconded by Jim Schmidt to accept the pension application
of Cole Templin. Roll Call Vote: 4-ayes: Jeff Foerster, Sergeant Clesen, Jim Schmidt, Thomas Settles. 1-
absent: Officer Robert Beaudoin. Motion carried.
Approve Police Pension Board Administrative Rules
President Foerster explained that at the last meeting we approved to have Laura Goodloe to re-write
the rules since we no longer invest our funds. She came up with some other recommended changes we
should consider. It was suggested that we stagger elected positions for the pension board so that we
don’t have too many people leaving the board at one time. At the next election we can stagger the
terms so that one is for one year and one is for two years, and moving forward from then they would all
be for two years so that terms would be staggered.
It was also suggested that we send an affidavit to police pensioners to show that they are still alive to
receive their pension. This keeps us from sending pension checks to retirees that may have been
deceased and then trying to recapture that money. Another suggestion is to require a full IME for
disabled pensioners. A motion was made by Thomas Settles and seconded by Jim Schmidt to forward
the responses back to Laura Goodloe to finalize the Police Pension Board Administrative Rules.
Motion to Adjourn
A motion was made by Thomas Settles and seconded by Sergeant Clesen to adjourn at 9:45 a.m. Roll Call
Vote: 4-ayes: Jeff Foerster, Sergeant Clesen, Jim Schmidt, Thomas Settles. 1-absent: Officer Robert
Beaudoin. Motion carried.
______________________________
Monte Johnson, Recording Secretary
Invoice #2355716 Page 1 of 1
ACCOUNT NUMBER DATE
MCHEPOL-01 7/6/2023
BALANCE DUE ON AGENCY CODE
8/1/2023 855
AMOUNT PAID AMOUNT DUE
Alliant Insurance Services, Inc. 7787
$5,041.00PO Box 21874
New York, NY 10087-1874
Phone:(212) 344-2444 Fax:
City of McHenry Police Pension Fund Pay your Invoice via ACH
using AlliantPay:
333 S Green St
Mc Henry, IL 60050
https://billpay.alliant.com
Insured Payment Information Only
Client:City of McHenry Police Pension Fund Policy:Fiduciary Liability
Policy Number:MGL001215607 Effective:8/1/2023 to 8/1/2024
Insurance Carrier:Markel American Insurance Company
Item #Trans Eff Date Due Date Trans Description Amount.
9798990 8/1/2023 8/1/2023 RENB Renewal Fiduciary $5,041.00
Total Invoice Balance:$5,041.00
PLEASE MAIL A COPY OF THIS INVOICE WITH PAYMENT AND/OR INCLUDE CLIENT LOOKUP CODE/INV#/POLICY#
ACH/Wire Reference: Include your ten-digit Client Account Number and Invoice Number (both can be found in the top right of
this invoice). E-mail remittances to AccountsReceivable@alliant.com
REMITTANCE ADDRESS
Alliant Insurance Services, Inc. 7787
PO Box 21874
New York, NY 10087-1874
OVERNIGHT/COURIER ADDRESS
JPMorgan Chase – Lockbox Processing
Attn: Alliant Insurance Services, Inc. 7787/Lockbox 21874
4 Chase Metrotech Center
7th Floor East
Brooklyn, NY 11245
For ACH or Wire Transfer, please use the following information:
Alliant Insurance Services, Inc.
Routing Number (ACH Payment):322271627
Account Number:352137787
Routing Number (Wire Payment):021000021
SWIFT Code:CHASUS33
ACH/Wire Reference: Include your ten-digit Client Account Number and Invoice Number (both can be found in the top right of this invoice).
E-mail remittances to AccountsReceivable@alliant.com.
Pay your Invoice via ACH using AlliantPay https://billpay.alliant.com
IMPORTANT NOTICE: The Nonadmitted & Reinsurance reform act (NRRA) went into effect July 21, 2011. Accordingly, surplus lines tax rates and
regulations are subject to change which could result in an increase or decrease of the total surplus lines taxes and/or fees owed on this placement. If a
change is required, we will promptly notify you. Any additional taxes and/or fees due must be promptly remitted to Alliant Insurance Services, Inc.
IMPORTANT NOTICE: The Foreign Account Tax Compliance Act (FATCA) requires the notification of certain financial accounts to the United States Internal
Revenue Service. Alliant does not provide tax advice. Please contact your tax consultant for your obligations regarding FATCA.
Alliant embraces a policy of transparency with respect to its compensation from insurance transactions. Details on our compensation policy, including the
types of income Alliant may earn on a placement, are available at www.alliant.com. For a copy of our policy or for inquiries regarding compensation issues
pertaining to your account contact: Alliant Insurance Services, Inc., Attn: General Counsel, 701 B St., 6th Floor, San Diego, CA 92101.
GOV-1000-Q (03/2021)Page 1 of 2
ULLICO ORGANIZED LABOR PROTECTION GROUP, LLC
a voluntary membership organization operating pursuant to the Liability Risk Retention Act of 1986 and whose
principal office is: 1625 Eye Street NW, Washington, DC 20006
Insurance Quote Proposal
Governmental Liability Insurance Date Issued: 07/05/2023
Quote Number: MGL 0012156-08
Renewal of: MGL 0012156-07
Insurance Carrier:Markel American Insurance Company
Coverage:Governmental Fiduciary Liability Insurance Claims Made Policy Form GOV-
1000 (11/2014), Claims Expenses Inclusive
Insurance Representative: Ullico Casualty Group, LLC
8403 Colesville Road, 13th Floor
Silver Spring, MD 20910
Producer:Mesirow Insurance Services, Inc
Address:353 N Clark St
Chicago, IL 60654
Plan or Trust(s):City of McHenry Police Pension Fund
Address:333 S. Green Street
Mchenry, IL 60050
Policy Period:08/01/2023 to 08/01/2024
Prior & Pending Litigation Date: 08/01/2012
Option #1:
Limits of Liability:$1,000,000.00 Aggregate Limit of Liability for all Loss
Self-Insured Retention:$0.00 each Claim
Premium: $5,041.00 Base Premium
$0.00 Waiver of Recourse Premium
GOV-1000-Q (03/2021)Page 2 of 2
$0.00 Applicable Taxes/Fees
$5,041.00 Total Premium
COVERAGE EXTENSIONS:
$100,000.00 Sub-Limit of Liability for all Voluntary Compliance Program
Expenditures (included within and not in addition to the maximum
Aggregate Limit of Liability set forth in Item 04(a) of the Policy
Certificate.
COVERAGE DETAILS:
Trustee Claim Expense
$1,000,000 Sub-Limit
$0 Retention
THE FOLLOWING ENDORSEMENT(S) WILL ATTACH TO THE POLICY:
END NO./REF NO.ENDORSEMENT
1.MIL 1214 (09/17)
2.TRIA (06/15)
3.MPIL 1113-IL (04/18)
4.GOV-IL (09/15)
5.GOV-003 (05/19)
6.GOV-004 (03/21)
7.GOV-007 (05/19)
8.GOV-044 (06/15)
9.GOV-054 (05/16)
Trade or Economic Sanctions
Cap on Losses From Certified Acts of Terrorism
Notice To Policyholder Illinois Important Notice
Illinois Amendatory Endorsement
Removal of Statutory Indemnification Endorsement
Renewal Guarantee Year 1 of 2
Trustee Claims Expense Endorsement
Defense and Settlement Endorsement
Modification Endorsement
Commission:15%
CONDITIONS/COVERAGE SUBJECT TO:
Nothing else required
This quotation is valid for a period of thirty (30) days from the Issue Date shown above unless amended or withdrawn
by Markel American Insurance Company (Insurer), with or without cause, prior to its acceptance and binding,
and is subject to the terms and conditions of the policy(ies) to be issued. If the information supplied by the Trust or
Plan in the application changes between the date of the application for this insurance and the Effective Date of the
insurance or the time when the policy is bound (whichever is later), the Trust or Plan must immediately notify Insurer
in writing of such changes and the Insurer may withdraw or amend any outstanding quotations based upon such
changes.
Ullico Organized Labor Protection Group, LLC is administered by Ullico Casualty Group, LLC, a/k/a Ullico
Insurance Agency, LLC in CA. CA License #OH86030 and FL (Craig Arneson) License # A008437
s
GOV-1000 (11/2014) Page 1 of 13
Markel American Insurance Company
4521 Highwoods Parkway
Glen Allen, VA 23060
Governmental Fiduciary Liability Claims-Made Policy
IMPORTANT NOTICE: This is a Claims-Made Governmental Fiduciary Liability Policy
1. This policy does not become effective unless a Policy Certificate is issued to form a part of it.
2. This is a claims-made Governmental Fiduciary Liability Insurance Policy. The coverage afforded by this policy is
limited to liability for only those Claims first made during the Policy Period specified on the Policy Certificate
resulting from Wrongful Acts and which are subsequently reported to the Insurer as soon as practicable.
3. This is a policy with Claims Expenses included in the Limits of Liability. Claims Expenses shall reduce the
Limits of Liability up to 100%. This could result in the exhaustion of the Limits of Liability by the payment of
Claims Expenses, and the Insurer shall not be liable for any Loss after the exhaustion of the Limits of Liability.
4. Please review this policy carefully and discuss the coverage with your lawyer, insurance advisor, agent or broker.
GOV-1000 (11/2014) Page 2 of 13
Markel American Insurance Company
4521 Highwoods Parkway
Glen Allen, VA 23060
Governmental Fiduciary Liability Claims-Made Policy
Whenever the term Insured is used in this policy, it refers to any person or organization qualifying as such in Section IX.
Definition M. Whenever the terms “we,” “us,” “our” or “the Insurer” are used in this policy, they refer to Markel American
Insurance Company. Other defined terms are used throughout this policy. These terms appear in boldface type and are defined
in Section IX. Definitions.
In consideration of payment of premium and subject to the Policy Certificate, exclusions, limitations, conditions, provisions
and other terms of this policy, the Insurer agrees as follows:
Section I. Insuring Agreement
A. The Insurer shall pay on behalf of the Insured all Loss which the Insured becomes legally obligated to pay resulting
from any Claim first made against the Insured during the Policy Period, the Automatic Reporting Period or the
Extended Reporting Period (whichever is applicable) for a Wrongful Act.
B. The Insurer will pay on behalf of the Insureds those Voluntary Compliance Program Expenditures incurred by
the Insureds as a result of their participation in any Voluntary Compliance Program if such participation commences
during the Policy Period, the Automatic Reporting Period or the Extended Reporting Period (whichever is
applicable).
Section II. Defense and Settlement
A.If there exists any applicable statute, ordinance, regulation or agreement which provides for the defense of
any Claim to which this insurance applies at no specific additional cost to the Insureds or to the Insurer,
then the Insurer will not be obligated to assume the defense of the Insured, or of the investigation, defense
and/or settlement of any Claim, but the Insurer will have the right and shall be given the opportunity to
associate itself, at its own expense, in the investigation, defense and/or settlement of any such Claim which,
in the Insurer’s opinion, may give rise to liability on the part of the Insurer under this Policy.
B.In the absence of any statute, ordinance, regulation or agreement which provides for the defense of any
Claim as described in paragraph II.A above:
1. The Insurer will have the right and duty to defend any Claim covered by this policy, even if the
allegations in such Claim are groundless, false or fraudulent. Upon the exhaustion of the Limit of
Liability applicable to any Claim, the Insurer’s duty to defend such Claim will cease and, upon the
exhaustion of the Insurer’s maximum Aggregate Limit of Liability under this policy as set forth in
Item 04(a) of the Policy Certificate, the Insurer will thereafter have no duty or obligation to defend
or to continue to defend any Claim.
2. Subject to Section II.B.1 above, the Insureds will have the right to select defense counsel to defend
Claims against them, subject to the Insurer’s approval, such approval not to be unreasonably withheld,
and subject to such selected counsel’s compliance with applicable Litigation Management Guidelines.
The Insureds must, however, exercise this right in writing within thirty (30) days after first giving the
GOV-1000 (11/2014) Page 3 of 13
Insurer notice of the Claim with respect to which such counsel is to be retained. If the Insureds do
not inform the Insurer in writing of their intent to retain their own defense counsel within thirty (30)
days after providing notice of a Claim, the Insurer will have the right to appoint defense counsel to
represent the Insureds in connection with such Claim and to conduct the defense thereof.
C. Claim Expenses incurred by counsel retained by the Insureds pursuant to Section II.B.2 above, or by the
Insurer if the Insureds do not exercise their right to retain their own defense counsel, are part of and not
in addition to the applicable Limit of Liability as set forth in Item 04(a) of the Policy Certificate, and the
payment by the Insurer of such Claim Expenses will reduce, and may exhaust, the applicable Limit of
Liability under this policy.
D.The Insureds agree to provide the Insurer with all information, assistance and cooperation, which the
Insurer reasonably requests, and the Insureds further agree that, in the event of a Claim, they will do
nothing that may prejudice the Insurer’s position or actual or potential rights of recovery. At the Insurer’s
request, the Insureds will assist in the conduct of actions, suits or proceedings, including but not limited to
attending hearings, trials and depositions, securing and giving evidence and obtaining the attendance of
witnesses, and will assist in making settlements.
E.The Insureds agree not to settle any Claim, incur any Claim Expenses or otherwise assume any
contractual obligation or admit any liability with respect to any Claim without the Insurer’s written
consent, which consent will not be unreasonably withheld. The Insurer will not be liable for any settlement,
Claim Expenses, assumed obligation or admission to which it has not consented in writing.
F.The Insurer may, with the written consent of the Insured, propose or make any settlement offer or
compromise offer of a Claim we deem appropriate. If the Insured withholds consent to the Insurer’s
proposed offer or compromise of any Claim for any reason or unreasonably delays considering or acting
on such proposed offer or compromise, the Insurer’s liability for all Loss with respect to that Claim shall
not exceed the amount of the offer which the Insurer proposed to settle or compromise any Claim, plus
Claims Expenses accrued as of the date the Insured refused to consent to the proposed offer of settlement
or compromise of such Claim, subject to the applicable Limits of Liability stated in Item 04(a) of the
Policy Certificate.
G.If both Loss covered by this policy and Loss not covered by this policy are incurred, either because a Claim
against an Insured includes both covered and uncovered matters or because a Claim is made against both
an Insured and others, the Insurer shall allocate such amount between covered Loss and uncovered Loss
based upon relative legal exposures of such parties to such matters. Any amounts so reimbursed shall not
apply to or create any presumption of a fair and proper allocation of other amounts between covered Loss
and non-covered amounts.
Section III. Estates, Legal Representatives, and Spousal Liability
Subject to the Limit of Liability and the Policy Certificate, exclusions, conditions, limitations, provisions and other
terms of this policy, the coverage provided by this policy will extend to Claims made against:
A. The estate, heirs, legal representatives or assigns of any natural person Insured if such natural person Insured
is deceased, or the legal representatives or assigns of any natural person Insured if such natural person Insured
is incompetent, insolvent or bankrupt; and
B. The lawful spouse or domestic partner of a natural person Insured solely by reason of such spouse or domestic
partner’s status as such or such spouse or domestic partner’s ownership interest in property, which the claimant
seeks as recovery for liability of such natural person Insured.
All exclusions, conditions, limitations, provisions and other terms of this policy applicable to Claims against and
Loss incurred by any natural person Insured will also be applicable to Claims against and Loss incurred by their
estates, heirs, legal representatives, assigns, spouses and domestic partners. No coverage will be available under this
Section III., however, for any Loss, including Claims Expenses, arising from any act, error or omission committed
GOV-1000 (11/2014) Page 4 of 13
or attempted, or allegedly committed or attempted, by a natural person Insured’s estate, heir, legal representative,
assign, spouse or domestic partner.
Section IV. Exclusions
A. The Insurer will not be liable for any Loss on account of any Claim against any Insured based upon,
arising from, in consequence of, or in any way related to:
1. Any fact, circumstance or situation, which may reasonably be expected to result in a Claim, known by
any Insured, at any time prior to the Prior & Pending Litigation Date shown in Item 06 of the Policy
Certificate page. This exclusion shall not apply if the Prior and Pending Litigation Date is six or
more years prior to the Effective Date of this policy.
2. Any Claim or Loss, against an Insured, if written notice of such has been given to any Insured, or
previous carrier under any policy of a previous carrier, prior to the Effective Date of this policy.
3. Any deliberately dishonest, fraudulent or criminal act or omission or any intentional or willful
violation of any statute or regulation by the Insured; provided, however, that this exclusion shall not
apply to such Claim, or to the Insurer’s obligation to pay Claim Expenses regarding such Claim,
until an admission, plea agreement, judgment (including exhaustion of all appeals taken), or other
final adjudication adverse to the Insured shall establish such act, omission or violation.
4. Any actual or alleged Bodily Injury, Property Damage or Personal Injury.
5. Any liability of others assumed by the Insured under any contract or agreement, either oral or written,
except to the extent that the Insured would have been liable in the absence of a contract or agreement
or unless the liability was assumed in accordance with or under the Agreement of Declaration of Trust
pursuant to which the Plan was established.
6. Any actual or alleged failure of the Insured to comply with any law governing workers’ compensation,
unemployment, social security or disability benefits or any similar federal, state or local law, except
for an Employee Benefit Law.
7. Any Insured having gained any profit, remuneration, or other advantage to which such Insured was
not legally entitled, if an admission, plea agreement, judgment (including exhaustion of all appeals
taken), or other final adjudication adverse to the Insured establishes the gaining of such a profit,
remuneration or advantage.
8. The actual or alleged or threatened discharge, release, seepage, escape or disposal of any hazardous or
toxic waste, Pollutants, Environmental Agents, emissions or substances, including but not limited to
pollution or contamination of any kind, and including but not limited to any directions, requests or
orders that an Insured report, test for, monitor, clean up, remove, recycle, contain, treat, detoxify or
neutralize any hazardous or toxic waste, emissions or substances, or the payment of any carbon offsets,
or any voluntary decision to do so; or nuclear radiation in any form no matter how emitted.
B. The Insurer will not be liable for any Loss, other than Claim Expenses:
1. Based upon, arising from, in consequence of, or in any way related to any actual or alleged failure to
fund a Plan in accordance with any applicable Employee Benefit Law or the Plan instrument, or for
failure to collect contributions owed to a Plan; provided, that this exclusion will not apply to that
portion of Loss payable solely as the personal obligation of a natural person Insured.
2. Which constitutes the return to any employer, public entities or governmental authorities of any
contributions if such amounts are or could be chargeable to a Plan.
GOV-1000 (11/2014) Page 5 of 13
3. Which constitutes benefits due or to become due under the terms of any Plan, or which would be due
if the Plan complied with all applicable Employee Benefit Laws. However, this Exclusion B.3 shall
not apply to Loss to the extent that:
a. The Insured liable for such Loss is a natural person who has been adjudicated to be personally
liable, and
b. Such Loss is based upon a covered Wrongful Act.
4. Which constitutes amounts attributable to a loss of the Plan or loss in the actual accounts of participants
in a Plan because of an actual or alleged act, error, omission or breach of duty resulting in a change in
value of investments held by that Plan.
Section V. Severability of Exclusions
With respect to the Exclusions in Section IV. of this policy, no act or omission of one Insured shall be imputed to
any other Insured for the purpose of determining the applicability of any exclusion, and the coverage otherwise
afforded under this policy shall continue to apply to all Insureds who did not commit, direct, approve, ratify or have
knowledge of such act or omission.
Section VI. Limits of Liability
A.Number of Claims
All Claims arising out of the same Wrongful Act or any Related Wrongful Acts shall be deemed one
Claim, and such Claim shall be deemed to have been first made at the earliest time a Claim was first made
or is deemed to have been first made against any Insured alleging such Wrongful Act or any Related
Wrongful Acts.
B. Self-Insured Retention and Limits of Liability
The Self-Insured Retention shown in Item 05 of the Policy Certificate shall be deducted from all amounts,
including Claims Expenses, paid by the Insurer for each Claim, and the Insurer shall be liable only for sums
in excess of such retention amount up to the Limit of Liability stated in Item 04(a) of the Policy Certificate.
The Insurer may elect to pay all or part of the retention amount to effect settlement of a Claim and, upon notice
of the action taken by the Insurer, the Insured shall promptly reimburse such part of the retention amount as
has been paid by the Insurer. The Self-Insured Retention amount is not included within, and will not reduce,
the Limit of Liability.
Section VII. Conditions
A. Insured’s duties in the event of a Claim, reporting requirements and notice provisions
1. The Insureds shall, as a condition precedent to the application of all insurance afforded by this policy,
give the Insurer written notice as soon as practicable of any Claim made against any Insured for a
Wrongful Act.
2. If during the Policy Period, the Automatic Reporting Period or the Extended Reporting Period (if
applicable) an Insured becomes aware of any Wrongful Act which may subsequently give rise to a
Claim and gives written notice thereof as set forth herein to the Insurer, then any Claim subsequently
made against the Insured with regard to such Wrongful Act shall be deemed to have been made
during the Policy Period, the Automatic Reporting Period or the Extended Reporting Period in
which Wrongful Act was first reported to us.
GOV-1000 (11/2014) Page 6 of 13
3. The required written notices as stated above shall contain particulars sufficient to identify the Insured,
any Claimant or potential Claimant and full information with respect to the time, place and
circumstances of the Wrongful Act which led to the Claim, or which may subsequently give rise to a
Claim, including the names and addresses of persons or entities which may have or which allege to
have suffered loss, and of available witnesses.
4. The Insureds shall, as a condition precedent to the application of all insurance afforded by this policy,
give the Insurer such information and cooperation as it may reasonably request. The Insureds shall,
upon request, assist in making settlements and in defense of Claims and in enforcing rights of
contribution or indemnity against any person or entity which may be liable to the Insured because of
an act or omission covered under this policy, shall attend hearings and trials and assist in securing and
giving evidence and obtaining the attendance of witnesses. The Insureds shall not prejudice the
Insurer’s position or its potential or actual rights of recovery.
5. Notice to the Insurer under this condition shall be given to the Claims Department in writing by one
of the following methods:
a. By Mail: Professional Liability Claims Department
C/O Ullico Casualty Group, LLC.
8403 Colesville Road, 13th Floor
Silver Spring, MD 20910-6331
b. By Fax to: 202.962.8853
c. By E-Mail to:professionalclaims@ullico.com
Notice shall be deemed given only when received by the Insurer at the physical address, e-mail
address or fax number stated above.
B.Automatic Reporting Period
If this policy is cancelled or non-renewed by either the Insured or the Insurer, an Automatic Reporting
Period will be afforded. The Automatic Reporting Period provides coverage on account of any Claim
first made against the Insured during the sixty (60) day period beginning with the non-renewal or
cancellation of this policy, but only for Wrongful Acts occurring wholly prior to such non-renewal or
cancellation date, and which are subsequently reported as soon as practicable but in no event after the end
of the Automatic Reporting Period. Any Claim made during the Automatic Reporting Period shall be
deemed to have been made during the immediately preceding Policy Period. Therefore, the Automatic
Reporting Period shall not provide a new, additional or renewed Limit of Liability beyond that stated in
Item 04(a) of the Policy Certificate.
The Automatic Reporting Period may not be canceled. The Automatic Reporting Period, however, shall
not apply to any Claim if other insurance the Insured obtains covers the Claim or would cover the Claim
if its Limits of Liability had not been exhausted.
C.Subrogation and Waiver of Recourse
In the event of payment under this policy, the Insurer will be subrogated to, and will be entitled to an
assignment of, all of the Insureds’ rights of recovery. The Insureds will execute all papers and do
everything necessary to secure such rights, including the execution of any documents necessary to enable
the Insurer to effectively pursue and enforce such rights and to bring suit in the name of the Insureds.
If any premium for this policy is paid out of the assets of a Plan, the Insurer will have no right of recourse
against any Insured.
GOV-1000 (11/2014) Page 7 of 13
D.Authorization
By acceptance of this policy, the Producer agrees to act on behalf of all Insureds with respect to the giving
and receiving of notice of cancellation or non-renewal, the payment of premiums and the receiving of any
return premiums that may become due under this policy, and the negotiation, agreement to and acceptance
of Endorsements. All Insureds agree that the Producer shall act on their behalf; provided, however, that
nothing herein shall relieve the Insureds, and each of them, from giving any notice to the Insurer that is
required under Condition A above.
E.No Action Against the Insurer
No action may be taken against the Insurer unless, as a condition precedent thereto, there shall have been
full compliance with all of the terms of this policy, and the amount of the Insured’s obligation to pay shall
have been finally determined either by judgment against the Insureds after actual trial, summary judgment,
or settlement between the Insureds, the Claimant and the Insurer. No person or entity will have any right
under this policy to join the Insurer as a party to any dispute to determine the liability of any Insured; nor
may the Insurer be impleaded by an Insured or the Insured’s legal representative in any such dispute.
F.Bankruptcy or Insolvency of Insured
The Insurer will not be relieved of any of its obligations under the policy by the bankruptcy or insolvency
of any of the Insureds or their estates.
G.Representations and Severability
The Insureds represent that the Policy Certificate and statements contained in the written application for
this policy are true, accurate and complete, and agree that this policy is issued in reliance on the truth of
that representation, and that such Policy Certificate and statements, which are deemed to be incorporated
into and to constitute a part of this policy, are the basis of this policy.
Such written application for coverage will be considered as a separate application for coverage by each
Insured and, with respect to the Policy Certificate and statements contained in such written application
for coverage, no declaration or statement in the application or knowledge possessed by any Insured will
be imputed to any other Insured for the purpose of determining whether coverage is available.
H.Assignment and Transfers
This policy shall be void if assigned or transferred without the Insurer’s prior written consent by
Endorsement to this policy.
I.Changes
Notice to or knowledge possessed by any agent or other person acting on behalf of the Insurer shall not
effect a waiver or a change of any part of this policy or stop us from asserting any right under the terms of
this policy, nor shall the terms of this policy be waived or changed, except by Endorsement.
J.Premium
All premiums for this policy shall be computed in accordance with the Insurer’s rules, rates, premiums
and minimum premiums applicable to the insurance afforded herein.
K.Cancellation
1. If the Insured cancels:
GOV-1000 (11/2014) Page 8 of 13
To cancel this policy, the Insured must surrender the policy to the Insurer or mail a written notice
stating when thereafter it wishes the cancellation to take effect. If the Insured cancels prior to the
Expiration Date of the current Policy Period, the Insured shall be refunded any unearned premium
on a pro-rata basis.
2. This policy may not be cancelled by the Insurer except for non-payment of premium.
L.Non-Renewal
The Insured or the Insurer may non-renew this policy at the end of the Policy Period.
1. If the Insured non-renews:
If the Insured does not pay the renewal premium, or sends us written notice stating the intent not to
renew the policy for the next Policy Period, the Insured has non-renewed the policy.
2. If the Insurer non-renews:
If the Insurer non-renews the policy at the end of the Policy Period, a written notice will be sent out
a minimum of sixty (60) days in advance to the address shown on the Policy Certificate or to the most
current address the Insured has provided in writing.
M.Other Insurance
All Loss payable under this policy will be specifically excess of and will not contribute with any other valid
and collectible insurance, whether such other insurance is stated to be primary, contributing, excess (except
insurance specifically in excess of this policy), contingent or otherwise.
N.Coverage Territory
The insurance afforded by this policy applies anywhere the world, provided the Claim is made and brought
in the United States of America, its territories or possessions.
O.Valuation and Foreign Currency
All premiums, limits, retentions, Loss and other amounts under this policy are expressed and payable in
the currency of the United States of America. If judgment is rendered, settlement is denominated or any
element of Loss under this policy is stated in a currency other than United States dollars, payment under
this policy will be made in United States dollars at the rate of exchange published in the Wall Street Journal
on the date such final judgment is reached, the amount of such settlement is agreed upon or such element
of Loss is due, respectively.
P.Changes in Exposure
1. If, during the Policy Period, a Plan merges into or consolidates with another Plan not enumerated in
Item 02 of the Policy Certificate, or any entity, regulatory agency or governmental agency, body or
subdivision (or group of entities, regulatory agencies or governmental agencies, bodies or subdivisions
acting in concert) assumes administrative, organization or supervisory control over any Plan, written
notice thereof must be provided to the Insurer as soon as practicable. Coverage under this policy will
continue in full force and effect with respect to Claims for Wrongful Acts committed or attempted,
or allegedly committed or attempted, before such event by such Plan, by any natural person Insureds
with respect to any Plan or by any person for whose Wrongful Acts any such Insured is legally
responsible. However, coverage under this policy will cease with respect to Claims for Wrongful Acts
committed or attempted, or allegedly committed or attempted, after such event by any such Insured
or by any person for whose Wrongful Acts any such Insured is legally responsible.
GOV-1000 (11/2014) Page 9 of 13
2. If, during the Policy Period, the responsibility for the administration of a Plan is fully assumed by
another person, entity or group of persons or entities, written notice thereof must be provided to the
Insurer as soon as practicable. Coverage under this policy will continue in full force and effect with
respect to Claims for Wrongful Acts committed or attempted, or allegedly committed or attempted,
before such event by any natural person Insureds with respect to such Plan prior to such transfer of
responsibilities or by any person for whose Wrongful Acts any such Insured is legally responsible.
However, coverage under this policy will cease with respect to Claims for Wrongful Acts committed
or attempted, or allegedly committed or attempted, after such event by any such natural person Insured
or by any person for whose Wrongful Acts any such Insured is legally responsible.
3. If any Plan is terminated, whether before or during the Policy Period, written notice thereof must be
provided to the Insurer as soon as practicable. Coverage under this policy will continue to apply to
Claims for Wrongful Acts committed or attempted, or allegedly committed or attempted, before such
event by such Plan, by any natural person Insureds with respect to such Plan or by any person for
whose Wrongful Acts any such Insured is legally responsible. No coverage will be available under
this policy, however, with respect to Claims for Wrongful Acts committed or attempted, or allegedly
committed or attempted, after such event by any such Insured or by any person for whose Wrongful
Acts any such Insured is legally responsible.
Q.Terms of Policy Conform to Statute
Terms of this policy that conflict with applicable statutes of the state where the Insured is domiciled are
hereby amended to conform to such statutes.
R.Authorized Representative of the Insurer
The authorized representative, Ullico Casualty Group, LLC, shall act on behalf of the Insurer with respect
to receiving notices as required under this policy, any other correspondence from the Insureds or
Producer, and receipt of any premiums that may be due under this policy. Except as required in Condition
A. above, all notices shall be given in writing to:
Ullico Casualty Group, LLC
8403 Colesville Road, 13th Floor
Silver Spring, MD 20910-6331
S.Entire Agreement
The Insureds agree that this policy, including the application and any Endorsements, constitutes the entire
agreement between them and the Insurer or any of its agents relating to this insurance. Should any
provision of this policy be declared or be determined by any court of competent jurisdiction to be illegal,
invalid, void or unenforceable, the legality, validity and enforceability of the remaining parts, terms or
provisions of the policy shall not be affected thereby.
Section VIII. Extended Reporting Period
If this policy is non-renewed or is canceled by either the Insured or the Insurer, the Insured shall have the right to
purchase an Extended Reporting Period Endorsement provided that the Insured is in compliance with all terms
and conditions of the policy and all billed premiums have been paid. The Extended Reporting Period
Endorsement provides coverage on account of any Claim first made against the Insured during the Extended
Reporting Period, but only for Wrongful Acts occurring wholly prior to the non-renewal or cancellation date of
this policy, and which are subsequently reported as soon as practicable but in no event more than thirty (30) days
after the end of the Extended Reporting Period specified in the Extended Reporting Period Endorsement. Any
Claim made during the Extended Reporting Period shall be deemed to have been made during the immediately
preceding Policy Period. Therefore, the Extended Reporting Period Endorsement shall not provide a new,
additional or renewed Limit of Liability.
GOV-1000 (11/2014) Page 10 of 13
This right to purchase this optional Endorsement shall lapse unless the Insurer receives the following:
A. A written notice requesting an Extended Reporting Period Endorsement within thirty (30) days following
the non-renewal or cancellation date of this policy, and
B. The payment of the additional premium for such coverage by the due date specified on the premium invoice.
The term of the Extended Reporting Period is twelve (12) months. The Insurer reserves the right to
approve a request for an Extended Reporting Period exceeding twelve (12) months, but under no
circumstances shall the Extended Reporting Period exceed seventy-two (72) months.
The additional premium for the Extended Reporting Period Endorsement will be computed in accordance with
the rules, rates and premiums in effect on the date of non-renewal or cancellation. Upon payment of such additional
premium, which shall be deemed fully earned and non-refundable, the Extended Reporting Period Endorsement
will be issued. The Extended Reporting Period Endorsement is not cancelable.
Section IX. Definitions
The following terms, when set forth in this policy in boldface type, will have the meanings set forth below:
A.Administration means:
a. Giving advice to participants and beneficiaries with respect to a Trust or Plan;
b. Interpreting a Trust or Plan;
c. Handling the records, effecting enrollment, and termination or cancellation of participants under
a Trust or Plan;
d. Choosing, changing, terminating, or eliminating provisions of a Trust or Plan, including
amending benefits, requiring employee contributions, or changing the level of employee
contributions;
exclusively in a fiduciary or settlor capacity.
B.Aggregate means the Limit of Liability shown in item 04(a) of the Policy Certificate and is the total sum
of the Insurer will pay for all Claims, regardless of the number of Claims or the number of Insureds
involved in such Claims, first made or deemed to have been first made during a single Policy Period.
C.Automatic Reporting Period means a sixty (60) day period beginning with the non-renewal or
cancellation date of this policy.
D.Bodily Injury means any actual or alleged physical injury, sickness, disease, disability, pain and suffering,
mental anguish, emotional distress, loss of consortium, or death of any person, or for damage to or
destruction of any tangible property including loss of use or diminution in value thereof.
E.Claim means a:
1. Written demand for monetary damages or injunctive relief,
2. Civil proceeding commenced by the service of a complaint or similar pleading,
3. Criminal proceeding commenced by the return of an indictment, or
4. Formal administrative or regulatory proceeding commenced by the filing of a notice of charges, formal
investigative order or similar document;
against an Insured for a Wrongful Act, including any appeal therefrom. Claim does not mean or include
any internal proceedings of the Insured.
GOV-1000 (11/2014) Page 11 of 13
F.Claim Expenses means that part of Loss consisting of reasonable and necessary costs, charges, fees
(including but not limited to attorneys’ and experts’ fees) and expenses incurred by or on behalf of the
Insureds in the investigation, adjustment, defense or appeal of a Claim, including the premium for an
appeal, attachment or similar bond pertaining to an appeal. Claim Expenses will not include any regular
or overtime wages, salaries, fees or benefits of, or overhead expenses associated with or attributable to any
Insured, or any director, officer, Trustee or employee of any Insured.
G.Effective Date means the day this coverage begins at 12.01 a.m. Local Time in this Policy Period. This
date is shown in Item 03 of the Policy Certificate.
H.Employee Benefit Law means any applicable statute, including any rules or regulations promulgated
thereunder, and any pursuant amendments to the foregoing, of the United States of America or any state,
territory or other political subdivision thereof setting forth the obligations, responsibilities or duties
imposed upon fiduciaries of Plans and to which the Plan is subject, including but not limited to the:
1. Consolidated Omnibus Budget and Reconciliation Act (COBRA) of 1985,
2. Federal Employees’ Retirement System Act (FERS) of 1986,
3. Health Insurance Portability and Accountability Act (HIPAA) of 1996,
4. Health Information Technology for Economic and Clinical Health Act (HITECH Act),
5. Newborns’ and Mothers’ Health Protection Act of 1996,
6. Women’s Health and Cancer Rights Act (WHCRA) of 1998,
7. Patient Protection and Affordable Care Act (PPACA).
I.Endorsement means a document that modifies the coverage provisions set forth in the policy. If the terms
of any Endorsement are inconsistent with the terms of this policy, the terms of the Endorsement supersede
the policy.
J.Environmental Agents means any:
1. Bacteria
2. Mildew, mold, or other fungi
3. Other micro-organisms
4. Mycotoxins, spores, or other by-products of 1, 2, or 3 above;
5. Viruses or other pathogens (whether or not a micro-organism); or
6. Colony or group of any of the foregoing.
K.Expiration Date means the day this coverage ends at 12:01 a.m. Local Time in this Policy Period. This
date is shown in Item 03 of the Policy Certificate.
L.Extended Reporting Period means the period of time indicated in the Extended Reporting Period
Endorsement. All dates are 12:01 a.m. Local Time.
M.Extended Reporting Period Endorsement is an Endorsement which provides coverage on account of
any Claim first made against the Insured, but only for Wrongful Acts occurring wholly prior to the non-
GOV-1000 (11/2014) Page 12 of 13
renewal or cancellation date of this policy, and which are subsequently reported as soon as practicable but
in no event more than thirty (30) days after the end of the Extended Reporting Period shown on this
Endorsement.
N.Insured or Insureds means any:
1.Plan;
2. Natural person serving as past, present or future Trustee of a Trust or Plan;
3. Natural person serving as past, present or future employee of a Trust or Plan, while acting in his or
her capacity as such; and
4. Other natural person or organization designated as an additional Insured by Endorsement to this
policy.
O.Limit of Liability means the amount(s) indicated in Item 04(a) of the Policy Certificate
P.Loss means Claims Expenses and monetary damages, judgments (including pre- and post-judgment
interest, if any) or settlements which an Insured is legally obligated to pay as a result of a Claim; provided,
Loss will not include the multiple portion of any multiplied damage award or any fines, taxes or penalties
other than:
Civil fines and penalties imposed pursuant to the Health Insurance Portability and Accountability Act
of 1996 (“HIPAA”), Health Information Technology for Economic and Clinical Health Act (HITECH
Act) or the Patient Protection and Affordable Care Act of 2010 (“PPACA”).
Loss will not, however, include any matter uninsurable under the law pursuant to which this policy is
construed.
Q.Personal Injury means injury arising out of one or more of the following offenses:
1. False arrest, detention or imprisonment, or malicious prosecution;
2. Abuse of process;
3. The publication or utterance of libel or slander or of other defamatory or disparaging material, or a
publication or an utterance in violation of an individual's right to privacy;
4. Wrongful entry or eviction, or other invasion of the right to private occupancy; or
5. Harassment, misconduct or discrimination of any nature arising out of any cause whatsoever,
including, but not limited to, age, race, creed, color, sex, national origin, religion, disability, marital
status or sexual orientation.
R.Plan means each Plan, system or Trust enumerated in Item 02 of the Policy Certificate of this policy.
S.Policy Certificate means the document that validates the coverage available under this policy. The Policy
Certificate shows the Trust or Plan, the certificate number, the Policy Period, the Limits of Liability
purchased, the Self-Insured Retention Amount, the premium and the Producer. This policy is not in
effect unless a Policy Certificate signed by an authorized representative of the Insurer has been issued.
T.Policy Period means the period of time between the Effective Date and Expiration Date shown in Item
03 of the Policy Certificate. If the policy is canceled prior to the Expiration Date, the Policy Period is
the period of time between the Effective Date and the cancellation date of this policy.
GOV-1000 (11/2014) Page 13 of 13
U.Pollutants means any substance located anywhere in the world exhibiting any hazardous properties as
defined by, or identified on a list of hazardous substances issued by, the United States Environmental
Protection Agency or any counterpart thereof in any state, county, municipality or locality. Such substances
will include, without limitation, solid, liquid, gaseous or thermal irritants, contaminants, smoke, vapors,
soot, fumes, acids, alkalis, chemicals and waste materials, including substances which are intended to be
or have been recycled, reconditioned or reclaimed. Pollutants also means any other air emission, odor,
waste water, oil or oil products, infectious or medical waste, asbestos, asbestos products and noise.
V.Prior & Pending Litigation Date means the date and hours listed in Item 06 of the Policy Certificate.
W.Producer means the person or organization authorized to represent the Insureds and designated as such in
Item 01 of the Policy Certificate of this policy.
X.Property Damage means physical injury to, or destruction of, tangible property, including loss of use
thereof.
Y.Related Wrongful Act means all Wrongful Acts which are based upon, directly or indirectly arising or
resulting from, in consequence of, or in any way related to the same fact, circumstance, situation,
transaction or event, or to a series of continuous or related facts, circumstances, situations, transactions or
events, regardless of the number of persons or entities bringing Claims and regardless of the number of
persons or entities who are Insureds.
Z.Self-Insured Retention is the amount listed under Item 05 of the Policy Certificate.
AA.Trust means those trusts shown in Item 02 of the Policy Certificate.
BB.Voluntary Compliance Program means any voluntary compliance resolution program or similar
voluntary settlement program administered by the U.S. Internal Revenue Service or any other state or
governmental regulatory authority.
CC.Voluntary Compliance Program Expenditure means:
1. Reasonable costs, charges and expenses of attorneys, accountants and/or other professionals that are
incurred solely in investigating and evaluating a Plan’s actual or alleged noncompliance with a statute,
rule or regulation and effecting a resolution thereof pursuant to a Voluntary Compliance Program;
and
2. Any fees, fines, penalties or sanctions paid by an Insured to a governmental or regulatory authority
pursuant to a Voluntary Compliance Program as a result of a Plan’s actual or alleged inadvertent
noncompliance with a statute, rule or regulation and, subject to the Insurer’s approval, costs to correct
a Plan’s actual or alleged inadvertent noncompliance with any statute, rule or regulation that are
incurred by the Plan in connection with its participation in a Voluntary Compliance Program.
DD.Wrongful Act means any actual or alleged:
1. Breach of the responsibilities, obligations or duties imposed upon Insureds by an Employee Benefit
Law; or
2. Negligent act, error or omission by any Insured in the Administration of any Plan.
MIL 1214 09 17 Page 1 of 1
Markel American Insurance Company
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
TRADE OR ECONOMIC SANCTIONS
The following is added to this policy:
Trade Or Economic Sanctions
This insurance does not provide any coverage, and we (the Company) shall not make payment of any claim or provide any
benefit hereunder, to the extent that the provision of such coverage, payment of such claim or provision of such benefit
would expose us (the Company) to a violation of any applicable trade or economic sanctions, laws or regulations, including
but not limited to, those administered and enforced by the United States Treasury Department’s Office of Foreign Assets
Control (OFAC).
All other terms and conditions remain unchanged.
TRIA (6/2015) Page 1 of 1
GOVERNMENTAL FIDUCIARY LIABILITY
Markel American Insurance Company
4521 Highwoods Parkway
Glen Allen, VA 23060
TRIA
Issue Date: 07/05/2023
Policy Number: MGL 0012156-08
Endorsement Number: 2
Endorsement Effective Date: 08/01/2023 (12:01 a.m. Local Time)
Cap on Losses From Certified Acts of Terrorism
It is agreed that the above numbered policy is amended as follows:
A. If aggregate insured losses attributable to terrorist acts certified under the federal Terrorism Risk Insurance Act
exceed $100 billion in a calendar year and we have met our Insurer deductible under the Terrorism Risk
Insurance Act, we shall not be liable for the payment of any portion of the amount of such losses that exceeds
$100 billion, and in such case insured losses up to that amount are subject to pro rata allocation in accordance
with procedures established by the Secretary of the Treasury.
“Certified act of terrorism” means an act that is certified by the Secretary of the Treasury in accordance with the
provisions of the federal Terrorism Risk Insurance Act, to be an act of terrorism pursuant to such Act. The
criteria contained in the Terrorism Risk Insurance Act for a “certified act of terrorism” include the following:
1. The act resulted in insured losses in excess of $5 million in the aggregate, attributable to all types of
insurance subject to the Terrorism Risk Insurance Act; and
2. The act is a violent act or an act that is dangerous to human life, property or infrastructure and is committed
by an individual or individuals as part of an effort to coerce the civilian population of the United States or
to influence the policy or affect the conduct of the United States Government by coercion.
B. The terms and limitations of any terrorism exclusion, or the inapplicability or omission of a terrorism exclusion,
do not serve to create coverage for any Loss that is otherwise excluded under this policy.
Nothing contained herein shall vary, alter or extend the terms, conditions and limitations of the policy except as
stated above.
This Endorsement is part of the above numbered policy and is effective as of the Endorsement Effective Date
shown above.
MARKEL AMERICAN INSURANCE COMPANY
Authorized Representative
MPIL 1113-IL 04 18 Page 1 of 1
Markel American Insurance Company
NOTICE TO POLICYHOLDER
ILLINOIS
IMPORTANT NOTICE
This notice is to advise you that should any complaints arise regarding this insurance; you may contact our office or the
Illinois Department of Insurance.
The address of the Markel office where complaints will be addressed is:
4521 Highwood Parkway
Glen Allen, Virginia 23060
If you desire to contact the Illinois Department of Insurance for information concerning your policy, the address(s) are
shown below:
Illinois Department of Insurance
320 West Washington Street
Springfield, Illinois 62767-0001
1-866-445-5364
Fax 217-558-2083
Or
Illinois Department of Insurance
122 S. Michigan Ave.
Chicago, Illinois 60603
Consumer Complaint forms may be completed and submitted online or downloaded and printed to mail or fax to the
Department through the Department’s website:
https://mc.insurance.illinois.gov/messagecenter.nsf (online form)
https://insurance.illinois.gov/Complaints/PropertyCasualtyComplaintForm.pdf (printable format)
GOV-IL (9/2015) Page 1 of 4
GOVERNMENTAL FIDUCIARY LIABILITY
Markel American Insurance Company
4521 Highwoods Parkway
Glen Allen, VA 23060
GOV-IL
Issue Date: 07/05/2023
Policy Number: MGL 0012156-08
Endorsement Number: 4
Endorsement Effective Date: 08/01/2023 (12:01 a.m. Local Time)
Illinois Amendatory Endorsement
It is agreed that the above-numbered policy is amended as follows:
1. Section II. Defense and Settlement is amended by the addition of the following:
Notwithstanding any contrary provision in the policy, it is agreed that with respect to that portion of damages
consisting of pre-judgment and/or post-judgment interest awarded against the Insured on that part of a
judgment covered under this policy, such pre-judgment and/or post-judgment interest shall be paid by the
Insurer in addition to, and not as part of, the applicable Limit of Liability as stated in Item 04 of the Policy
Certificate.
2. Section III. Estates, Legal Representatives, and Spousal Liability is amended by the addition of the following:
Wherever the terms “spouse”, “domestic partner”, or other terms descriptive of spousal relationships are used
throughout the policy, those terms shall be deemed to include civil unions under Illinois law.
3. Section IV. Exclusions, paragraph B is amended by the addition of the following:
Punitive or exemplary damages, fines or penalties, or the multiple portions of any multiplied
damage award.
4. Section VII. Conditions, Item H (Assignment and Transfers), is deleted and replaced with the following:
This policy shall not be assigned or transferred without the Insurer’s prior written consent by Endorsement to
this policy.
5. Section VII. Conditions, Item K (Cancellation), paragraph 2 is deleted and replaced with the following:
If the Insurer cancels:
Cancellation of Policies in Effect Sixty (60) Days or Less
If this policy has been in effect for sixty (60) days or less, the Insurer may cancel it by mailing to the
Producer and to the Insured shown in Item 02 of the Policy Certificate, written notice of cancellation at least:
a. Ten (10) days prior to the Effective Date of cancellation if we cancel for non-payment of premium; or
GOV-IL (9/2015) Page 2 of 4
b. Thirty (30) days prior to the Effective Date of cancellation if we cancel for any other reason.
Proof of mailing will be sufficient proof of notice.
Cancellation of Policies in Effect for More Than Sixty (60) Days
If this policy has been in effect for more than sixty (60) days or after the Effective Date of a renewal policy, the
Insurer may only cancel it for one or more of the following reasons:
a. Non-payment of premium;
b. Discovery that the policy was obtained through a material misrepresentation;
c. Certification by the Illinois Insurance Director that the continuation of the policy could place the Insurer
in violation of the Insurance Laws of Illinois;
d. Discovery that any Insured violated any of the terms or conditions of the policy;
e. Discovery that the risk originally accepted has measurably increased;
f. Certification to the Illinois Insurance Director of the loss of reinsurance by the Insurer which provided
coverage to the Insured for all or a substantial part of the underlying risk insured.
If the Insurer cancels this policy for any of the above reasons, it will mail to the Producer and to the Insured
shown in Item 02 of the Policy Certificate written notice of cancellation at least:
a. Ten (10) days prior to the Effective Date of cancellation if we cancel for non-payment of premium; or
b. Sixty (60) days prior to the Effective Date of cancellation if we cancel for any other reason stated above.
Proof of mailing will be sufficient proof of notice.
The Insurer will provide claim information to the Insured shown in Item 02 of the Policy Certificate at the
same time of cancellation or non-renewal by the Insurer or within thirty (30) days of receipt of a request from
said Insured for such information.
6. Section VII. Conditions, Item L (Non-Renewal) is deleted in its entirety and replaced with the following:
Non-Renewal
In the event the Insurer elects not to renew this policy, we will mail written notice of non-renewal to the
Producer and to the last known address of the Insured shown in Item 02 of the Policy Certificate at least sixty
(60) days prior to the Expiration Date.
Increase of Premium
If the Insurer increases the renewal premium by thirty percent (30%) or more or makes another material
change to the policy that results in a reduction in coverage or a change in Self-Insured Retention, we will mail
written notice at least sixty (60) days prior to the Effective Date of the change.
If we mail notice at least thirty-one (31) days, but less than sixty (60) days, prior to the Expiration Date of the
policy, the expiring policy remains in effect until sixty (60) days after notice is mailed. Earned premium for the
extended period of coverage is at the rates applicable to the expiring policy. Proof of mailing will be sufficient
proof of notice,
GOV-IL (9/2015) Page 3 of 4
Loss Information
Insurer shall provide the following loss information to the Insured within 30 days of the Insured’s request,
and at the same time as any notice of cancellation or nonrenewal, except where the policy has been cancelled
for nonpayment of premium, material misrepresentations or fraud on the part of the Insured:
(1) On closed claims, date and description of occurrence, and total amounts of payments;
(2) On open claims, date and description of occurrence, total amount of payments and total reserves, if any;
and
(3) For any occurrence not included in (1) or (2), the date and description of occurrence and total reserves, if
any
for the lesser of the three (3) previous policy years, or the number of policy years the Insured has had a policy
with the Insurer or an affiliated insurer.
7. Section VII. Conditions, Item M (Other Insurance) is deleted in its entirety and replaced by the following:
The coverage afforded by this policy shall be primary, and the Insurer’s obligation under this policy shall
not be limited by the existence of other insurance available to the Insured, unless such other insurance is
also considered primary or if such other insurance provides a duty to defend Claims. In the event such other
insurance is also considered primary, liability under the respective policies shall be apportioned as follows:
a. If all of the other insurance permits contribution by equal shares, then the Insurer’s liability shall
be equal to that of the other insurers, until such time that the limit of liability under each respective
policy have been exhausted, or no Loss remains, whichever comes first; or
b. If any of the other insurance does not permit contribution by equal shares, then each insurer’s
liability shall be pro rata based upon each insurer’s respective limit of liability divided by the total
limits of insurance of all insurers.
If such other insurance provides a duty to defend Claims, and the defense obligation is outside the limit of
liability under that policy, then the Insurer’s obligation for such covered Claim shall be excess.
8. Section XII. Extended Reporting Period, paragraph 2 is deleted in its entirety and replaced by the following:
The additional premium for the Extended Reporting Period Endorsement will be computed as follows:
12 Month Extended Reporting Period 100% of the Full Annual Basic Premium
24 Month Extended Reporting Period 150% of the Full Annual Basic Premium
36 Month Extended Reporting Period 200% of the Full Annual Basic Premium
48 Month Extended Reporting Period 225% of the Full Annual Basic Premium
60 Month Extended Reporting Period 250% of the Full Annual Basic Premium
72 Month Extended Reporting Period 275% of the Full Annual Basic Premium
This additional premium must be paid within thirty (30) days after the Effective Date of the termination or non-
renewal of the policy. Upon payment of such additional premium, which shall be deemed fully earned and non-
refundable, the Extended Reporting Period Endorsement will be issued. The Extended Reporting Period
Endorsement is not cancelable.
GOV-IL (9/2015) Page 4 of 4
9. Section IX. Definitions, Item F (Claims Expenses) is deleted and replaced with the following:
Claims Expenses means that part of Loss consisting of reasonable and necessary fees and expenses incurred in
the investigation, defense, settlement and appeal of a Claim, including the premium for appeal bonds regarding
such Claim; but Claims Expenses shall not include salaries, wages, benefits or overhead of, or paid to, any
Insured or the Insurer.
10. Section IX. Definitions, Item T (Pollutants) is amended by the addition of the following:
“Pollutants does not include smoke from a hostile fire. A hostile fire is a fire that breaks out from where it was
intended to be.”
11. Section IX. Definitions is amended by adding the following new definition:
Full Annual Basic Premium means the premium amount shown in Item 07(a) (Basic Premium) of the Policy
Certificate, including any adjustments to Item 7(a) by Endorsement. If the Policy Period is a period of time
other than twelve (12) months, the Full Annual Basic Premium is the Basic Premium shown in Item 07(a) of
the Policy Certificate, including any adjustments to Item 07(a) by Endorsement, converted to an annual
amount.
12. Complaint Information
Should any complaints arise regarding this insurance, you may contact the following: Ullico Casualty Group,
8403 Colesville Rd., Silver Spring, MD 20910; 888.315.3352; fax 202.962.8853. You can also email Ullico
Casualty Group at professionalclaims@ullico.com. You may also contact: Illinois Department of Insurance,
Consumer Department or Public Services Section, Springfield, Illinois 62767.
Nothing contained herein shall vary, alter or extend the terms, conditions and limitations of the policy except as stated
above.
This Endorsement is part of the above numbered policy and is effective as of the Endorsement Effective Date shown
above.
MARKEL AMERICAN INSURANCE COMPANY
Authorized Representative
GOV-003 (5/2019)Page 1 of 1
GOVERNMENTAL FIDUCIARY LIABILITY
Markel American Insurance Company
4521 Highwoods Parkway
Glen Allen, VA 23060
GOV-003
Issue Date: 07/05/2023
Policy Number: MGL 0012156-08
Endorsement Number: 5
Endorsement Effective Date: 08/01/2023 (12:01 a.m. Local Time)
Removal of Statutory Indemnification Endorsement
It is agreed that the above numbered policy is amended by the following:
1. Section II. Defense and Settlement, Item A. is deleted in its entirety.
2. Section II. Defense and Settlement, Item B. is deleted in its entirety and replaced with the following:
1. The Insurer will have the right and duty to defend any Claim covered by this policy, even if the
allegations in such Claim are groundless, false or fraudulent. Upon the exhaustion of the Limit of Liability
applicable to any Claim, the Insurer’s duty to defend such Claim will cease and, upon the exhaustion of
the Insurer’s maximum Aggregate Limit of Liability under this policy as set forth in Item 04(a) of the
Policy Certificate, the Insurer will thereafter have no duty or obligation to defend or to continue to defend
any Claim.
2. Subject to Section II.B.1 above, the Insureds will have the right to select defense counsel to defend Claims
against them, subject to the Insurer’s approval, such approval not to be unreasonably withheld, and subject
to such selected counsel’s compliance with applicable Litigation Management Guidelines. The Insureds
must, however, exercise this right in writing within thirty (30) days after first giving the Insurer notice of
the Claim with respect to which such counsel is to be retained. If the Insureds do not inform the Insurer
in writing of their intent to retain their own defense counsel within thirty (30) days after providing notice of
a Claim, the Insurer will have the right to appoint defense counsel to represent the Insureds in connection
with such Claim and to conduct the defense thereof.
Nothing contained herein shall vary, alter or extend the terms, conditions and limitations of the policy except as stated
above.
This Endorsement is part of the above numbered policy and is effective as of the Endorsement Effective Date shown
above.
MARKEL AMERICAN INSURANCE COMPANY
Authorized Representative
GOV-004 (03/2021)Page 1 of 1
GOVERNMENTAL FIDUCIARY LIABILITY
Markel American Insurance Company
4521 Highwoods Parkway
Glen Allen, VA 23060
GOV-004
Issue Date: 07/05/2023
Policy Number: MGL 0012156-08
Endorsement Number: 6
Endorsement Effective Date: 08/01/2023 (12:01 a.m. Local Time)
Renewal Guarantee
It is agreed that the above numbered policy is amended as follows:
1. Upon expiration of the Policy Period, the Company shall renew this policy unless:
a. There has occurred a change in the law (including insurance regulations) or insurance regulatory
action that prevents the Company from issuing a renewal policy at the same terms and conditions
as this policy;
b. All premium amounts owed are not paid in full;
c. One or more Claims are made or any monies are paid by the Insurer for any open matters during
the Policy Period; or
d. The Plan merges with another Plan during the Policy Period.
2. A renewal of this policy pursuant to this Endorsement shall be at the same terms and conditions as this
policy for one year except:
a. Inception and Expiration Dates of the Policy Period will change, and
b. There will be no requirements that this Endorsement be attached to and form part of the renewal
policy.
3. The premium for any renewal policy pursuant to the Endorsement shall be 100% of expiring premium.
Nothing contained herein shall vary, alter or extend the terms, conditions and limitations of the policy except as stated
above.
This Endorsement is part of the above numbered policy and is effective as of the Endorsement Effective Date shown
above.
MARKEL AMERICAN INSURANCE COMPANY
Authorized Representative
GOV-007 (5/2019)Page 1 of 1
GOVERNMENTAL FIDUCIARY LIABILITY
Markel American Insurance Company
4521 Highwoods Parkway
Glen Allen, VA 23060
GOV-007
Issue Date: 07/05/2023
Policy Number: MGL 0012156-08
Endorsement Number: 7
Endorsement Effective Date: 08/01/2023 (12:01 a.m. Local Time)
Trustee Claims Expense Endorsement
It is agreed that the above numbered policy is amended as follows:
Section I. Insuring Agreement is amended by the addition of the following:
The Insurer shall pay, on behalf of the Insured, Claims Expenses should a Claim be made against an
Insured alleging an act, error, or omission committed in his or her capacity as a Trustee, subject to terms and
conditions provided on this Endorsement and that would not otherwise be covered by the policy. All
Claims Expenses incurred solely with respect to this coverage extended pursuant to this Endorsement
during the Policy Period as set forth in Item 03 of the Policy Certificate, the Automatic Reporting Period
or the Extended Reporting Period (whichever is applicable) shall be subject to the following Sub-Limit and
Self-Insured Retention:
Sub-Limit:$1,000,000 Claims Expenses
Self-Insured Retention:$0 Each Claim
The Sub-Limit is part of, and not in addition to, the Aggregate Limit of Liability stated in Item 04(a)
of the Policy Certificate. This Self-Insured Retention is separate and apart from that Self-Insured
Retention stated in Item 05 of the Policy Certificate but in the event more than one Self-Insured
Retention applies, only the highest single Self-Insured Retention shall apply.
Nothing contained herein shall vary, alter or extend the terms, conditions and limitations of the policy except as stated
above.
This Endorsement is part of the above numbered policy and is effective as of the Endorsement Effective Date shown
above.
MARKEL AMERICAN INSURANCE COMPANY
Authorized Representative
GOV-044 (6/2015)Page 1 of 1
GOVERNMENTAL FIDUCIARY LIABILITY
Markel American Insurance Company
4521 Highwoods Parkway
Glen Allen, VA 23060
GOV-044
Issue Date: 07/05/2023
Policy Number: MGL 0012156-08
Endorsement Number: 8
Endorsement Effective Date: 08/01/2023 (12:01 a.m. Local Time)
Defense and Settlement Endorsement
It is agreed that the above numbered policy is amended as follows:
Section II. Defense and Settlement, Item F. is deleted in its entirety and replaced with the following:
The Insurer may make any investigation it deems necessary and may, with the written consent of the
Insureds, make any settlement of a Claim it deems expedient.
Nothing contained herein shall vary, alter or extend the terms, conditions and limitations of the policy except as
stated above.
This Endorsement is part of the above numbered policy and is effective as of the Endorsement Effective Date
shown above.
MARKEL AMERICAN INSURANCE COMPANY
Authorized Representative
GOV-054 (5/2016)Page 1 of 1
GOVERNMENTAL FIDUCIARY LIABILITY
Markel American Insurance Company
4521 Highwoods Parkway
Glen Allen, VA 23060
GOV-054
Issue Date: 07/05/2023
Policy Number: MGL 0012156-08
Endorsement Number: 9
Endorsement Effective Date: 08/01/2023 (12:01 a.m. Local Time)
Modification Endorsement
It is agreed that the above numbered policy is amended as follows:
Section VII. Conditions, Item M. Other Insurance is deleted in its entirety and replaced with the following:
This insurance shall be specifically excess of and will not contribute with any other valid and collectible
insurance, whether such other insurance is stated to be primary, contributing, excess, contingent or
otherwise, unless such other insurance is specifically stated to be excess of this policy.
Nothing contained herein shall vary, alter or extend the terms, conditions and limitations of the policy except as stated
above.
This Endorsement is part of the above numbered policy and is effective as of the Endorsement Effective Date shown
above.
MARKEL AMERICAN INSURANCE COMPANY
Authorized Representative
BOARD OF TRUSTEES OF THE
CITY OF MCHENRY POLICE
PENSION FUND
ADMINISTRATIVE RULES &
REGULATIONS
ADOPTED APRIL 11, 2023
i
BOARD OF TRUSTEES OF
THE CITY OF MCHENRY POLICE PENSION FUND
ADMINISTRATIVE RULES
TABLE OF CONTENTS
SECTION TITLE PAGE
PART 1 - GENERAL PROVISIONS
§101.1 Authority. ................................................................................................................1
§101.2 Purpose .....................................................................................................................1
§102.1 Definitions ................................................................................................................1
PART 2 - ADMINISTRATION
§201.1 Board Creation .........................................................................................................3
§201.2 Composition .............................................................................................................3
§202.1 Terms of Office ........................................................................................................3
§202.2 Staggering of Terms .................................................................................................3
§203.1 Death, Resignation or Inability to Perform ..............................................................4
§204.1 Compensation ..........................................................................................................4
§204.2 Reimbursement of Expenses ....................................................................................4
§205.1 Meetings ...................................................................................................................5
§205.2 Emergency Meetings ...............................................................................................5
§205.3 Location of Meetings ...............................................................................................5
§205.4 Time of Meetings .....................................................................................................5
§205.5 Notice of Meetings ...................................................................................................6
§205.6 Open Meetings .........................................................................................................6
§205.7 Executive Sessions ...................................................................................................6
§205.8 Order of Business .....................................................................................................6
§205.9 Minutes ....................................................................................................................7
§205.10 Quorum ....................................................................................................................7
§205.11 Electronic Attendance at Board Meeting .................................................................7
§205.12 Fraud ........................................................................................................................8
§205.13 Indemnification ........................................................................................................8
§205.14 Fiduciary Liability Insurance ...................................................................................8
PART 3 - PENSION BOARD OFFICERS AND EMPLOYEES
§301.1 Officers ....................................................................................................................9
§301.2 Employees/Consultants ............................................................................................9
§301.3 General Powers and Duties of the Pension Board ...................................................9
§301.4 Duties of the President ...........................................................................................10
§301.5 Duties of the Vice President ..................................................................................10
§301.6 Duties of the Secretary ...........................................................................................10
§301.7 Duties of the Assistant Secretary ...........................................................................10
§301.8 Duties of Treasurer ................................................................................................10
ii
PART 4 - RECORDKEEPING AND REPORTING REQUIREMENTS
§401.1 Minutes of Meetings ..............................................................................................11
§401.2 Closed Session Minutes & Recordation Policy .....................................................11
§401.3 Correspondence File ..............................................................................................11
§401.4 Investment File .......................................................................................................11
§401.5 Litigation Files .......................................................................................................12
§401.6 Annual List of Payments to the Municipality ........................................................12
§401.7 Annual Report by the Pension Board .....................................................................12
§402.1 Annual Report of the Municipality's Treasurer .....................................................12
§402.2 Report for Tax Levy ...............................................................................................13
§402.3 Statements of Economic Interest ...........................................................................13
§402.4 Duty of the Municipality to Furnish Information ..................................................13
§403.1 Recordkeeping as to Police Department Participants ............................................13
§403.2 Recordkeeping as to Retirees .................................................................................14
§403.3 Recordkeeping as to Disability Pension Beneficiaries ..........................................14
§403.4 Recordkeeping as to Surviving Spouses ................................................................15
§403.5 Recordkeeping as to Children's Benefits & Adult Dependent Benefits ................15
§403.6 Recordkeeping as to Separated Members ..............................................................15
§404.1 Affidavits of Continued Eligibility ........................................................................16
§405.1 Subpoenas ..............................................................................................................16
§406.1 Confidentiality .......................................................................................................17
§407.2 Freedom of Information Act Requests ...................................................................17
PART 5 - ELECTION OF PENSION BOARD TRUSTEES
§501.1 Election of Board Trustees .....................................................................................19
§501.2 Term of Office .......................................................................................................19
§501.3 General Election Procedure ...................................................................................19
§502.1 Eligibility to Serve as a Trustee .............................................................................19
§502.2 Nomination and Voting Rights ..............................................................................19
§502.3 Mailing Lists ..........................................................................................................20
§503.1 Nomination Procedure ...........................................................................................20
§503.2 Elections by Acclamation ......................................................................................20
§503.3 Contested Elections ................................................................................................20
§503.4 Runoff Elections ....................................................................................................21
§503.5 Special Elections ....................................................................................................21
§504.1 Election Results .....................................................................................................21
PART 6 - ADMISSION AND WITHDRAWAL PROCEDURES
§601.1 Eligibility for Admission into the Pension Fund ...................................................22
§601.2 Persons Excluded ...................................................................................................22
§601.3 Written Application ...............................................................................................22
§601.4 Determining When a Police Officer is Appointed, Sworn
and Commissioned .................................................................................................22
§601.5 Refund ....................................................................................................................23
§601.6 Refund to Survivors ...............................................................................................23
iii
§601.7 Readmission into the Pension Fund .......................................................................24
PART 7 - ADJUDICATION OF DISABILITY
AND RETIREMENT PENSION CLAIMS
§701.1 Hearing Procedure in Contested Cases ..................................................................25
§701.2 Request for a Hearing ............................................................................................25
§701.3 Termination, Suspension or Recomputation of
Disability Pension Benefits ....................................................................................25
§701.4 Loss, Suspension or Revocation of Pension Rights or Benefits ............................25
§702.1 Disability Pension Applications .............................................................................26
§702.2 Records Retention ..................................................................................................26
§702.3 Burden of Proof ......................................................................................................27
§702.4 Medical Examination Procedures in Disability
Pension Claims ......................................................................................................27
§702.5 Unreasonable Failure to Appear for an Independent
Medical Examination or Submit Documentation ..................................................28
§702.6 Rescheduling an Independent Medical Examination .............................................28
§703.1 Determining When to Grant a Duty Disability Pension
As Opposed to a Non-Duty Disability Pension .....................................................28
§704.1 Preclusion Against Simultaneous Filings ..............................................................29
§705.1 Annual Medical Re-Evaluations for Disabled
Pensioners Under Age Fifty ...................................................................................29
§706.1 Emergency Service ................................................................................................30
PART 8 - HEARING PROCEDURES
§801.1 Applicability ..........................................................................................................31
§801.2 Filing of Documents ..............................................................................................31
§801.3 Form of Documents ...............................................................................................31
§801.4 Computation of Time .............................................................................................31
§801.5 Appearances ...........................................................................................................31
§801.6 Municipal Intervention ...........................................................................................32
§802.1 Notice of Hearing ...................................................................................................32
§802.2 Service of the Notice of Hearing ...........................................................................32
§802.3 Rights of the Parties Prior to Hearing ....................................................................33
§802.4 Continuance of Postponement of Hearings ............................................................33
§802.5 Admissibility of Evidence ......................................................................................33
§802.6 Use and Admissibility of Depositions ...................................................................33
§803.1 Conduct of the Hearing ..........................................................................................34
§803.2 Record of Proceedings ...........................................................................................34
§803.3 Authority of the Presiding Official ........................................................................34
§803.4 Official Notice .......................................................................................................35
§804.1 Written Decision ....................................................................................................35
§804.2 Certificate of Service .............................................................................................35
§805.1 Preparation of Administrative Record ...................................................................36
§806.1 Certificate of Payment ...........................................................................................36
iv
PART 9 - INVESTMENT POLICIES
§901.1 Investment Authority .............................................................................................37
§902.1 Cash Management Policy ......................................................................................37
PART 10 – TRUSTEE ETHICS & EDUCATION
§1001.1 Purpose ...................................................................................................................38
§1001.2 Standard of Care ....................................................................................................38
§1001.3 Existing Law ..........................................................................................................38
§1001.4 Conflicts of Interests ..............................................................................................38
§1001.5 Prior Communications with Benefit Applicants ....................................................38
§1001.6 Prior Communications with Potential Providers or Contractors ............................39
§1001.7 Communications with Investment Managers .........................................................39
§1001.8 Applicability to Service Providers .........................................................................39
§1001.9 Prohibition of Consideration ..................................................................................39
§1001.10 Impartiality & Confidentiality ...............................................................................39
§1002.1 Trustee Training .....................................................................................................39
PART 11 – PURCHASE OF PRIOR MILITARY SERVICE
AND CREDITABLE SERVICE TRANSFERS
§1100.1 Purpose ...................................................................................................................41
§1100.2 Application .............................................................................................................41
§1100.3 Prior Military Service ............................................................................................41
§1100.4 Discharge Paperwork .............................................................................................41
§1100.5 Contribution Calculations ......................................................................................41
§1100.6 Proration .................................................................................................................42
§1101.1 Transfers of Creditable Service .............................................................................42
§1101.2 Creditable Service Transfer Calculation Components ...........................................42
PART 12 – BUYBACK OF UNPAID CONTRIBUTIONS
FOR BREAKS IN SERVICE
§1200.1 Breaks in Service for less than 30 days .................................................................43
§1200.2 Breaks in Service in excess of 30 days ..................................................................43
§1200.3 Written Authorization ............................................................................................43
§1200.4 Calculations & Withholdings: Breaks Less than 30 Days .....................................43
§1200.5 Calculations & Withholdings: Breaks in Excess of 30 Days .................................43
§1200.6 Repayment Deadlines ............................................................................................43
§1200.7 Proration .................................................................................................................44
§1200.8 “Thirty Days” .........................................................................................................44
§1200.9 Interest ....................................................................................................................44
PART 13 – QUALIFIED ILLINOIS DOMESTIC RELATIONS ORDERS
(QILDROS)
§1300.1 Adoption ................................................................................................................45
§1301.1 QILDRO Benefit Eligibility ..................................................................................45
§1302.1 QILDRO Calculation Order Entry & Implementation ..........................................45
§1302.2 Application of Retro-Active Salary Increases .......................................................45
1
BOARD OF TRUSTEES OF THE
CITY OF MCHENRY POLICE PENSION FUND
ADMINISTRATIVE RULES
PART 1 - GENERAL PROVISIONS
§101.1 Authority.
(a) Implementing Article 1 and Article 3 of the Illinois Pension Code, 40
ILCS, §5/1-101, et seq., and §5/3-101 et seq. The promulgation of these rules
is authorized under §5/3-140 of the Illinois Pension Code.
§101.2 Purpose.
(a) The purpose of these rules is to establish uniform procedures for the
implementation of Article 1 and Article 3 of the Illinois Pension Code by the
City of McHenry Police Pension Board. These rules are also promulgated
for the benefit of and to provide guidance to pension fund members,
participants and beneficiaries and are available for inspection at the office of
the Pension Board.
§102.1 Definitions.
(a) As used in these rules, the terms set forth below shall have the following
definitions and meanings, except when the context of the rule specifies and
requires a different meaning.
(1) Pension Board. "Pension Board" shall mean the board of trustees of
the City of McHenry Police Pension Fund as established under §5/3-
128 of the Pension Code.
(2) Pension Code. "Pension Code" means the provisions of Illinois law
contained in Article 1, Article 3, and Article 22 of Chapter 40, Illinois
Compiled Statutes, as currently promulgated.
(3) Pension Fund. "Pension Fund" shall mean the McHenry Pension
Fund established pursuant to Article 3 of the Illinois Pension Code for
the benefit of police officers employed by the City of McHenry Police
Department and their beneficiaries.
(4) Municipality. "Municipality" shall mean the City of McHenry,
Illinois.
(5) Participant. "Participant" shall mean any employee or former
employee of the City of McHenry Police Department and any member
of the Pension Fund who is or may be eligible to receive benefits
under Article 3 of the Pension Code.
(6) Beneficiary. "Beneficiary" shall mean any retired member of the
Pension Fund or any person designated by a participant or eligible to
2
receive benefits under Article 3 of the Illinois Pension Code.
(7) Police Officer. "Police Officer" shall mean any person who is
appointed in accordance with Illinois law, to the City of McHenry
Police Department and is sworn and commissioned to perform police
duties.
(A) The term "Police Officer" does not include the following
persons:
(i) part-time police, (ii) special police officers, (iii)
night watchmen, (iv) temporary employees, (v)
traffic guards, (vi) auxiliary police officers, (vii)
civil defense employees, (viii) municipal parking
lot attendants, (ix) clerks, or (x) other civilian
employees of the police department who perform
clerical duties exclusively.
(B) The term "Police Officer" does not include any person who
fails to make pension contributions required under §3-125.1 of
the Pension Code.
(C) The term "Police Officer" does not include persons who
voluntarily quit or are terminated from the City of McHenry
Police Department, except to the extent that their rights to
pension benefits have vested under the law.
(D) A participant in the City of McHenry Police Pension Fund
must meet the definitional requirements of “police officer”
under Article 3 of the Pension Code in order for the Pension
Board to have jurisdiction to adjudicate a disability pension
claim.
(8) Fiduciary. A person is a “fiduciary” with respect to the Police Pension
Fund to the extent that the person: (1) exercises any discretionary
authority or discretionary control respecting management of the
pension fund, or exercises any authority or control respecting
management or disposition of its assets; (2) renders investment advice
or renders advice on the selection of fiduciaries for a fee or other
compensation, direct or indirect, with respect to any moneys or other
property of the pension fund or retirement system, or has any authority
or responsibility to do so; (3) has any discretionary authority or
discretionary responsibility in the administration of the pension fund
or retirement system or (4) is a “consultant” as defined by §1-101.5
of the Pension Code.
3
PART 2 – ADMINISTRATION
§201.1 Board Creation.
(a) The City of McHenry Police Pension Board is created pursuant to §3-
128 of the Illinois Pension Code. The makeup of the Pension Board is to be
governed by the provisions of that section.
Cross-reference: 40 ILCS 5/3-128
§201.2 Composition.
(a) The Police Pension Board, according to the law, shall be composed of
five (5) members. The Pension Board shall be known as the "Board of
Trustees of the City of McHenry Police Pension Fund." Two members of the
Pension Board shall be elected by active participants of the police
department. Two members of the Pension Board shall be appointed by the
Mayor. The fifth member of the Pension Board shall be elected by and from
the beneficiaries of legal age. Should the Pension Board have no eligible or
willing beneficiary to serve on the Board, the Pension Board may elect an
active participant to fill such vacancy.
Cross-reference: 40 ILCS 5/3-128
§202.1 Terms of Office.
(a) Each trustee of the Police Pension Board shall serve a two year term of
office.
(1) The term of office of any appointed trustee may extend beyond the
two year term if a successor has not been appointed and qualified.
(2) The term of office for all board members shall begin the second
Tuesday in May after elections and municipal appointments have
taken place.
(3) The term of office of any elected trustee may extend beyond the two
year term if a successor has not been elected in accordance with the
provisions of the Pension Code.
Cross-reference: 40 ILCS 5/3-128
§202.2 Staggering of Terms.
(a) It shall be the policy of the Pension Board that the terms of office for
active participant trustees and municipal appointee terms are to be staggered.
The fact that terms may not be staggered during a given year due to
unforeseen circumstances shall bear no impact on any trustee’s ability to
continue acting in his/her formal capacity as a Board member.
4
§203.1 Death, Resignation or Inability to Perform.
(a) Upon the death, resignation or the inability to perform of any elected
Pension Board trustee, his or her successor shall be elected for the unexpired
term at a special election. A special election shall follow the same procedure
as used in the regular biennial election.
(b) Upon the death, resignation, or the inability to perform of any appointed
Pension Board trustee, the Pension Board shall notify the City Mayor and
request that a successor be appointed to fill the unexpired term of the trustee
who is no longer able to perform his or her duties.
Cross-reference: 40 ILCS 5/3-128
§204.1 Compensation.
(a) Pension Board trustees are not entitled to receive any compensation for
services performed as trustees.
Cross-reference: 40 ILCS 5/3-128
§204.2 Reimbursement of Expenses.
(a) Pension Board trustees are entitled to be reimbursed for all reasonable
expenses incurred on behalf of the Police Pension Board in furtherance of
Pension Board business.
(b) Pension Board trustees are entitled to be reimbursed for reasonable
expenses in attending any conferences, seminars or training programs.
(c) The following expenses incurred by Trustees in their capacity as a
Pension Board Trustees, on Pension Board authorized business shall be
subject to reimbursement;
(1) Travel – there shall be a reimbursement rate consistent with current
I.R.S. practice as adopted by the municipality when Trustees use
personal vehicles for Pension Board business, excluding travel to
Pension Board meetings. Travel requiring air travel will only be
reimbursed at a coach fare.
(2) Meals – Trustees shall be entitled to reimbursement for the reasonable
costs of meals while attending training conferences, seminars or other
authorized Pension Board business. Trustees shall be entitled to
reimbursement for the following meals; while on Pension Board
Business:
a) breakfast
b) lunch
c) dinner
(3) Lodging – Trustees shall be entitled to reimbursement for lodging at
a standard room rate.
(d) Trustees shall not be entitled to reimbursement for any expenses incurred
for spouses. Trustees shall not be entitled to reimbursement for lost wages
or compensation.
5
(e) In order to obtain such reimbursement, the trustee must submit written
documentation evidencing the expense incurred and payment of the expense.
The bill will then be presented at the next regularly scheduled meeting of the
Pension Board and the trustees will vote on whether or not to approve
payment of the expense. The approval or denial of any request for
reimbursement made by a trustee, will be recorded in the minutes of the
meeting that the reimbursement is requested. In certain cases, with prior
approval of a majority of the Pension Board, held at a regular or special
Board meeting, the Pension Board may authorize pre-payment of air fare,
meals and lodging expenses.
Cross-reference: 40 ILCS 5/3-133
§205.1 Meetings.
(a) The Pension Board shall hold regular quarterly meetings.
(b) The Pension Board may agree to hold more frequent meetings if deemed
necessary in order to consider pending matters. Agendas and Notices of all
meetings shall be posted in a conspicuous location where its regular meeting
notices are routinely posted.
Cross-reference: 40 ILCS 5/3-130
§205.2 Emergency Meetings.
(a) The President of the Police Pension Board may call special meetings in
emergent or unforeseen situations, upon reasonable notice to all of the
Pension Board's trustees. The reasons for such emergency meetings shall
include but not be limited to: (1) discussion/possible action concerning
pending or threatened litigation; (2) discussion/possible action concerning
investment activity; (3) discussion/possible action concerning pension fund
applications; (4) discussion/possible action concerning
participant/beneficiary requests; (5) any other situation requiring immediate
Board action.
(b) Any Pension Board trustee may request an emergency meeting by serving
written notice upon all other trustees at least twenty four (24) hours prior to
the date of the emergency meeting.
Cross-reference: 40 ILCS 5/3-130
§205.3 Location of Meetings.
(a) Unless otherwise specified, all meetings of the Police Pension Board will
be held at in the Municipal Center Conference Room at 333 South Green
Street, McHenry, Illinois.
§205.4 Time of Meetings.
(a) Unless otherwise specified all regularly scheduled meetings and all
emergency meetings shall begin at 9:00 AM.
6
§205.5 Notice of Meetings. (a) Notice of all regularly scheduled meetings shall be
posted in accordance with the provisions of the Open Meetings Act.
(b) Notice of any emergency meetings will be posted as far in advance of
the meeting as is reasonable under the circumstances.
Cross-reference: 5 ILCS 5/120-1, 40 ILCS 5/3-130
§205.6 Open Meetings.
(a) All Pension Board meetings are open to the public with the exception of
those matters that, in the Pension Board's opinion are to be conducted in
executive or closed session.
(b) All meetings shall allow public comment. Public comment shall be
limited to three (3) minutes per person.
Cross-reference: 5 ILCS 120/2(a)
§205.7 Executive Sessions.
(a) The President or presiding official of the Pension Board may close any
meeting and adjourn in executive session in accordance with an applicable
provision under the Open Meetings Act. The following are examples of
topics that may be discussed in executive session:
(1) discussions concerning the appointment, employment or the
termination of a Pension Board employee;
(2) discussions concerning the settlement of claims against the Pension
Board;
(3) discussions to consider pending or threatened litigation;
(4) meetings dealing with requests for pension benefits (retirement,
survivors, disability, dependent survivors, etc.)
(4) deliberations of the Pension Board during administrative hearings to
review evidence and/or testimony before the Pension Board
concerning any matter pending before it.
No final action or vote will be taken by the Pension Board in executive
session. A verbatim recordation will be kept of all matters heard in executive
session.
Cross-reference: 5 ILCS 120/2(c)
§205.8 Order of Business.
(a) All meetings of the McHerny Police Pension Board shall be conducted
under the following agenda or an agenda set forth by the Pension Board’s
secretary or professional services administrator:
1. Call to Order
2. Roll Call
3. Approval of Minutes
4. Public Comment
5. Old Business
7
6. New Business
7. Closed Session
8. Adjournment
(b) The rules of procedure to be followed at such meetings will be Robert's
Rules of Order, unless Robert's Rules of Order conflict with the Pension
Code or the Rules of the Police Pension Board. Strict compliance with
Robert’s Rules of Order shall not be required.
§205.9 Minutes.
(a) Minutes of all Pension Board meetings shall be kept in accordance with
the recordkeeping provisions set forth in Part 4 of these Rules.
(b) Closed meeting minutes shall consist of a verbatim recording of the
proceeding. This verbatim recording shall be reviewed on a semi-annual
basis for purposes of determining whether they are to remain exempt from
disclosure.
§205.10 Quorum.
(a) A quorum of the Police Pension Board shall consist of at least three
trustees. The approval of any and all Pension Board business shall
require the affirmative vote of at least three (3) trustees at any given
meeting. In emergency circumstances, telephone communication with a
trustee in order to secure his or her vote will be permitted, so long as all
trustees present at the pension board meeting approve such procedure.
(b) The Pension Board shall only be required to maintain a quorum (three
member board) during any administrative proceeding before it,
including during regular meetings, special meetings, and administrative
hearings. So long as a quorum exits during any meeting or proceeding
the Pension Board shall have the discretion and right to proceed on any
matter before it.
§205.11 Electronic Attendance at Board Meeting
(a) In order for a Trustee to appear electronically there must be quorum of
trustees physically present at an open or closed meeting.
(b) Minutes of all meetings shall reflect if a Trustee was physically present
or present by means of a video or audio conference. Lack of such
specification shall be deemed to indicate that the Trustee in question was
physically present.
(c) As provided herein, Trustees who are not physically present may
participate in open or closed meetings by means of a video or audio
conference. Such electronic participation may only occur if the Trustee is
prevented from physically attending by: (1) personal illness or disability; (2)
employment purposes; (3) business of the public body; (4) a family
emergency; or (5) another emergency. If a Trustee wishes to attend a meeting
8
electronically, the Trustee must notify the Board President as soon as
practicably possible. Notification may be made in person, in writing, by e-
mail or by phone.
(d) Upon receipt of notice of intent to participate electronically, the Board
President or Secretary shall made appropriate arrangements for the Trustee
to appear telephonically.
(e) At the meeting the Police Pension Board shall note for the record the
Trustee’s remote appearance and the basis for his/her remote appearance.
The Board, in its discretion may vote to approve such attendance.
(f) When a Trustee is permitted to appear electronically he or she may fully
participate in all matters before the Board whether in open or closed session.
§205.12 Fraud. Any person, member, trustee, or employee of the Board who
knowingly makes any false statement or falsifies or permits to be falsified
any record of a Pension Fund in any attempt to defraud such Fund as a result
of such act, or intentionally or knowingly defrauds the Fund in any manner,
is guilty of a Class A misdemeanor.
Cross-references: 40 ILCS 5/1-135
§205.13 Indemnification. The Pension Board shall indemnify and protect its Trustees
against all damage claims and suits, including defense thereof, when
damages are sought for negligent or wrongful acts alleged to have been
committed in the scope of their duties. Trustees shall not be indemnified for
willful or wanton misconduct or for gross negligence.
Cross-reference: 40 ILCS 5/1-107.
§205.14 Fiduciary Liability Insurance. The Pension Board shall maintain and
annually review and renew a fiduciary liability insurance policy.
9
PART 3 - PENSION BOARD OFFICERS AND EMPLOYEES
§301.1 Officers.
(a) The officers of the Police Pension Board shall be: the president, vice-
president, secretary and assistant secretary. The Pension Board may elect
other officers as deemed necessary.
Cross-reference: 40 ILCS 5/3-130
§301.2 Employees/Consultants.
(a) The Pension Board may, in its discretion, hire employees, experts or
consultants to carry out certain duties and functions of the Pension Board.
The duties of any such employees and compensation will be specified in the
minutes of the Pension Board meeting establishing the employment
relationship. The Board may delegate the hiring of any experts.
(b) No person receiving either a disability pension, retirement pension or
survivor’s pension shall be eligible for employment by the Pension Board.
Cross-reference: §5/3-137, 5/3-138
§301.3 General Powers and Duties of the Pension Board. The Pension Board shall
have the following powers and duties in addition to the other powers granted
under the Illinois Pension Code:
(a) To make necessary rules and regulations in conformity with the
provisions of the Pension Code. These rules and regulations may be
amended from time to time by a majority vote of the Board. For good cause
shown, strict compliance with the Rules may be waived by the Board. Notice
shall be sent to all pension participants and beneficiaries as to any changes
in the Board’s administrative rules and shall provide information concerning
how to request a copy of the same.
(b) To provide for payment from the Fund all necessary expenses as
approved by the Board. The Board may pre-approve or “ok to pay” routine
bills and invoices that are received between pension board meetings so long
as the Board formally votes to retro-actively approve such disbursements.
(c) To issue subpoenas for records or subpoenas compelling witnesses to
attend and testify before the Board upon all matters connected with the
administration of the Pension Fund. Subpoenas shall be issued in the manner
provided by law for the taking of testimony in Circuit Court of McHenry
County. The Pension Board’s legal counsel has the authority to issue and
execute subpoenas for records or testimony on the Board’s behalf. The
Pension Board may seek a waiver of the payment of the statutory mileage fee
associated its issuance of a subpoena for testimony or records.
(d) To collect, pay, contest, compromise, settle or abandon claims of or
against the Fund.
(e) To appoint or hire a recording secretary, attorney, auditor, accountant,
10
actuary, and/or other consultant(s) and to pay reasonable compensation to
such appointees.
§301.4 Duties of the President.
(a) The President shall preside over all functions and duties of the Pension
Board, unless such functions or duties are specifically delegated to other
trustees, employees or agents of the Pension Board. The President shall
preside over all meetings of the Pension Board and execute all orders,
certificates and other documents necessary to carry out the affairs and
activities of the Pension Board.
Cross-reference: 40 ILCS 5/3-130
§301.5 Duties of the Vice-President.
(a) The Vice-President shall perform the functions and duties of the
President during any vacancy in that office or during any such time that the
President is unable to perform his or her duties.
Cross-reference: 40 ILCS 5/3-130
§301.6 Duties of the Secretary.
(a) The Secretary shall perform the following duties and functions: (1) be
the custodian of all Pension Board records, minutes of the meetings, and
documentation; (2) record and transcribe the minutes of all regular, special
and emergency meetings of the Pension Board; (3) execute any and all
documents on behalf of the Pension Board; (4) certify the authenticity of all
resolutions or documents of the Pension Board; (5) perform all other duties
necessary to the administration of the Pension Board, at the direction of the
President or the Pension Board.
Cross-reference: 40 ILCS 5/3-130
§301.7 Duties of the Assistant Secretary.
(a) The Assistant Secretary shall act as and perform the functions of the
Secretary whenever necessary to discharge the functions of that office.
§301.8 Duties of The Treasurer.
(a) The Treasurer of the municipality shall be the treasurer of the Pension
Board and shall perform the following duties and functions; (1) act as
custodian of the Fund's assets and shall secure and safely keep the funds
assets, subject to the control and direction of the Pension Board; (2) keep all
books and accounts concerning the fund in such a manner as may be
prescribed by the Pension Board. Cross-reference: 40 ILCS 5/3-132
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PART 4 - RECORDKEEPING AND REPORTING REQUIREMENTS
§401.1 Minutes of Meetings.
(a) The Secretary, Assistant Secretary, or recording secretary as appointed
by the Board, shall keep and maintain minutes of all public meetings and
separate verbatim minutes of matters heard in executive session. Minutes of
all executive session meetings will be reviewed by the Pension Board on an
annual basis to determine if the matters contained in those minutes can now
be disclosed to the public.
Cross-Reference: 40 ILCS 5/3-137; 5 ILCS 120/2
§401.2 Closed Session Minutes and Recordation Policy
(a) A verbatim record shall be kept of all meetings or portions of meetings
of the pension board closed to the public. The verbatim record shall be in
the form of audio, video or written transcript. In addition, minutes shall be
kept of all closed meetings in the manner prescribed under the Open
Meetings Act and shall be approved by the Pension Board at a subsequent
meeting.
(b) From their inception all closed or executive session minutes are to be
considered exempt from disclosure pursuant to the Illinois Freedom of
Information Act. Minutes of all executive session meetings will be reviewed
by the Pension Board on a semi-annual basis to determine if the matters
contained in those minutes can now be disclosed to the public.
(c) In accordance with applicable provisions under the Open Meetings Act,
beginning on or after eighteen (18) months from the date a closed session
meeting minute was approved, the Board may consider whether it wishes to
destroy the corresponding verbatim audio or video recording of the closed
session. Such consideration must be made during a Board meeting and must
be placed as a meeting agenda item. Destruction of a verbatim recordation
may only take place after an affirmative vote and must be memorialized in
the Board’s meeting minute.
Cross-reference: 40 ILCS 5/3-137; 5 ILCS 120/2
§401.3 Correspondence File.
(a) The Pension Board shall maintain a general correspondence file with
copies of all correspondence sent or received by the Pension Board, including
contracts entered into by the Board with legal counsel, investment managers,
and other persons employed or retained by the Pension Board.
§401.4 Investment File.
(a) The Pension Board shall maintain on an annual basis, an investment file
containing all documentation and correspondence relating to investment
activity from the Illinois Police Officers Pension Investment Fund
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(“IPOPIF”) for each year. This file may include monthly custodial account
statements and quarterly and annual consultant investment performance
reports.
§401.5 Litigation Files.
(a) The Pension Board shall maintain a separate file as to all matters in
litigation. If the litigation involves the denial of a retirement pension or a
disability pension, the litigation file may be maintained as a part of the
applicant's personal file.
(b) All matters contained in the litigation file shall be considered private and
not disclosable to the public.
§401.6 Annual List of Payments to the Municipality.
(a) The Pension Board shall submit to the Board of Trustees of the
municipality an annual report of pension fund payments to be made, which
report shall state: (1) the persons entitled to payments; (2) the amount of
such payments; and, (3) the reasons for such payments. This report shall also
include all items of income accrued to the Pension Fund during the fiscal
year.
(b) The report shall be submitted at the close of the municipality's fiscal
year.
(c) The report shall be signed by the President and Secretary of the
Pension Board and certified or attested to under oath.
Cross-reference: 40 ILCS 5/3-134
§401.7 Annual Report by the Pension Board.
(a) The Pension Board shall also submit an annual report to the municipality
as to the general condition of the Pension Fund. This report shall be made
prior to the municipality's meeting held for the levying of taxes for the year
for which the report is made.
(b) The annual report shall contain the following information:
(1) The assets of the Pension Fund;
(2) The estimated receipts during the next succeeding calendar year from
the deductions of the salaries of police officers and all other sources;
(3) The estimated amount required during the next calendar year to pay
all pensions and other obligations of the Pension Fund and to meet the
annual requirements of the Pension Fund for the municipality's
portion of the financing as set forth in §5/3-125 of the Pension Code.
Cross-reference: 40 ILCS 5/3-125, 5/3-143
§402.1 Annual Report of the Municipality's Treasurer.
(a) Under the Pension Code the treasurer of the municipality is required
to provide a sworn statement to the Pension Board that is to contain the
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following information:
(1) All monies received and paid out by the treasurer on behalf of the
Pension Fund;
(2) The amounts presently held on behalf of and owing to the Pension
Fund.
(b) The annual treasurer’s report may be based upon information
provided by the Pension Fund’s accountants.
Cross-reference: 40 ILCS 5/3-141
§402.2 Report for Tax Levy.
(a) The Pension Board shall report to the Mayor of the municipality on the
condition of the pension fund at the end of its most recently completed fiscal
year. The report shall be made prior to the council or board meeting held for
appropriating and levying taxes for the year for which the report is made.
The report shall be prepared by an enrolled actuary retained by the Pension
Board or an accepted actuarial report obtained by the City of McHenry or
IPOPIF.
§402.3 Statements of Economic Interest.
(a) Each Trustee of the Police Pension Board shall be required to file a
Statement of Economic Interest as set out in 5 ILCS 420/4A-103.
Cross-reference: 5 ILCS 420/4A-101(o).
§402.4 Duty of the Municipality to Furnish Information.
(a) Upon the demand of the Pension Board, any official of the municipality
shall furnish a statement to the Pension Board relating to the municipality's
method of financing the Pension Fund or the handling of Pension Fund
assets. All books and records of that municipal official shall be produced at
any time for examination and inspection by the Board.
(b) In the event that treasurer, or any other municipal official refuses to
produce such books and records, the Pension Board may exercise its
subpoena power pursuant to §3-136 of the Pension Code in order to require
the production of such books, records or testimony. The subpoena may
require the treasurer or other municipal official to appear at the regularly
scheduled meeting of the Pension Board, or at any specially scheduled
meeting called by the Pension Board.
Cross-reference: 40 ILCS 5/3-136, 5/3-141
§403.1 Recordkeeping as to Police Department Participants.
(a) A file shall be maintained on each active police officer who is a
participant and member of the Police Pension Fund. Each active member's
file should contain the following documentation:
(1) Application for Membership;
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(2) Any medical reports or documentation as to the applicant's physical
or mental fitness to perform the duties of a police officer;
(3) Pension Board's letter of acceptance into the Police Pension Fund;
(4) Copy of participant's birth certificate;
(5) Copy of participant's marriage certificate;
(6) Copies of documentation evidencing dissolutions of marriage;
(7) Certified copies of any QILDROs, QILDRO Consents and QILDRO
Calculation Orders
(8) Copy of documentation evidencing military service after admission
into the Pension Fund;
(9) Birth certificates for all dependents;
(10) A record of the participant's contributions and service credits on an
annual basis;
(11) Yearly creditable service reports received from the municipality or
police department (if any);
(12) Copies of any disability pension applications that were withdrawn or
denied by the Pension Board;
(13) Copies of any orders and decisions of the Pension Board denying a
disability pension or a retirement pension filed by the participant;
(14) All correspondence to and from the participants.
(b) Each participant shall be required to complete a Participant Information
Form. In the event that the participant or the municipality fails or refuses to
supply any of the documentation set forth above, the file shall contain a
memorandum to that effect.
§403.2 Recordkeeping as to Retirees.
(a) A file shall be maintained on all retired members of the Pension Fund.
Each retired member's file should contain the following documentation:
(1) Application for retirement benefits;
(2) Documentation as to Benefit Computations:
(A) Date of Birth;
(B) Date of Appointment;
(C) Date of Retirement;
(D) Creditable Service Records;
(E) Applicable Pension Rates;
(F) Salary attached to the rank held by the pension applicant;
(G) All documents previously maintained pursuant to §403.1
above.
Cross-references: 40 ILCS 5/3-111, 5/3-139
§403.3 Recordkeeping as to Disability Pension Beneficiaries.
(a) A file shall be maintained on all disability pension applicants who were
granted either a duty or non-duty disability. Each file should contain the
15
following documentation:
(1) Application for the disability pension;
(2) Physician's statements and medical reports relating to the disability;
(3) Transcript of Proceedings;
(4) Order and Decision of the Pension Board;
(5) Certificate of Payment;
(6) Documentation as to benefit computation;
(7) Annual physician's report as to continuing disability;
(8) All documents previously maintained pursuant to §403.1 above.
Cross-references: 40 ILCS 5/3-114.1, 5/3-114.2
§403.4 Recordkeeping as to Surviving Spouses.
(a) A file shall be maintained on each beneficiary who is a surviving spouse
of any participant receiving benefits. Each file should contain the following
documentation:
(1) Application for surviving spouse benefits;
(2) Marriage Certificate;
(3) Death Certificate of Spouse;
(4) Spouse's Birth Certificate;
(5) Documentation relating to benefit computation;
(6) All documents previously maintained pursuant to §403.1 above.
Cross-reference: 40 ILCS 5/3-112
§403.5 Recordkeeping as to Children's and Adult Dependent Benefits.
(a) A file shall be maintained on each beneficiary who is the child or deemed
and adult dependent of a police officer receiving benefits. Each file should
contain the following documentation:
(1) Application for child's benefit;
(2) Birth certificate of each child;
(3) Adoption certificate, if applicable;
(4) Details of benefit computation;
(5) Documentation establishing mental or physical disability and
financial dependence upon police pension participant/beneficiary;
(6) All documents previously maintained pursuant to §403.1 above.
Cross-reference: 40 ILCS 5/3-112
§403.6 Recordkeeping as to Separated Members.
(a) A file shall be maintained on each participant and Pension Fund
member who withdraws from the Pension Fund. Each file should contain the
following information:
(1) Written application withdrawing from the Pension Fund and
requesting a refund of contributions;
(2) Service date documentation;
16
(3) Documentation as to how refund was computed;
(4) Copy of canceled check or other documentation indicating payment
of refund;
(5) All documents previously maintained pursuant to §403.1 above.
§404.1 Affidavits of Continued Eligibility.
(a) Each pension beneficiary shall on an annual basis, regardless of physical
location or residence, submit a notarized affidavit of continued eligibility to
receive pension payments.
(b) Each pension beneficiary shall have thirty (30) days from the date the
affidavit is served/mailed to complete, have notarized and return the affidavit
to the Pension Board. A pension beneficiary’s failure to properly execute
and timely submit/return his or her affidavit within the thirty (30) day
timeline delineated on the affidavit shall result in the temporary suspension
of the beneficiary’s direct deposit benefit payment. The beneficiary shall
instead be required to retrieve his or her monthly benefit payment from the
Pension Fund’s office as means of physically verifying the individual’s
existence and submitting his or her affidavit to the Board. The suspension of
any beneficiary’s electronic pension payment shall be made in writing and
sent certified first class mail to the individual’s last known address.
(b) All disabled pensioners under age fifty who required to undergo an
annual disability re-evaluation shall be required to submit a notarized
affidavit of continued disability eligibility. The affidavit shall include
requests for updated medical treatment and employment information.
Failure to submit a timely disability affidavit shall result in the temporary
suspension of the disability beneficiary’s direct deposit benefit payment. The
beneficiary shall instead be required to retrieve his or her monthly benefit
payment from the Pension Fund’s office as means of physically verifying the
individual’s existence and submitting his or her affidavit to the Board.
(c) A pension recipient’s failure to properly provide or fully disclose
information requested on an affidavit of eligibility may be considered by the
Pension Board during an administrative proceeding when rendering
credibility findings.
§405.1 Subpoenas.
(a) The Pension Board has the power to subpoena witnesses or
documentation. The Pension Board shall retain a copy of each subpoena that
is issued. The Pension Board may also issue a check with each subpoena for
mileage or witness fees as provided by law on any subpoena that the Pension
Board initiates on its own behalf.
(b) At the request of any applicant in a disability or retirement pension
proceeding, the Pension Board will execute and issue subpoenas. The
subpoena shall be prepared on a form acceptable to the Pension Board. The
17
Pension Board will not be responsible for the payment of any mileage or
witness fees as required under the law. Such fees shall be the responsibility
of the person requesting the subpoena. The person or entity requesting
issuance of a subpoena shall also be responsible for service of the subpoena
on the person/entity affected and preparation of any collateral requisite
notices.
(c) The Pension Board’s legal counsel has the authority to issue and
execute subpoenas on the Board’s behalf for documents or testimony.
Cross-reference: 40 ILCS 3-136
§406.1 Confidentiality.
(a) Unless permitted under the Illinois Freedom of Information Act
(FOIA) or subject to disclosure under other state or federal law, all Pension
Board records shall be considered confidential and are not subject to
disclosure to the general public.
(b) Any Pension Fund participant or beneficiary may review his or her
own file upon written request.
(c) As a separate and distinct legal entity, any and all requests for
information made by a municipality shall be in the form of and be treated as
a formal FOIA request.
(c) Any records that are subject to FOIA shall be disclosable only to the
extent provided under that Act.
(d) In accordance with the exemptions provided under the Freedom of
Information Act, IME reports, FCE reports and any other medical/treatment
records constitute personal and private information and shall be exempt from
disclosure unless waived in writing by the party affected.
(e) Upon written request or verbal request on the record at hearing, and
to the extent allowable under the law, records entered as exhibits during the
course of any administrative proceedings may be kept under seal and shall
be exempt from disclosure to the public up through the culmination the
administrative proceeding before the Pension Board.
(e) Any and all communications amongst the Pension Board and its legal
counsel constitute confidential communications, are subject to the attorney
client privilege and may therefore be considered exempt from disclosure
under the Freedom of Information Act.
Cross-reference: 5 ILCS 140/7, 140/7.5
§406.2 Freedom of Information Act Requests.
(a) Freedom of Information Act (FOIA) requests and response shall be
made/provided in accordance with the statutes contained under the Illinois
Freedom of Information Act.
(b) Any requests for information or requests to review documentation
made pursuant to the Freedom of Information Act shall be submitted to or
18
filed with the Pension Board's designated FOIA Officer. A request shall not
be considered to have been received by the Pension Board unless and until
the request has been received by the Pension Board’s FOIA Officer. The
time for responding to a FOIA request shall begin when the Pension Board’s
FOIA Officer receives a FOIA request.
(c) A copy of the request for information under FOIA shall sent to the
Pension Board's legal counsel for review. The Pension Board’s legal counsel
may respond to any FOIA request on behalf of the Pension Board.
(d) In accordance with section 140/4 of the Freedom of Information Act,
Article 3 of the Illinois Pension Code shall constitute a description of the
Pension Board’s plan summary and purpose, and these Administrative Rules
and Regulations shall constitute a description of the plan’s operations,
functional subdivisions, and a description of how FOIA requests are to be
submitted/directed.
(e) In accordance with section 140/5 of the Freedom of Information Act,
Part 4 of these Administrative Rules and Regulations (Record Keeping and
Reporting Requirements) shall constitute the list of current types or
categories of records under its control.
(f) All Pension Fund records shall be presumed to be kept and maintained
in paper format for FOIA response purposes. Should records responsive to
a FOIA request be maintained in both paper and electronic format, the
Pension Board shall have the discretion to send the entire response in paper
format or electronic format, whichever is deemed to be most efficient and
economical.
Cross-reference: 5 ILCS 140/3.5; 140/4; 140/5
19
PART 5 - ELECTION OF PENSION BOARD TRUSTEES
§501.1 Election of Board Trustees.
(a) The election of the two Pension Board trustees chosen by the active
participants and the Pension Board trustee chosen by the beneficiaries shall
be held biennially. The election shall be held on the 3rd Monday in April of
each election year.
Cross-reference: 40 ILCS 5/3-128
§501.2 Term of Office.
(a) The term of office of each elected Pension Board trustee shall be two
years. The term of office of each elected Pension Board trustee shall begin
on the 2nd Tuesday of the Month of May, following the election.
Cross-reference: 40 ILCS 5/3-128
§501.3 General Election Procedure.
(a) All elections will be supervised by a trustee who is not running in the
election.
(b) All contested elections will be conducted under the Australian secret
ballot method.
(c) All elections will be conducted by mail, electronic mail or by an
electronic voting system. However, the Pension Board, by a majority vote
of the trustees, may hold elections in any other manner that is consistent with
the Pension Code. Elections that are not conducted by mail will be held at a
convenient place within the municipality as determined by a majority vote of
the trustees.
Cross-reference: 40 ILCS 5/3-128
§502.1 Eligibility to Serve as a Trustee.
(a) All active police officers who are members and participants of the
Pension Fund are eligible to run for the office of Pension Board trustee
representing the active Pension Fund participants. An active participant
trustee who retires during his or her term may continue to serve the Pension
Board throughout the remainder of that term.
(b) All beneficiaries of legal age are eligible to run for the office of Pension
Board trustee representing the beneficiary members.
Cross-reference: 40 ILCS 5/3-128
§502.2 Nomination and Voting Rights.
(a) For each nomination and for any election, no person shall be entitled to
cast more than one ballot.
(b) At any election, each active participant shall be entitled to nominate two
(2) persons for the office of pension board trustee representing the active
20
members.
(c) At any election, each beneficiary of legal voting age shall be entitled to
nominate one (1) person for the office of pension board trustee on behalf of
the beneficiary members.
(d) A pension board participant or beneficiary may nominate himself or
herself for the office of pension board trustee.
Cross-reference: 40 ILCS 5/3-128
§502.3 Mailing Lists.
(a) The Pension Board shall maintain a mailing list of all active participants
and all beneficiaries of legal voting age, with current addresses and e-mail
addresses, which will be utilized in the nomination and election of pension
board trustees.
§503.1 Nomination Procedure.
(a) On or before March 1st of any election year, the Pension Board shall mail
a Notice of Election and Request for Nominations to each participant and
beneficiary who is eligible to vote. The notice shall advise each eligible voter
of the upcoming election and instruct each active participant that he or she
may nominate two candidates for trustee;
(b) The notice shall specify that all nominations must be post-marked or
received by the Pension Board no later than March 21st. Nominations either
received or post-marked after March 21st will be invalid;
(c) All nominations will be initialed by a supervising trustee, with the date
and time of receipt noted on the nomination ballot;
(d) All participants or beneficiaries who are nominated in accordance with
paragraph (c) above, will have his or her name placed on the election ballot.
§503.2 Elections by Acclamation.
(a) In the event that only two active participants are nominated for pension
board trustee in any given election year, or only one beneficiary is nominated
in any given election year, the persons so nominated may be elected by
acclamation.
§503.3 Contested Elections.
(a) In any election where three or more persons are nominated for the
position of Pension Board trustee representing the participants or in any
election where two or more persons are nominated for the position of Pension
Board trustee representing the beneficiaries, the following procedure shall
apply:
(1) A ballot with the names of all active participants nominated for trustee
will be mailed to each active participant who is eligible to vote on or
before April 1st of any election year. A ballot with the names of all
21
beneficiaries nominated for trustee will be mailed to each beneficiary
of legal voting age on or before April 1st of any election year.
(2) Each ballot packet shall contain a voting instruction sheet, a signature
card identifying the voter, a self-addressed return envelope and the
ballot itself. The instruction sheet shall advise the voter the
appropriate method to mark the ballot and to return the ballot in the
self-addressed envelope along with the signed signature card.
(3) The instruction sheet shall specify that all ballots must be post-marked
or received by the Pension Board no later than the 3rd Monday in
April. All ballots post-marked or received after the 3rd Monday in
April shall be invalid and will not be counted in any election.
(4) All ballots not accompanied by a signed signature card shall be invalid
and will not be counted in any election.
(5) All ballots will be initialed by a supervising trustee, with the date and
time of receipt noted on the ballot envelope.
Cross-reference: 40 ILCS 5/3-128
§503.4 Runoff Elections.
(a) In case of ties, a runoff election shall be held on the third Monday in
May. The Pension Board shall follow the procedure outlined in §503.3 above
in all runoff elections.
(b) If any runoff election ends in a tie, the election winner will be decided
by a coin toss officiated by an appointed trustee.
§503.5 Special Elections.
(a) Upon the death, resignation or inability to act of any elected trustee, his
or her successor shall be elected for the unexpired term of such trustee, at a
special election called by the Pension Board.
(b) Any special election will follow the nomination and election procedures
set forth in §503.1 through §503.3 above.
Cross-reference: 40 ILCS 5/3-128
§504.1 Election Results.
(a) The results of all elections for pension board trustee shall be posted in
the same manner that other notices are posted.
Cross-reference: 40 ILCS 5/3-128
22
PART 6 – ADMISSION AND WITHDRAWAL PROCEDURES
§601.1 Eligibility for Admission into the Pension Fund.
(a) In order for an individual to be admitted into the Police Pension Fund,
he or she must meet all of the following requirements:
(1) The individual must be appointed to the Police Department and must
be sworn and commissioned to perform police duties;
(2) Within three (3) months of receiving his or her appointment or
reappointment. makes written application to the Pension Board for
admission into the Police Pension Fund. The Pension Board may
extend this admission period, in its discretion.
(b) A probationary police officer is eligible for membership in the Police
Pension Fund, provided the other requirements of Section 3-106 of the
Pension Code and Section 601.1(a), set out above are met.
Cross-reference: 40 ILCS 5/3-106
§601.2 Persons Excluded.
(a) The following individuals are ineligible for admission into the Police
Pension Fund:
(1) part-time police officers;
(2) special police officers;
(3) night watchmen;
(4) temporary employees;
(5) traffic guards;
(6) auxiliary police officers;
(7) municipal parking lot attendants;
(8) clerks or civilian employees who perform clerical duties exclusively;
(9) persons who fail to make a timely application within three months
after his or her first appointment or any reappointment;
(10) person who fails to make his or her pension contributions as required
under §5/3-125.1 of the Pension Code.
Cross-references: 40 ILCS 5/3-106, 5/3-109, 5/3-125.1
§601.3. Written Application.
(a) Written application for membership shall be made on a form prescribed
by the Pension Board.
(b) All sworn police officers will be given an application form and advised
of the requirement to make written application at the time of his or her first
appointment.
§601.4. Determining When a Police Officer is Appointed, Sworn, and
Commissioned.
(a) A police officer can only be appointed to the police force by the Board
23
of Fire and Police Commissioners. An individual appointed to the police
force by someone other than the Board of Fire and Police Commissioners is
not eligible for admission into the Pension Board.
(b) It is the Board of Fire and Police Commissioners who also commissions
police officers. A person not properly commissioned cannot be admitted into
the Pension Fund.
(c) It is the duty of the Pension Board to ascertain that all police officers
seeking admission into the Pension Fund have been properly appointed,
sworn and commissioned.
Cross-references: 40 ILCS 5/3-106; 65 ILCS 5/10-2.1-4; 65 ILCS 5/3-9-3
§601.5 Refund.
(a) A police officer who is separated from police service with less than
twenty (20) years of service is entitled to a refund of his contributions upon
filing a written request to the Pension Board.
(b) Upon receipt of the written withdrawal request, the Pension Board shall
send the officer a refund statement indicating the amount of contributions the
withdrawing member is entitled to receive. The Pension Board shall also
advise the treasurer of the municipality to process the refund.
(c) A police officer is not entitled to any interest at the time of withdrawal
of contributions.
(d) Payment of a refund shall bar the police officer and his or her dependents
from any further participation or receipt of any future Pension Fund benefits.
(e) A police officer who is not separated from police service may not
withdraw from participation in the Police Pension Fund.
Cross-reference: 40 ILCS 5/3-124
§601.6 Refund to Survivors.
(a) The surviving spouse of a police officer who dies with less than ten (10)
years of police service shall be entitled to a refund of the police officer's
contributions, if the surviving spouse makes a written request for such
refund.
(b) If a police officer dies leaving no surviving spouse, the excess of the
police officer's contributions over any pension payments, shall be refunded
to his or her heirs or estate, if the heirs or estate make a written request for
such refund.
(c) Any refund paid under this Section shall be paid without interest.
(d) Any refund paid under this Section shall bar the surviving spouse, the
heirs or the estate of the deceased police officer from any further participation
in the Police Pension Fund or the receipt of any future Police Pension Fund
benefits.
(e) Upon receipt of the written refund request from the surviving spouse,
heirs or estate, the Pension Board shall send the party requesting the refund
24
a written statement indicating the amount of refund the party is entitled to
receive. The Pension Board shall also advise the treasurer of the
Municipality to process the refund.
Cross-reference: 40 ILCS 5/3-124
§601.7 Readmission into the Pension Fund.
(a) A police officer who is separated from police service and receives a
refund of his contributions and is subsequently re-appointed to the police
department and applies for re-admission into the Police Pension Fund, will
be entitled to re-admission if each of the following conditions are met:
(1) The police officer repays the Pension Fund the amount of the previous
refund together with interest at 2% per annum, from the date of the
refund until the date of the re-payment.
(b) A police officer can apply for re-admission into the Police Pension Fund
without re-payment of the amount refunded. However, the officer shall be
treated as an entirely new pension fund member and there shall be no
reinstatement of his or her previous creditable service.
Cross-reference: 40 ILCS 5/3-124
25
PART 7 - ADJUDICATION OF FORMAL PENSION
CLAIMS & MATTERS
§701.1 Hearing Procedure in Contested Cases.
(a) If the Pension Board determines that there is a possibility that an
applicant for a disability or retirement pension may not be entitled to the full
relief he or she is requesting, the applicant shall be entitled to a hearing before
the Police Pension Board.
(b) The hearing procedures to be followed in such cases are those procedures
set out in Part 8 of these rules and in accordance with the statutes contained
under the Illinois Open Meetings Act (OMA).
§701.2 Request for a Hearing.
(a) An applicant seeking a disability or retirement pension may in any case
request that the Pension Board hold a hearing.
(b) The request for a hearing must be made in writing by the applicant or his
legal counsel.
(c) The hearing procedures to be followed in such cases are those procedures
set out in Part 8 of these rules and in accordance with the statutes contained
under the Illinois Open Meetings Act (OMA).
§701.3 Termination, Suspension or Recomputation of Disability Pension or
Benefits.
(a) If the Pension Board determines that there is a possibility that a police
officer's disability pension may be terminated or recomputed for any reason,
the pension recipient shall be entitled to a hearing before the Pension Board.
(b) A disability pension recipient’s unreasonable failure to appear at his
or her annual re-evaluation, as required pursuant to 40 ILCS 5/3-115, shall
result in the recipient’s assumption of any and all cancellation/rescheduling
costs associated with his or her failed appearance. Additionally, the Board
may, in its discretion, vote to suspend the recipient’s pension benefits until
he or she completes the re-evaluation process.
(c) The hearing procedure to be followed in such cases are those procedures
set out in Part 8 of these rules.
Cross-reference: 40 ILCS 5/3-116
§701.4 Loss, Suspension or Revocation of Pension Rights or Benefits.
(a) If the Pension Board determines that any participant or beneficiary may
have his or her pension rights revoked or terminated, the participant or
beneficiary shall be entitled to a hearing before the Pension Board.
(b) The hearing procedure to be followed in such cases are those procedures
set out in Part 8 of these rules.
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§702.1 Disability Pension Applications.
(a) All applications for a duty disability pension under §5/3-114.1 of the
Pension Code, a non-duty disability pension under §5/3-114.2 of the Pension
Code, and/or an occupational disease (heart attack or stroke) disability
pension under §5/3-114.3 shall be made on an Application for a Disability
Pension form, which will be supplied by the Pension Board upon request. A
disability pension application shall be processed based upon the date when
the application was served or formally received by the Pension Board, not
the date it was executed.
(b) A police officer must list on his or her disability application any and
all injuries, illnesses, conditions that he or she is suffering from as of the date
of application that are or may become the subject of the applicant’s disability
claim. An applicant who fails to list all relevant injuries, illnesses or
conditions that he or she knew about or was suffering from on the date of
application that could have formulated a basis for a disability claim are
waived, and an applicant may not later amend his or her application to seek
disability pension benefits relating to the same.
(c) An applicant may file for a non-duty or occupational disease disability
pension claim in the alternative to his or her request for a line of duty
disability pension.
(d) A police officer may only apply for a non-duty disability pension for
a medical condition lasting greater than thirty (30) days in duration.
(e) Along with the Application referred to in §702.1(a) above, each
applicant will be required to submit a detailed written statement specifying
exactly how the claimed disability arose/occurred. The Pension Board may
render credibility findings at hearing based upon the applicant’s failure to
provide detailed and/or correct information on his or her application as to his
or her condition/claim.
(f) The applicant shall be required to submit a list of his or her treating
provider’s contact information and dates of service on his or her application.
The applicant may also supplement his or her application with medical
evidence and/or doctors’ reports setting forth the nature and extent of the
claimed illness, injury, or condition.
Cross-references: 40 ILCS 5/3-114.1; 5/3-114.2
§702.2 Records Retention.
(a) In order to process a disability claim the Pension Board shall request
a full and complete set of records from the applicant’s medical providers. In
accordance with its subpoena power under the Pension Code, it shall be the
policy of the Pension Board to subpoena the disability applicant’s personnel
file, worker’s compensation records, job description, salary and service
information and any additional relevant documentation from the
municipality. The issuance of said subpoena shall serve as notification to
27
the municipality as to the pendency of the disability claim.
(b) An applicant who continues to seek medical treatment throughout the
adjudication process of his or her claim shall be responsible for
supplementing the Pension Board with all additional treatment records prior
to undergoing the requisite independent medical evaluations. Failure to
provide the Pension Board with up to date information concerning the
applicant’s medical treatment and condition may result in the delay and or
suspension of disability pension proceedings.
(c) The Pension Board shall not be liable for failing to provide medical
information and/or reports to its independent medical providers if such
information was not accurately listed or provided on the police officer’s
disability application, or if such medical information and/or reports were not
furnished to the Pension Board within fourteen business days from the date
the applicant undergoes his or her independent medical evaluations (IMEs).
§702.3 Burden of Proof in Disability Pension Claims.
(a) In all pension disability claims, the burden of proof is on the applicant to
prove his or her entitlement to either a duty disability or a non-duty disability,
by a preponderance of the evidence.
Cross-references: 40 ILCS 5/3-114.1; 5/3-114.2
§702.4 Medical Examination Procedures in Disability Pension Claims.
(a) Upon receipt of an application for a disability pension and retention of
all relevant records, the Pension Board shall schedule independent medical
examinations with physicians selected by the Board or its attorney, in order
to determine whether the applicant is physically or mentally disabled.
(b) Medical examinations and opinions may be obtained from at least three
physicians selected by the Pension Board. The Pension Board in its
discretion may select any of the physicians used by the applicant provided
the prior medical reports and certificates of disability are presented to the
Pension Board. The Pension Board may require other evidence of disability.
The Board may, in its discretion have the applicant examined by more than
three physicians.
(c) The Pension Board will schedule the medical examinations with the
appropriate physicians and then notify the disability applicant of the
scheduled examination on a Notice of Medical Examination Form.
(d) Should the disability applicant need to reschedule any given
examination, he or she must notify the Pension Board’s attorney at least
seven (7) days prior to the date examination of his or her intent to cancel the
appointment. An applicant’s failure to provide at least seven (7) days notice
of cancellation or outright failure to appear at the medical examination shall
result in the applicant’s assumption of any and all fees and costs associated
with such cancellation/non-appearance.
28
(e) Each physician selected by the Pension Board shall be required to submit
a signed Physician's Certificate of Disability and/or a detailed medical report
indicating whether the applicant is physically or mentally disabled and
whether the disability renders necessary his or her suspension from police
service. The physician may also indicate in appropriate cases whether or not
the alleged injury of illness was incurred from the performance of an act of
police duty.
Cross-reference: 40 ILCS 5/3-115
§702.5 Unreasonable Failure to Appear for an Independent Medical Examination
or Submit Documentation
(a) If a disability pension applicant fails or refuses to take part in an
independent medical examination scheduled by the Pension Board, without
a valid reason, the Board may determine that the applicant is not disabled.
(b) Valid reasons for failing to take part in an independent medical
examination include the following:
(1) Illness on the date of the scheduled examination or test;
(2) Not receiving timely notice of the scheduled examination or
test, or receiving no notice at all;
(3) Being furnished incorrect or incomplete information, or being
given incorrect information about the physician involved or
the time or place of the examination or test, or;
(4) Having had death or serious illness occur in your immediate family;
(c) If a disability pension applicant unreasonably refuses to provide any
medical documentation or other evidence deemed relevant by the Pension
Board, the Board may determine that the applicant is not disabled.
§702.6 Rescheduling of Independent Medical Examination
(a) A disability pension applicant who wished to reschedule any independent
medical examination must first contact and receive permission to reschedule
from the Pension Board’s legal counsel. Requests for rescheduling must be
made at least seven (7) business days in advance of the contemplated medical
examination.
§703.1 Determining When to Grant a Duty Disability Pension as Opposed to a Non-
Duty Disability Pension.
(a) The determination as to whether a disability is or is not duty related will
normally depend upon the facts in each particular case.
(b) In order to receive a duty disability pension the applicant must prove by
a preponderance of the evidence that there is a relationship of proximate
cause between the applicant's disability and the performance of an act of duty
as a police officer.
(c) In order to receive a line-of-duty disability pension, the police officer
29
must prove that the act of duty involved a special risk, not ordinarily assumed
by a citizen in the ordinary walks of life.
Cross-references: 40 ILCS 5/3-114.1; 5/3-114.2
§704.1 Preclusion Against Simultaneous/Interim Retirement Pension Adjudications
during the Pendency of Disability Pension Claim Adjudications; Expense
Offsets
(A) The Pension Board shall not adjudicate a retirement pension claim and
or begin remitting retirement pension benefit payments to a participant who
has also filed and has pending a disability pension claim before it. Only after
the participant’s disability pension claim has been adjudicated and a written
decision and order served may the Pension Board consider and adjudicate a
participant’s simultaneous or subsequent retirement pension claim.
(B) Under no circumstances shall the Pension Board remit retirement
pension payments to a participant when he or she has a disability claim
pending before the Pension Board.
(C) If a participant files a retirement pension claim 1) simultaneously with
2) during the pendency of, or 3) subsequent to his or her disability claim, and
under any of these listed circumstances seeks an award of retroactive
retirement pension benefit payments which overlap the pendency of his or
her disability claim, then the participant’s retirement pension claim shall be
adjudicated retroactively in accordance with the law, however such
retroactivity shall be subject to offsets for costs incurred by the Pension
Board in adjudicating the individual’s disability claim. Such offset expenses
shall include costs for applicable medical records retention, independent
medical evaluation (IME) fees, functional capacity evaluation (FCE) fees,
and court reporter/hearing costs.
(D) In accordance with the retroactive offsets provided in subsection (C),
attorney’s fees shall not be considered an offset expense.
(E) In accordance with subsection (C), the Pension Board reserves the
right to negotiate the amount of disability expense offsets with the participant
and withhold such expense offsets from future retirement pension benefit
payments until all disability expense offsets have been recouped. The
participant shall be entitled to notice and an opportunity to be heard regarding
any intended disability expense offsets. The Pension Board shall formally
render a vote as to any and all disability expense offsets.
§705.1 Annual Medical Re-Evaluations for Disabled Pensioners Under Age Fifty
(a) All disabled pensioners under age fifty (50) shall be required to undergo
a medical re-evaluation for purposes of verifying each pensioners
continuance of disability. Such re-evaluation shall take place on no less than
an annual basis.
(b) For even numbered years each disability pensioner shall be required to
30
submit a certificate of disability from his or her own provider as a means of
verification.
(c) Beginning in 2021, for all odd numbered years each disability pensioner
shall be required to undergo a full independent medical examination (IME).
The Board may, in its discretion also require the pensioner to undergo a
Functional Capacity Evaluation (FCE) in addition to his or her independent
medical examination.
(d) The Pension Board, in its discretion, may require a disabled pensioner
age fifty or over to undergo medical re-evaluation for purposes of verifying
the individuals continuance of disability. If, upon evaluation, the disabled
pensioner is found to have recovered from disability the Pension Board shall
be required to conduct a show cause hearing.
(e) The issue of recovery from disability and restoration to active duty must
be adjudicate during a formal hearing. Under such circumstances the
disabled pensioner in question shall be provided adequate notice and
opportunity to be heard prior to any formal vote or decision.
(d) If any member who, upon medical examination, is found to have
recovered from his or her disability, the Pension Board shall certify to the
Chief of Police that the member is no longer disabled and may resume his or
her duties as a police officer.
§706.1 Emergency Service.
In case of an emergency, as determined by the Police Chief, a disabled
member may be assigned and shall perform such reasonable duties as the
Police Chief or City may direct. Such person shall have no claim for salary
against the municipality for the duties so performed during periods of
emergency service.
31
PART 8 - HEARING PROCEDURES
§801.1 Applicability.
(a) These rules are applicable to all hearings held before the Police Pension
Board.
§801.2 Filing of Documents.
(a) All documents, applications, briefs or motions required or permitted to
be filed with the Pension Board under these rules or the Pension Code, may
be either mailed or delivered to the Police Pension Board or its legal counsel.
(b) The date of filing shall be the date of delivery of the document or the
date of mailing.
§801.3 Form of Documents.
(a) All documents filed under these rules shall clearly show the Pension
Board hearing number (if any) and the title of the proceedings.
(b) All documents shall be signed by the applicant or his or her attorney.
§801.4 Computation of Time.
(a) Computation of any period of time prescribed by this rule shall begin
with the first business day following the day on which the act, event or
development initiating such period of time occurs, and shall run until the end
of the last day, or the next following business day if the last day is a Saturday,
Sunday, or legal holiday. Where the period of time is five days or less,
Saturdays, Sundays and legal holidays shall be excluded in the computation
of time.
(b) Notice requirements shall be construed to mean notice received, but
proof that notice was dispatched by means reasonably calculated to be
received by the prescribed date shall be prima facie proof that notice was
timely received, unless otherwise specified by law.
§801.5 Appearances.
(a) Any person entitled to participate in pension proceedings may appear as
follows:
(1) A natural person may appear in his own behalf or by an attorney at
law licensed to practice in the State of Illinois, or both.
(2) A business, nonprofit, or government organization may appear by any
bona fide officer, employee, or representative, or may be represented
by an attorney licensed to practice in the State of Illinois, or both.
(b) An attorney appearing in a representative capacity before the Pension
Board shall file a written notice of appearance. There is no specified
appearance form. Any notification in writing in the form of a letter to the
Pension Board will serve as an appearance.
32
§801.6 Municipal Intervention.
(a) As a separate and distinct legal entity, a municipality does not qualify
as a party of interest with respect to matters before the Pension Board.
(b) As a separate and distinct legal entity, a municipality does not qualify
as a party to any matter pending before the Pension Board unless it files a
Petition to Intervene and until such petition is granted by the Board.
(c) A municipality who has been notified of a pending disability,
restoration or divestiture claim and who seeks to participate in any formal
proceeding before the Pension Board must file a Petition to Intervene as soon
as administratively possible and within thirty (30) days from the date of the
Pension Board’s administrative hearing in any given matter. A
municipality’s failure to expeditiously file a Petition to Intervene after
reasonably being placed on notice of a pending matter may be grounds for
denying a municipality’s Petition to Intervene and may be grounds for
denying any subsequent motions for reconsideration. A municipality that
was placed on notice as to a pending claim and that fails to file a Petition to
Intervene within thirty (30) days of from the date of hearing shall not be
permitted to intervene unless for good cause shown.
(d) Notice to the municipality under this section may be in the form of
information requests, such as the issuance of subpoenas and FOIA requests
to the municipality from the Pension Board and/or its legal counsel. Notice
may also be in the form of formal written notification to the municipality’s
legal counsel/department, HR department or finance department by the
Pension Board and/or its legal counsel.
§802.1 Notice of Hearing.
(a) All administrative hearings conducted by the Police Pension Board shall
be initiated by the Pension Board by the issuance of a written Notice of
Hearing, which shall be served upon all parties of record and any attorney
who has filed an appearance.
(b) The Notice of Hearing shall inform the party of the purpose for the
hearing and state the date, time and place of the hearing.
§802.2 Service of the Notice of Hearing.
(a) Service of the Notice of Hearing shall be complete when the Notice is
served in person or deposited in the United State mail postage prepaid, by
first class registered or certified mail, addressed to the last known address of
the person involved, not less than ten days before the date designated for the
Hearing. Service may also be made by facsimile.
(b) A party waives any claim of faulty or untimely notice of hearing by
participating in the hearing.
33
§802.3 Rights of the Parties Prior to Hearing.
(a) Any party has the right to be represented by counsel, at his or her own
expense.
(b) Any party may inspect and review all Board records pertaining to the
case and may obtain copies of any such records at his or her own expense.
(c) Any party, or the Pension Board, may compel the attendance of any
police department employee at the hearing, or any other person who may
have information relevant to the needs, abilities or the status of the case. The
procedures to be utilized regarding the issuance of subpoenas is set forth in
§404.1 of these Rules.
Cross-reference: 40 ILCS 5/3-136
§802.4 Continuance or Postponement of Hearings.
(a) A hearing may be continued for just cause by the Pension Board or any
party. All parties involved in a hearing shall attempt to avoid undue delay
caused by repetitive postponement or continuances, so that the case may be
resolved in an expeditious manner. Repeated requests for a continuance are
disfavored.
§802.5 Admissibility of Evidence.
(a) With the exception of the hearsay rule, the formal rules of evidence
utilized in the Illinois courts do not apply to hearings before the Pension
Board.
(b) In accordance with Illinois Supreme Court Rule 90, all written exhibits
offered into evidence by either the applicant or the Pension Board shall be
presumptively admissible.
(c) If at least thirty (30) days written notice of the intention to offer any
document(s) (including independent medical examination reports, functional
capacity evaluations and/or any other type of medical report) into evidence
is given to either the applicant, applicant’s legal counsel, the Pension Board
or any other party, the document may be admitted into evidence, without
foundation or other proof.
(d) Any party objecting to the admission of an exhibit may subpoena the
author or maker of the document admissible under this rule, at the objecting
party’s expense, and examine the author or maker as if under cross-
examination. Any party objecting to a document admissible under this rule
shall request a subpoena from the Pension Board or the Board’s attorney
prior to the scheduled hearing date.
Cross-Reference: Supreme Court Rule 90.
§802.6 Use and Admissibility of Depositions at Administrative Hearing.
(a) In accordance with Rule 212 and Section 3-136, subpoenas may only be
issued for evidence depositions or live witness testimony at an administrative
34
hearing.
Cross-Reference: Supreme Court Rule 212, 40 ILCS 5/3-136.
§803.1 Conduct of the Hearing.
(a) All hearings shall be open to the public unless required by statute to be
otherwise.
(b) All hearings shall be conducted in a fair, impartial and orderly manner
in accordance with the Administrative Procedure Act. The Pension Board
shall afford any party the opportunity to present evidence, testimony and
arguments relative to the merits of the case, subject to the discretion of the
hearing officer or presiding official.
(c) The Pension Board's legal counsel/hearing officer or the presiding
official will rule on all evidentiary matters or legal determinations.
(d) The following shall be the order of proceedings on all hearings, subject
to modification by the Pension Board's legal counsel/hearing officer or the
presiding official:
(1) presentation and disposition of all motions or matters preliminary to
the hearing;
(2) the applicant or counsel may make an opening statement;
(3) the Pension Board may then introduce any documentation regarding
the disability or have any witnesses testify;
(4) the applicant or counsel may then ask questions or make objections;
(5) the applicant may then present any evidence or witnesses to support
the claim;
(6) the Pension Board or legal counsel may then ask questions or cross
examine witnesses;
(7) the applicant or counsel may then make a closing statement or in the
alternative, submit a post-hearing brief;
(8) the hearing is then closed and the matter is taken under advisement by
the board or, upon motion, the Board will adjourn into closed session
to deliberate or decide the case.
Cross-references: 5 ILCS 100/10-25; 100/10-4
§803.2 Record of Proceedings.
(a) The Pension Board shall ensure that a verbatim record of the hearing is
made, either by tape recording or by a court reporter. The Board shall also
ensure that all written evidence presented at the hearing is marked to indicate
the party offering the evidence and is made part of the administrative record.
The applicant may obtain a copy of the verbatim record of the hearing at his
or her own expense.
§803.3 Authority of the Presiding Official.
(a) The Pension Board President, the Board attorney, or any Pension Board
35
trustee selected by the majority of the trustees shall be the Presiding Official
at the hearing.
(b) The Presiding Official shall have all powers necessary to conduct the
hearing. The Presiding Official may exercise any of the powers necessary to
conduct the hearing with the advice or guidance of the Pension Board's legal
counsel. The Presiding Official's authority shall include but not be limited
to the following powers:
(1) administer oaths and affirmations;
(2) regulate the course of hearings, set the time and place for continued
hearings, fix time for filing of documents, provide for the taking of
testimony by deposition if necessary, and generally conduct the
proceeding according to generally recognized administrative law and
these rules;
(3) examine witnesses and direct witnesses to testify, limit the number of
times any witness may testify, limit repetitious or cumulative
testimony, and set reasonable limits on the amount of time each
witness may testify;
(4) rule upon offers of proof and receive relevant evidence, with the
advice of counsel;
(5) sign and issue subpoenas that require attendance, giving testimony
and the production of books, papers and other documentary evidence;
(6) direct parties to appear and confer for the simplification of issues, and
to otherwise conduct prehearing conferences;
(7) dispose of procedural requests or similar matters;
(8) enter any order that further carries out the purpose of this rule.
§803.4 Official Notice.
(a) Official notice may be taken at a hearing of all facts which judicial notice
may be taken and of other facts of a technical nature, within the specialized
knowledge and expertise of the Pension Board.
§804.1 Written Decision.
(a) All decisions of the Pension Board shall be in writing in the form of an
Order and Decision. If a disability pension is granted as a result of any
decision, the President and Secretary of the Pension Board shall sign and
issue a certificate of payment and forward the certificate of payment to the
treasurer of the municipality.
(b) All final written decision and orders shall be approved by formal vote at
a subsequent Pension Board meeting.
Cross-reference: 40 ILCS 5/3-133
§804.2 Certificate of Service.
(a) All decisions of the Pension Board shall be accompanied by a certificate
36
of service, signed by an agent of the Pension Board, indicating on whom the
order was served, the date and the manner of service.
(b) Service may be made by either personal delivery or certified mail service
shall be deemed to have been mailed when the decision and order is deposited
in the United States mail in a sealed envelope, with postage prepaid,
addressed to the party affected thereby at his or her last known address.
Cross-reference: 735 ILCS 5/3-103
§805.1 Preparation of Administrative Record.
(a) If the Pension Board is sued under the Administrative Review Law, 735
ILCS §5/3-101 et seq., as a result of any decision rendered, the Pension Board
or its legal counsel shall prepare and file with the circuit court a complete
administrative record.
(b) The administrative record should contain the following:
(1) all applications filed by the party;
(2) all records, reports, exhibits presented at the hearing;
(3) a transcript of the hearing;
(4) the written decision of the Pension Board;
(5) the certificate of service;
(6) the complaint and summons in administrative review.
Cross-reference: 735 ILCS 5/3-108
§806.1 Certificate of Payment.
(a) When a disability pension is granted, the Pension Board shall issue a
Certificate of Payment signed by the President and Secretary of the Pension
Board.
Cross-reference: 40 ILCS 5/3-133
37
PART 9 – INVESTMENT POLICIES
§901.1 Investment Authority
(a) In accordance with Article 22B of the Illinois Pension Code, the Police
Officers’ Pension Investment Fund maintains the sole and independent
authority to manage the investment assets of the McHenry Police Pension
Fund.
(b) The Police Officers’ Penson Investment Fund, and not the McHenry
Police Pension Board, shall be considered the fiduciary with respect to the
Pension Fund’s invested assets.
(c) In accordance with Article 22B of the Illinois Pension Code, the Police
Officers’ Pension Investment Fund and not the McHenry Police Pension
Board, shall maintain an investment policy with respect to the McHenry
Police Pension Fund’s investment assets.
(c) The investment of the McHenry Police Pension Fund’s assets shall be
subject to the rules created by the Police Officers’ Pension Investment Fund
and Article 22B of the Illinois Pension Code.
§902.1 Cash Management Policy.
(a) The McHenry Police Pension Fund shall maintain a cash management
policy to ensure present and future cash flow needs are met. This policy shall
be reviewed on at least an annual basis to ensure future cash flow projections
will be met. Cash flow needs shall be reviewed on at least a quarterly basis
to ensure the timely continuation of benefit and administrative expense
payments.
38
PART 10 – TRUSTEE ETHICS AND EDUCATION
§1001.1 Purpose.
(a) The purpose of this section is to set forth a code of ethical conduct for
the trustees of the Police Pension Fund and to establish procedures for the
continuing education of the Board’s trustees.
§1001.2 Standard of Care.
(a) The trustees are aware that they must discharge their duties to the Police
Pension Fund solely in the interests of the Fund’s participants and
beneficiaries using the care, skill, prudence and diligence of a prudent
person.
Cross-reference: 40 ILCS 5/1-109
§1001.3 Existing Law.
(a) Trustees recognize that they are governed by the provisions of the Illinois
Pension Code, particularly Articles 1, 1A and 3 as well as these rules.
§1001.4 Conflicts of Interests.
(a) No trustee shall engage in any transaction or vote in any matter in which
the trustee shall receive any direct or indirect personal gain. This shall not
include, however, trustees who are participants in the Fund, from voting on
benefits or benefit increases that all Fund members would be entitled to.
(b) Prior to voting on any matter in which a trustee would reasonably believe
a conflict of interest exits, the trustee shall publicly announce the conflict and
refrain from voting. The conflict statement required by law shall be recorded
in the minutes of the Board meeting. In determining whether a conflict
exists, trustees shall in all actions endeavor to avoid the appearance of
impropriety.
§1001.5 Prior Communication with Benefit Applicants.
(a) Trustees shall not engage in prior communications with any applicant for
benefits on any matter that is currently pending a hearing before the Board.
This shall not preclude trustees from answering questions of general
application to members where the information provided involves a
restatement of benefits under the Pension Code and does not involve
consideration of matters which will be presented in any evidentiary
proceeding. All requests for information in conflict with this rule shall be
referred in writing to the Pension Board’s attorney for a written opinion.
(b) Trustees addressing benefit questions raised by Pension Fund
participants and beneficiaries should clearly indicate that they are in no way
capable of binding the Pension Board and that all such issues will be
ultimately decided by the Board.
39
(c) In appropriate circumstances, a trustee may refer any questions to the
Pension Board’s attorney.
§1001.6 Prior Communications From Potential Providers or Contractors.
(a) All contacts from potential service providers or entities seeking to do
business with the Board shall be communicated to the Board at its next
quarterly meeting.
§1001.7 Communications with IPOPIF.
(a) All communications between individual trustees and IPOPIF shall be for
informational purposes only unless the individual trustee has been appointed
an authorized agent to IPOPIF on behalf of the Pension Board. No individual
trustee may bind or promise any consideration on behalf of the Pension Fund
except as approved by the Board. All IPOPIF related communications shall
be discussed during the Pension Board’s quarterly meetings.
§1001.8 Applicability to Service Providers.
(a) All service providers or entities doing business with the Pension Board
shall be bound by these ethical rules in their dealings with the trustees and
the Pension Board.
(b) All such persons are responsible to the Pension Board and not to any
individual trustees.
§1001.9 Prohibition of Consideration.
(a) No trustee shall accept any consideration, gratuity or compensation from
any service provider except as to what is allowed under the Gift Ban Act.
(b) No trustee shall accept any consideration, gratuity or compensation from
any participant or beneficiary seeking benefits.
Cross-reference: 40 ILCS 5/1-125(b)
§1001.10 Impartiality and Confidentiality.
(a) Each trustee will deal fairly, objectively and impartially with all fellow
trustees, participants and beneficiaries.
(b) Each trustee shall maintain the confidentiality of Board actions as well
as participant and beneficiary information.
§1002.1 Trustee Training.
(a) All trustees will attend at least eight (8) hours of continual education and
training each year.
(b) All newly elected or appointed trustees must undergo a sixteen (16) hour
certified trustee training program and also complete Illinois Freedom of
Information Act and Illinois Open Meetings Act training.
40
(c) The Pension Board will annually certify each trustee’s compliance with
the training requirements. Cross-reference: 40 ILCS 5/1-113.8
(d) The period determined by the Board for the completion of annual ethics
training shall be as follows: April 30th through May 1st of each corresponding
year.
41
PART 11 - PURCHASE OF PRIOR MILITARY SERVICE
AND CREDITABLE SERVICE TRANSFERS
§1100.1 Purpose
Pursuant to 40 ILCS 5/3-110(b-5), the Police Pension Board will accept as
creditable service for each office, periods of service by such officer in the
military, naval or air forces of the United States entered upon before
beginning service as an active police officer with the McHenry Police
Department.
§1100.2 Application
A police officer shall make written application to the Pension Board to
purchase his or her prior or current military service pursuant to Section 3-
110(b-5) of the Pension Code.
§1100.3 Prior Military Service
The prior military service must have been active military
service/deployment. Reserve service where the individual was not actively
deployed and reserve service training periods shall not count. The service
must be documented on an official Form 214 (Certificate of Release or
Discharge from Active Duty) or other official documentation acceptable by
the Board. The total amount of such creditable service shall not exceed 2
years.
§1100.4 Discharge Paperwork
The Pension Board shall review all release and/or discharge paperwork
submitted by an applicant and may request additional information from
officer or the U.S. military services. The Board, in its discretion, may accept
periods of service for which an individual has been dishonorably discharged.
Decisions to accept periods of military service with dishonorable discharge
shall be considered on a case by case basis.
§1100.5 Contribution Calculations
The contribution to the pension fund required to purchase the prior military
service shall be equal to the amount required by Illinois statute (40 ILCS 5/3-
110(b-5)) and the rules of the Board. The police officer shall pay into the
Pension Fund the amount of the police officer’s regular contribution, the
amount determined to be the municipality’s normal cost, plus interest.
Normal cost and interest calculations shall be determined by a qualified
actuary or other entity acceptable by the Board. The contribution required
of the police officer must be paid to the pension fund (i) within 5 years (60
months) from the date the Board approves the application to convert military
42
service to creditable police service and (ii) before the officer terminates
service in the police department. The required contribution may be paid in a
lump sum or in accordance with a schedule of installment payments
authorized by the Board and the Illinois Administrative Code covering
installment payments for contributions required pursuant to a transfer of
creditable service under 40 ILCS 5/3-110.7. However, notwithstanding any
provision to the contrary, the interest charged on install payments shall be
based on the assumed actuarial rate of return used for the particular year.
§1100.6 Proration
If the contribution that is required or elected has not been paid in full within
the required time, the creditable service shall be prorated to an amount of
time proportionate to the amount of contribution that has been paid. If the
police officer dies in service before payment in full has been made and before
expiration of the 5 year payment period, the surviving spouse of the police
officer may elect to pay the unpaid amount on the police officer’s behalf
within 6 months after the date of death, in which case the creditable service
shall be granted as though the deceased police officer had paid the remaining
balance on the day before the date of death.
§1101.1 Transfers of Creditable Service.
(a) All transfers of creditable service requests and calculations shall be
made in accordance with the Illinois Administrative Code.
(b) Upon receipt of a request to transfer creditable service, the Pension
Fund shall employ its accountant to prepare the necessary calculations. All
initial calculations concerning service transfer requests shall be done at the
Pension Board’s expense. Requests for recalculations for the same service
transfer shall be made at the requestors expense.
§1101.2 Creditable Service Transfer Calculation Components
(a) Unless specially prescribed under the applicable and/or relevant
service transfer window/statutory provision(s), the interest to be utilized
when performing the requisite service transfer calculations shall be
performed by utilizing the assumed rate of return from the Pension Fund’s
most recent actuarial valuation report.
(a) Unless specially prescribed under the applicable and/or relevant
service transfer window/statutory provision(s), a participant shall be afforded
the option of entering into a five-year repayment plan window for paying the
participants share (i.e. true cost) associated with any eligible service transfer
window.
(c) The Pension Board shall liberally construe all service transfer
windows in favor of the individual to which the transfer shall apply.
43
PART 12 – BUYBACK OF UNPAID CONTRIBUTIONS
FOR BREAKS IN SERVICE
§1200.1 Breaks in Service for Less Than 30 Days
In accordance with 40 ILCS 5/3-110(a), the Police Pension Board will accept
as creditable service for each officer, periods of service for furloughs without
pay (including suspension days) lasting less than thirty (30) days time, so
long as all applicable employee contributions are paid into the Pension Fund
in accordance with all other applicable the provisions under this Chapter and
Article 3 of the Illinois Pension Code.
§1200.2 Breaks in Service in Excess of 30 Days
In accordance with 40 ILCS 5/3-110(a), the Police Pension Board will accept
as creditable service for each police officer, periods of service for furloughs
without pay in excess of thirty (30) days due to a police officer’s personal
illness or accident, regardless of length. Furloughs in excess of thirty (30)
days for accident or illness of a police officer’s immediate relative shall not
be counted.
§1200.3 Written Authorization
A police officer shall make written authorization granting or denying the
municipality permission to automatically deduct contributions for all periods
of unpaid break days lasting less than thirty (30) days in time.
§1200.4 Calculations & Withholdings: Breaks Less than 30 Days
The contribution amount required to purchase periods of unpaid break days
of less than thirty days shall be computed in accordance with 40 ILCS 5/3-
125.1. The required contribution for each unpaid break period by the police
officer shall be withheld directly from the police officer’s payroll by the
municipality (pursuant to prior written authorization), and shall be paid into
the pension fund in accordance with the municipality’s established policies
and procedures for all other contribution withholdings.
§1200.5 Calculations & Withholdings: Breaks in Excess of 30 Days
Payment of service for unpaid break days in excess of thirty (30) days due to
personal accident or illness shall be calculated in accordance with 40 ILCS
5/3-125.1 and repayment of those contribution amounts shall be determined
on a case by case basis before the Pension Board.
§1200.6 Repayment Deadlines
In order for eligible unpaid break service time to count towards creditable
service for pension purposes, all contributions must be paid into the Pension
Fund prior to the police officer’s (i) termination or (ii) written application for
44
a retirement or disability pension.
§1200.7 Proration
If the contribution that is required or elected has not been paid in full within
the required time, the creditable service shall be prorated to an amount of
time proportionate to the amount of contribution that has been paid. If the
police officer dies in service before payment in full has been made and before
expiration of the repayment or municipal withholding period, the surviving
spouse of the police officer may elect to pay into the fund the amount on the
police officer’s behalf within 6 months after the date of death, in which case
the creditable service shall be granted as though the deceased police officer
had paid the remaining balance on the day before the date of death.
§1200.8 “Thirty Days”
For purposes of this Chapter, “thirty (30) days” shall mean thirty consecutive
days throughout any one year period.
§1200.9 Interest
For purposes of this Chapter, all buybacks of unpaid break days which are
not automatically withheld by the municipality pursuant to the police
officer’s written authorization shall be charged the applicable actuarially
assumed rate of return compounded interest annually from the date the
payroll deduction would have been made to the date the money is paid.
45
PART 13 – QUALIFIED ILLINOIS DOMESTIC RELATIONS ORDERS
(QILDROS)
§1300.1 Adoption
The McHenry Police Pension Board hereby adopts and incorporates 40 ILCS
5/1-119 of the Illinois Pension Code, 40 ILCS 5/1-101 et. seq., as its
administrative rules pertaining to QILDROs, QILDRO Consents and
QILDRO Calculation Orders.
§1301.1 QILDRO Benefit Eligibility
In accordance with Article 3 of the Illinois Pension Code, “partial refunds”
and “lump sum death” benefits cannot and shall not be paid out by the
Pension Fund to an alternate payee despite an QILDRO providing for the
same.
§1302.1 QILDRO Calculation Order Entry & Subsequent Implementation
(a) The parties to a QILDRO that provides for a percentage based division
of a beneficiary’s retirement pension must have entered and file with the
Pension Board a QILDRO Calculation Order. Unless and until a QILDRO
Calculation Order is formally entered by the court and a certified copy of the
same (along with a non-refundable $50.00 processing fee) is filed with the
Pension Board, the Pension Board shall not begin to divide and disburse
benefits to an alternate payee pursuant to an underlying QILDRO.
(b) Upon a regular payee’s retirement and entry into pay status the
Pension Board shall not suspend or withhold a portion of the regular payee’s
benefit payments in contemplation of the subsequent filing of a QILDRO
Calculation Order. Until a QILDRO Calculation Order is entered and
received by the Pension Board, a regular payee to a QILDRO shall receive
his or her full monthly benefit.
(c) In the event that the Pension Board pays out full retirement pension
payments to a regular payee prior to the entry and implementation of a
QILDRO Calculation Order, it shall be up to the parties to the underlying
dissolution of marriage to determine, divide and disburse benefits/payments
in accordance with the parties’ marital dissolution terms and conditions.
§1302.2 Application of Retro-active Salary Increases
In accordance with 40 ILCS 5/1-119 the Pension Board shall maintain
jurisdiction over the implementation of all QILDROs filed with the Pension
Board and shall be permitted to make retro-active salary increase adjustments
without the need for a supplemental QILDRO or QILDRO Calculation
Order.
46
* * * *
List of References
Illinois Pension Code
40 ILCS 5/1-101, et seq.
40 ILCS 5/1A-101, et seq.
40 ILCS 5/3-101, et seq.
Illinois Open Meetings Act
5 ILCS 120/1, et seq.
Illinois Freedom of Information Act
5 ILCS 140/1, et seq.
Illinois Administrative Code
50 IL ADC 4401 (Examination & Audit Procedures)
50 IL ADC 4402 (Definition of Salary)
50 IL ADC 4404 (Portability of Creditable Service Time)
NOTICE
TO: CITY OF MCHENRY POLICE PENSION FUND
BENEFICIARIES
FROM: CITY OF MCHENRY POLICE PENSION BOARD
RE: 2023 ANNUAL AFFIDAVITS OF CONTINUED ELIGIBILITY
Please be advised the City of McHenry Police Pension Board has implemented a
policy to send out affidavits of continued eligibility to its pension beneficiaries. This
policy was created to ensure the Pension Fund is paying out benefits to the proper
parties, maintaining up to date records as to its beneficiaries and treating all
pensioners with the same regard concerning its record keeping policies and
procedures. This is also a requirement under the Illinois Pension Code & an
Illinois Department of Insurance (the entity responsible for overseeing all
Illinois public pension funds) advisory opinion.
Enclosed please find an annual affidavit for 2023. Please note that due to new
Department of Insurance Regulations additional spousal information is now
required.
As in prior years, please fully fill out, execute and notarize the enclosed document.
The affidavit WILL NOT be accepted if it is missing information or is not notarized.
We are asking all pensioners to have this document returned to the address listed on
the affidavit ON OR BEFORE @. If possible, please also submit a copy of your
executed affidavit by electronic mail to the e-mail address listed on the affidavit. If
we do not receive an affidavit from you on or before @ a second notice will be sent
to you by certified mail with a two week return deadline. Your timely return of the
enclosed annual affidavit will ensure the continuance of your monthly direct
deposits.
Your continued patience and consideration is greatly appreciated. Should you have
any questions or need to update the Pension Board as to your mailing address/contact
info, please contact Board President Jeff Foerster (jfoerster57@comcast.net).
1
MCHENRY POLICE PENSION FUND
2023 AFFIDAVIT OF CONTINUED ELIGIBILITY
The following affidavit must be fully completed, notarized and returned by first class mail
in the enclosed envelope (and if possible sent by electronic mail to jfoerster57@comcast.net)
on or before @ to ensure that your next direct deposit pension payment will be issued in a
timely fashion. The form must be signed in the presence of a Notary Public and notarized,
or it will NOT be accepted upon return.
Name: Phone:
Address: Date of Birth:
Your Last 4 SSN Digits:
E-mail Address (optional to expedite communication):
Your Current Employer: Employer’s Phone No.:
Address: Job Title:
* * *
(Spousal information/verification is a newly issued requirement by the
Illinois Department of Insurance, Public Pension Division, as of 2019)
Spouse’s Name: Spouse’s Date of Birth:
Date of Marriage: Spouse’s Last 4 SSN Digits:
* * *
The undersigned, being first duly sworn on oath, deposes and states I am a member of the
McHenry Police Pension Fund and:
1. I am now receiving a:
☐ Line of Duty Disability Pension
☐ Not on Duty Disability Pension
☐ Heart Attack / Stroke Disability Pension
☐ Occupational Disease Disability Pension
☐ Survivor’s Pension
☐ Retirement Pension
2
2. I am currently:
☐ Married
☐ Widowed
☐ Divorced
☐ Single/never married
3. If you have remarried, what was the date of your remarriage?
4. Do you have dependent children or dependent parents?
5. If yes, please give names, dates of birth, and Social Security Numbers:
***
Please return this form to the following:
City of McHenry Police Pension Board
ATTN: Board President Jeff Foerster
333 South Green Street
McHenry, Illinois 60050
A COPY of this form can be returned via e-mail at [jfoerster57@comcast.net]
The original signed & notarized affidavit MUST be returned by mail
Print Name:
Signature:
Date:
Subscribed and sworn before me this _____ day of ___________________, 20____, by the
above named person, who is (check one)
__________ personally known to me
__________ Presented the following identification to verify his/her identity:
Identity Type: ______________________ Number: ______________________
(Notary Signature) (Notary Seal)
BEFORE THE BOARD OF TRUSTEES OF THE
CITY OF MCHENRY POLICE PENSION FUND
IN THE MATTER OF THE )
DISABILITY PENSION OF: )
)
@@, )
)
Recipient. )
STATUTORY MEDICAL RE-EVALUATION GUIDELINES
FOR PURPOSES OF VERIFYING CONTINUANCE OF DISABILITY
40 ILCS 5/3-115
In accordance with state statute the City of McHenry Police Pension Board is required have
@ re-evaluated on an annual basis for purposes of verifying whether he/she remains disabled from
police service. In response, I kindly request that you re-evaluate @ pursuant to the Pension
Board’s statutory obligation. In doing so, I also ask that you do the following:
a) During your evaluation of @:
i) Go over @’s medical history with him/her;
ii) Ask @ questions about his/her current physical capabilities,
condition and lifestyle;
iii) Discuss with @ the job duties of a police officer and his/her perceived
limitations;
iv) Discuss with @ his/her ongoing medical treatment;
v) Based upon your experience and expertise, provide a thorough
medical evaluation on @;
b) Prepare an office note/report that responds to the following questions:
1) Whether, based upon your review of @’s medical history and re-evaluation,
within a reasonable degree of medical certainty @ remains disabled from
unrestricted police service, or whether he/she has recovered from his/her
disability to such an extent that he/she may return to unrestricted police
service (please specifically state one or the other);
2) If @ continues to suffer from a disabling condition, please provide a
diagnosis for his/her condition and explain how that condition precludes
him/her from returning to work and performing unrestricted police duty.
(Please describe any temporary or permanent restrictions that prevent
him/her performing the routine duties of a police officer);
3) Whether @’s description of the degree, type and level of his/her current
physical capabilities, employment and extracurricular activities correlate
with your findings as to his/her current condition;
4) Whether @’s ongoing subjective complaints concerning his/her condition
correlate with your objective findings. Please describe how they do/do not
correlate with one another;
5) Whether, with specific additional future treatment, the disability can be
remedied. If so, please specify the type, frequency and duration of the
suggested treatment(s).
c) Fill out and fully execute the enclosed Physician’s Certificate of Disability.
On behalf of my client, I thank you in advance for your consideration. Please do not
hesitate contacting me, should there be any questions.
Sincerely,
Jeff Foerster, President
McHenry Police Pension Bd.
IN THE MATTER OF THE )
DISABILITY PENSION OF: )
)
@@, )
)
Recipient. )
PHYSICIAN'S CERTIFICATE OF DISABILITY
I, , being first duly sworn on oath, state that I have re-evaluated
the Pensioner, @@@ on____________________, 20___, pursuant to §5/3-115 of the Illinois
Pension Code, 40 ILCS §5/3-101. Based upon my examination(s) and attached report/medical
records/opinion, I hereby certify the following:
1) During my evaluation of @ I:
a) Went over @’s medical history with him;
b) Asked @ questions about his current physical capabilities,
condition and lifestyle;
c) Discussed with @ the job duties of a police officer and his
perceived limitations;
d) Discussed with @ his ongoing medical treatment;
e) Based upon my experience and expertise, I provided a thorough
medical evaluation on @;
Yes No
2. Does the Pensioner remain disabled from police service with the City of McHenry Police
Department?
Yes No
3. If “yes,” please specifically describe the medical condition(s) which continue to disable
the Pensioner from performing unrestricted police service?
_________________________________
Physician Signature
Date:
____________________________________________________
Print Name
____________________________________________________
Street
________________________________
SUBSCRIBED and sworn State Zip
to before me this ___ day ________________________________
of _______________, 20___ Telephone
NOTARY PUBLIC
McHenry Police Pension Fund
March 31 , 2023 Page 1 of 2
March 31, 2023
Members of the Pension Board of Trustees
McHenry Police Pension Fund
333 South Green Street
McHenry, Illinois 60050
We are pleased to confirm our acceptance and understanding of the services we will provide for the
McHenry Police Pension Fund for the fiscal years ending April 30, 2023 through April 30, 2025. It is our
understanding that Lauterbach & Amen, LLP will prepare the Police Funding Actuarial Valuation and
Police GASB 67/68 Actuarial Valuation for the Pension Fund.
You agree to assume all management responsibilities for the actuarial services we provide; you will
oversee the services by designating an individual, preferably from senior management, with suitable skill,
knowledge, or experience; you will evaluate the adequacy and results of the services and will accept
responsibility for them.
Lauterbach & Amen, LLP does not assume any management responsibilities for the Pension Fund. These
services cannot be relied upon to detect errors, irregularities, or illegal acts that may exist. However, we
will inform you of any such matters that may come to our attention.
Costs for our services are as follows:
The fees as depicted above include attendance for up to 2 meetings per year, as requested, to discuss
actuarial results. Meeting attendance includes virtual and in-person attendance as mutually determined.
Any meeting attendance required above and beyond the 2 included meetings will be billed at the rate of
$275 per meeting.
Out of Scope Services:
Out of scope services will be billed on a time and charges basis. The hourly rate for out of scope services
is $275 per hour. We will provide an estimate of costs for any out of scope services when the service is
requested and the scope is defined. You will not be charged any additional costs under this section unless
written approval, including email confirmation, is provided ahead of time.
Fiscal Year
Ended
Fiscal Year
Ended
Fiscal Year
Ended
Annual Actuarial Reports 04/30/2023 04/30/2024 04/30/2025
• Preparation of Police Funding Actuarial Valuation $3,200 $3,330 $3,460
• Preparation of Police GASB 67/68 Actuarial Valuation $2,670 $2,780 $2,890
• Preparation of Audit Friendly Exhibits Included Included Included
• Attendance at Meeting to Present Results Included Included Included
Total Annual Actuarial Reports $5,870 $6,110 $6,350
McHenry Police Pension Fund
March 31 , 2023 Page 2 of 2
Either party may terminate all or a portion of the services contemplated by this engagement at any time
for any reason upon 30 days written notice to the other. Subcontracting will be disclosed to the Pension
Fund’s Board of Trustees prior to beginning work. This agreement shall be governed by and construed in
accordance with the laws of the State of Illinois.
We appreciate the opportunity to be of service to the McHenry Police Pension Fund and believe this letter
accurately summarizes the significant terms of our engagement. If you have any questions, please let us
know. If you agree with the terms of our engagement as described in this letter, please indicate your
acceptance by signing below and returning it to us.
Cordially,
Lauterbach & Amen, LLP
Lauterbach & Amen, LLP
RESPONSE:
This letter correctly sets forth the understanding of the McHenry Police Pension Fund:
Accepted by: _________________________________________________________________________
Title: _______________________________________________________________________________
BOARD OF TRUSTEES OF THE _______________________________
POLICE PENSION FUND
RESOLUTION APPOINTING AUTHORIZED ACCOUNT REPRESENTATIVE
RESOLUTION 2022-___________
WHEREAS, the ______________________ Police Pension Fund (the “Pension Fund”) is
established pursuant to Article 3 of the Illinois Pension Code; and
WHEREAS, Public Act 101-610 established the Illinois Police Officers’ Pension
Investment Fund (“IPOPIF”) to take custody of, manage, and invest securities, funds, assets, and
monies of the Pension Fund (the “Investment Assets”); and
WHEREAS, the Pension Fund is required to transfer its Investment Assets to IPOPIF in
accordance with Section 22B-120 of the Illinois Pension Code; and
WHEREAS, pursuant to Section 22B of the Pension Code, IPOPIF has established a “Cash
Management Policy” governing, among other things, the management of cash between the Pension
Fund and IPOPIF; and
WHEREAS, the Cash Management Policy adopted by IPOPIF designates the “Authorized
Agents” appointed by resolution of the Pension Fund as “Account Representatives” having the
authority to facilitate transfers between the Pension Fund and IPOPIF; and
WHEREAS, the Cash Management Policy adopted by IPOPIF includes the authority of
the Pension Fund to appoint additional Account Representatives who shall have the authority to
facilitate transfers between the Pension Fund and IPOPIF; now THEREFORE
BE IT RESOLVED by the Board of Trustees of the Pension Fund, acting pursuant to
Articles 3 and 22B of the Illinois Pension Code, IPOPIF Rules, and any other applicable laws and
rules, that the following persons are appointed as the Fund’s Account Representatives:
Name:______________________________
Business
Address:___________________________
City:_______________________________
State, Zip
Code:__________________________
Phone:______________________________
Name:______________________________
Business
Address:____________________________
City:_______________________________
State, Zip
Code:__________________________
Phone:______________________________
Each Authorized Account Representative is authorized to facilitate transfers between the
Pension Fund and IPOPIF in accordance with the Cash Management Policy adopted by the Pension
Fund; and
FURTHER RESOLVED that each Authorized Account Representative be authorized and
directed to take such other actions on behalf of the Pension Fund as may be required or advisable
to carry out the purposes and intent of the foregoing resolutions; and
FURTHER RESOLVED that a certified copy of this resolution be delivered to IPOPIF.
ADOPTED this _____ day of ___________________, 2022 by a roll call vote as
follows:
AYES:
NAYS:
ABSENT:
President, Board of Trustees
________________________
Police Pension Fund
ATTEST:
Secretary, Board of Trustees
_______________________ Police Pension Fund
Pension Trustee Training Course Hours
Course Titles Credit Hours
Articles 3&4 Disability Pension Overview Video 2.5 Hours
Duties and Ethical Obligations of a Pension Fund Fiduciary Video 1.5 Hours
Board Oversight of Cyber Risk: Before a Breach 2 Hours
IL Public Employee Disability Act and Public Safety Employee Benefits Act Video
1.5 Hours
Developments and Potential Changes in Federal IL Labor and Employment Laws Video 1.5 Hours
Qualified Domestic Relations Order “QILDRO” Video 1.5 Hours
Pension Plan Funding 101: The Basics of Public Pension Funding Mechanics Video .75 Hours
Pension Plan Assumptions 101: Common Approaches to Setting Actuarial Assumptions Video .75 Hours
The IL Freedom of Information Act and Open Meetings Act Video 1.5 Hours
Cyber Security Best Practices Video 1 Hour
Managing Generational Differences and Unconscious Bias in the Workplace 1.5 Hours
How to Identify, Address and Prevent Sexual Harassment and Discrimination Video 1 Hour
Let Me Ask You a Question Video 2 Hours