2005 Illinois Code - 745 ILCS 10/ Local Governmental and Governmental Employees Tort Immunity Act. Part 3 - Indemnification Of Public Employees
(745 ILCS 10/Art. II Pt.3 heading) PART 3. INDEMNIFICATION OF PUBLIC EMPLOYEES
(745 ILCS 10/2‑301)(from Ch. 85, par. 2‑301) Sec. 2‑301. Nothing in this Part 3 relieves a local public entity of its
duty to indemnify or insure its employees as provided in Sections 1‑4‑5 and
1‑4‑6 of the Illinois Municipal Code, Sections 10‑20.20 and 34‑18.1 of The
School Code, in Sections 8‑20 and 8‑21 of The Park District Code, in
Sections 7.2 and 7.3 of "An Act in relation to the creation, maintenance,
operation and improvement of the Chicago Park District", approved July 10,
1933, in Section 5‑1002 of the Counties Code, and in Section 22 of "An Act
in relation to the creation and management of forest preserve districts in
counties having a population of less than 3,000,000", approved June 27, 1913. (Source: P.A. 86‑1387.)
(745 ILCS 10/2‑302)(from Ch. 85, par. 2‑302) Sec. 2‑302. If any claim or action is instituted against an employee of
a local public entity based on an injury allegedly arising out of an act or
omission occurring within the scope of his employment as such employee, the
entity may elect to do any one or more of the following: (a) appear and defend against the claim or action; (b) indemnify the employee or former employee for
his court costs or reasonable attorney's fees, or both, incurred in the defense of such claim or action;
(c) pay, or indemnify the employee or former
employee for a judgment based on such claim or action; or
(d) pay, or indemnify the employee or former
employee for, a compromise or settlement of such a claim or action.
It is hereby declared to be the public policy of this State, however,
that no local public entity may elect to indemnify an employee
for any portion of a judgment representing an award of punitive or
exemplary damages. (Source: P.A. 92‑810, eff. 8‑21‑02.)
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