(Text of Section before amendment by P.A.
1,645 words·~7 min read·
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(Text of Section before amendment by P.A. 104-284)
Sec. 13-706. Board powers and duties. The Board shall have the powers and duties set forth in this Section, in addition to such other powers and duties as may be provided in this Article and in this Code:
(a)To supervise collections. To see that all amounts specified in this Article to be
applied to the Fund, from any source, are collected and applied.
(b)To notify of deductions. To notify the Clerk of the Water Reclamation District of
the deductions to be made from the salaries of employees.
(c)To accept gifts. To accept by gift, grant, bequest or otherwise any money or
property of any kind and use the same for the purposes of the Fund.
(d)To invest the reserves. To invest the reserves of the Fund in accordance with the
provisions set forth in Section 1-109, 1-109.1, 1-109.2, 1-110, 1-111, 1-114, and 1-115 of this Code. Investments made in accordance with Section 1-113 of Article 1 of this Code shall be deemed prudent. The Board is also authorized to transfer securities to the Illinois State Board of Investment for the purpose of participation in any commingled investment fund as provided in Article 22A of this Code.
(e)To authorize payments. To consider and pass upon all applications for annuities and
benefits; to authorize or suspend the payment of any annuity or benefit; to inquire into the validity and legality of any grant of annuity or benefit paid from or payable out of the Fund; to increase, reduce, or suspend any such annuity or benefit whenever the annuity or benefit, or any part thereof, was secured or granted, or the amount thereof fixed, as the result of misrepresentation, fraud, or error. No such annuity or benefit shall be permanently reduced or suspended until the affected annuitant or beneficiary is first notified of the proposed action and given an opportunity to be heard.
No trustee of the Board shall vote upon that trustee's own personal claim for annuity, benefit or refund, or participate in the deliberations of the Board as to the validity of any such claim. The Board shall have exclusive original jurisdiction in all matters of claims for annuities, benefits and refunds.
(f)To submit an annual report. To submit a report in July of each year to the Board of
Commissioners of the Water Reclamation District as of the close of business on December 31st of the preceding year. The report shall include the following:
(1)A balance sheet, showing the financial and actuarial condition of the Fund as of
the end of the calendar year;
(2)A statement of receipts and disbursements during such year;
(3)A statement showing changes in the asset, liability, reserve and surplus
accounts during such year;
(4)A detailed statement of investments as of the end of the year; and
(5)Any additional information as is deemed necessary for proper interpretation of
the condition of the Fund.
(g)To subpoena witnesses. To compel witnesses to attend and testify before it upon any
matter concerning the Fund and allow witness fees not in excess of $6 for attendance upon any one day. The President and other members of the Board may administer oaths to witnesses.
(h)To appoint employees and consultants. To appoint such actuarial, medical, legal,
investigational, clerical or financial employees and consultants as are necessary, and fix their compensation.
(i)To make rules. To make rules and regulations necessary for the administration of
the affairs of the Fund.
(j)To waive guardianship. To waive the requirement of legal guardianship of a person
under legal disability or any minor unmarried beneficiary of the Fund for a representative managing such person or beneficiary's affairs, whenever the Board deems such waiver to be in the best interest of the person or beneficiary.
(k)To collect amounts due. To collect any amounts due to the Fund from any participant
or beneficiary prior to payment of any annuity, benefit or refund.
(l)To invoke rule of offset. To offset against any amount payable to an employee or to
any other person such sums as may be due to the Fund or may have been paid by the Fund due to misrepresentation, fraud or error.
(m)To assess and collect interest on amounts due to the Fund using the annual rate as
shall from time to time be determined by the Board, compounded annually from the date of notification to the date of payment.
(Text of Section after amendment by P.A. 104-284)
Sec. 13-706. Board powers and duties. The Board shall have the powers and duties set forth in this Section, in addition to such other powers and duties as may be provided in this Article and in this Code:
(a)To supervise collections. To see that all amounts specified in this Article to be
applied to the Fund, from any source, are collected and applied.
(b)To notify of deductions. To notify the Clerk of the Water Reclamation District of
the deductions to be made from the salaries of employees.
(c)To accept gifts. To accept by gift, grant, bequest or otherwise any money or
property of any kind and use the same for the purposes of the Fund.
(d)To invest the reserves. To invest the reserves of the Fund in accordance with the
provisions set forth in Section 1-109, 1-109.1, 1-109.2, 1-110, 1-111, 1-114, and 1-115 of this Code. Investments made in accordance with Section 1-113 of Article 1 of this Code shall be deemed prudent. The Board is also authorized to transfer securities to the Illinois State Board of Investment for the purpose of participation in any commingled investment fund as provided in Article 22A of this Code.
(e)To authorize payments. To consider and pass upon all applications for annuities and
benefits; to authorize or suspend the payment of any annuity or benefit; to inquire into the validity and legality of any grant of annuity or benefit paid from or payable out of the Fund; to increase, reduce, or suspend any such annuity or benefit whenever the annuity or benefit, or any part thereof, was secured or granted, or the amount thereof fixed, as the result of misrepresentation, fraud, or error. No such annuity or benefit shall be permanently reduced or suspended until the affected annuitant or beneficiary is first notified of the proposed action and given an opportunity to be heard.
No trustee of the Board shall vote upon that trustee's own personal claim for annuity, benefit or refund, or participate in the deliberations of the Board as to the validity of any such claim. The Board shall have exclusive original jurisdiction in all matters of claims for annuities, benefits and refunds.
(f)To submit an annual report. To submit a report in July of each year to the Board of
Commissioners of the Water Reclamation District as of the close of business on December 31st of the preceding year. The report shall include the following:
(1)A balance sheet, showing the financial and actuarial condition of the Fund as of
the end of the calendar year;
(2)A statement of receipts and disbursements during such year;
(3)A statement showing changes in the asset, liability, reserve and surplus
accounts during such year;
(4)A detailed statement of investments as of the end of the year; and
(5)Any additional information as is deemed necessary for proper interpretation of
the condition of the Fund.
(g)To subpoena witnesses and compel the production of records. To issue subpoenas to
compel the attendance of witnesses to testify before the Board and to compel the production of documents and records upon any matter concerning the Fund, including, but not limited to, in conjunction with:
(1)a disability claim;
(2)an administrative review proceeding;
(3)an attempt to obtain information to assist in the collection of sums due to the
Fund;
(4)obtaining any and all personal identifying information necessary for the
administration of benefits;
(5)the determination of the death of a benefit recipient or a potential benefit
recipient; or
(6)a felony forfeiture investigation.
The fees of witnesses for attendance and travel shall be the same as the fees of witnesses before the circuit courts of this State and shall be paid by the party seeking the subpoena. The Board may apply to any circuit court in the State for an order requiring compliance with a subpoena issued under this Section. Subpoenas issued under this Section shall be subject to the applicable provisions of the Code of Civil Procedure. The President or other members of the Board may administer oaths to witnesses.
(h)To appoint employees and consultants. To appoint such actuarial, medical, legal,
investigational, clerical or financial employees and consultants as are necessary, and fix their compensation.
(i)To make rules. To make rules and regulations necessary for the administration of the
affairs of the Fund.
(j)To waive guardianship. To waive the requirement of legal guardianship of a person
under legal disability or any minor unmarried beneficiary of the Fund for a representative managing such person or beneficiary's affairs, whenever the Board deems such waiver to be in the best interest of the person or beneficiary.
(k)To collect amounts due. To collect any amounts due to the Fund from any participant
or beneficiary prior to payment of any annuity, benefit or refund.
(l)To invoke rule of offset. To offset against any amount payable to an employee or to
any other person such sums as may be due to the Fund or may have been paid by the Fund due to misrepresentation, fraud or error.
(m)To assess and collect interest on amounts due to the Fund using the annual rate as
shall from time to time be determined by the Board, compounded annually from the date of notification to the date of payment.