Illinois Compiled Statutes 40 ILCS 5 Illinois Pension Code. Section 1-113.4

    (40 ILCS 5/1-113.4)

    Sec. 1-113.4. List of additional permitted investments for pension funds with net assets of $5,000,000 or more.

    (a) In addition to the items in Sections 1-113.2 and 1-113.3, a pension fund established under Article 3 or 4 that has net assets of at least $5,000,000 and has appointed an investment adviser under Section 1-113.5 may, through that investment adviser, invest a portion of its assets in common and preferred stocks authorized for investments of trust funds under the laws of the State of Illinois. The stocks must meet all of the following requirements:

        (1) The common stocks are listed on a national

    securities exchange or board of trade (as defined in the federal Securities Exchange Act of 1934 and set forth in Section 3.G of the Illinois Securities Law of 1953) or quoted in the National Association of Securities Dealers Automated Quotation System National Market System (NASDAQ NMS).

        (2) The securities are of a corporation created or

    existing under the laws of the United States or any state, district, or territory thereof and the corporation has been in existence for at least 5 years.

        (3) The corporation has not been in arrears on

    payment of dividends on its preferred stock during the preceding 5 years.

        (4) The market value of stock in any one corporation

    does not exceed 5% of the cash and invested assets of the pension fund, and the investments in the stock of any one corporation do not exceed 5% of the total outstanding stock of that corporation.

        (5) The straight preferred stocks or convertible

    preferred stocks are issued or guaranteed by a corporation whose common stock qualifies for investment by the board.

        (6) The issuer of the stocks has been subject to the

    requirements of Section 12 of the federal Securities Exchange Act of 1934 and has been current with the filing requirements of Sections 13 and 14 of that Act during the preceding 3 years.

    (b) A pension fund's total investment in the items authorized under this Section and Section 1-113.3 shall not exceed 35% of the market value of the pension fund's net present assets stated in its most recent annual report on file with the Illinois Department of Insurance.

    (c) A pension fund that invests funds under this Section shall electronically file with the Division any reports of its investment activities that the Division may require, at the times and in the format required by the Division.

(Source: P.A. 90-507, eff. 8-22-97.)

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Last modified: February 18, 2015