Lower Court Rules Pension Fund Consolidation Law Constitutional

by John E. Motylinski In 2019, the Illinois General Assembly passed Public Act 101-0610, which required downstate police and firefighter local pension funds’ assets to be consolidated into statewide funds for investment purposes. In early 2021, a group of active and retired members of eighteen police and firefighters’ pension funds filed a lawsuit complaint against Governor Pritzker, the two new …

The Potential Impact of SECURE Act 2.0 on Small Business

by Michael Castaldo III The U.S. House of Representatives passed the “Securing a Strong Retirement Act of 2021” (hereinafter “SECURE 2.0” or the “Bill”) on March 29, 2022 after an overwhelmingly bipartisan vote of 414-5. SECURE 2.0 is an effort by Congress to offset the retirement savings crisis in the United States and attempts to build on the initiatives already …

Circuit Court Finds Prejudgment Interest Statute Unconstitutional

by Bradley Michalowski On May 27, 2022, Cook County Judge Marcia Maras concluded that a statute providing for prejudgment interest for plaintiffs asserting personal injury and wrongful death torts is invalid and unconstitutional. In Hyland et al., v. Advocate Health and Hospital Corp. et al., the representatives of prematurely born twins (one of whom did not survive) sued alleging negligence …

Improving School Employment History Reviews Under Faith’s Law

By Maureen Anichini Lemon In August 2021, Governor Pritzker signed “Faith’s Law,” which was designed to protect children from sexual abuse. The General Assembly recently expanded on Faith’s Law via P.A. 102-0702. This Act provides a comprehensive action plan to further the goals contained in Faith’s Law by increasing notice requirements related to sexual misconduct by school employees and by …

Illinois “Safe Roads” Amendment Applies to Home Rule Municipalities

by Meganne Trela The Illinois Supreme Court recently held that an Illinois constitutional amendment preventing municipalities from using transportation-related tax revenues for non-transportation purposes applies to home rule municipalities in Illinois Road and Transportation Builders Association v. County of Cook, 2022 IL 127126 (April 21, 2022). The amendment, known as the “Safe Roads Amendment,” was adopted by nearly 80% of …

Born From Conflict: Introducing the Foreign Fire Insurance License Fee Act

by Shawn P. Flaherty A local dispute concerning expenditures between the City of Crystal Lake and its Foreign Fire Insurance Board (“FFIB”) has resulted in the Foreign Fire Insurance License Fee Act (65 ILCS 5/11-10-0.01), first effective on January 1, 2022. The Act applies to municipal foreign fire insurance boards and limits the ability of municipalities to regulate or otherwise …

Illinois Supreme Court Clarifies Reach of the Biometric Information Privacy Act in the Workplace

by Craig D. Hasenbalg On February 3, 2022, the Illinois Supreme Court decided that employees can sue their employers for allegedly violating the Biometric Information Privacy Act (“BIPA”) (740 ILCS 14/1 et seq.)—even despite the Workers’ Compensation Act’s limits on employee claims. As a result, employers should vigilantly ensure compliance with BIPA. The Illinois legislature recognizes that, unlike other identifiers …

Handling the Updated Statements of Economic Interest

by Michael Castaldo, Jr. As we recently reported in a Client Alert, the annual Statement of Economic Interests form required to be filed by public officials has changed. This Article details what has changed and how to navigate the newly updated Statements. The Illinois Governmental Ethics Act requires certain elected public office holders, candidates, officials, and employees to file a …

IDPH Emergency Rules Roundup

by Stephen H. DiNolfo The Illinois Department of Public Health (“IDPH”) recently adopted a smattering of emergency rules that impact EMS licensure and hospital bypass. 77 Ill. Admin. Code § 515. Below is a roundup of those changes. First, as of December 27, 2021, EMS personnel with an unencumbered certification in the National Registry of Emergency Medical Technicians as an …

Court Rules Police Officer’s Widow Must Wait Until Her Late Husband’s Sixtieth Birthday to Collect a Survivor’s Pension

by Carolyn Welch Clifford In a case of first impression, an Illinois Appellate Court recently determined that the surviving spouse of a former police officer who had separated from service but had remained a deferred pensioner at the time of his death was not entitled to draw surviving spouse benefits until the former police officer’s sixtieth birthday. In Thornley v. …