Illinois Administrative Code

Section 4002.235 Protection of Fair Credit Reporting Act Nothing in this Part shall be construed to modify, limit or supersede the operation of the federal Fair Credit Reporting Act (15 USC 1681 et seq.), and no inference shall be drawn on the basis of the provisions of this Part…

Section 4002.240 Effective Date This Part will be effective July 1, 2001 in order to provide sufficient time for licensees to establish policies and systems to comply with the requirements of Title V of the Gramm-Leach-Bliley Act (15 USC 6801 through 6827), which became effective…

Section 4002.30 Definitions Unless otherwise defined by this Part the terms used in this Part shall have the same meaning as given by the Illinois Insurance Code [215 ILCS 5]. Affiliate means any company that controls, is controlled by, or is under common control with another com…

Section 4002.35 Treatment of Individual's Information Under Group Policies a) Provided that the licensee provides the initial, annual and revised notices under Sections 4002.40, 4002.50 and 4002.80 of this Part to the plan sponsor, group or blanket insurance policyholder or group…

Section 4002.40 Initial Privacy Notice to Consumers a) Initial notice requirement. A licensee shall provide a clear and conspicuous notice that accurately reflects its privacy policies and practices to: 1) Customer. An individual who becomes the licensee's customer, not later tha…

Section 4002.50 Annual Privacy Notice to Customers a) A licensee shall provide a clear and conspicuous notice to customers that accurately reflects its privacy policies and practices not less than annually during the continuation of the customer relationship. Annually means at le…

Section 4002.60 Information to be Included in Privacy Notices a) The initial, annual and revised privacy notices that a licensee provides under Sections 4002.40, 4002.50 and 4002.80 of this Part shall include each of the following items of information, in addition to any other in…

Section 4002.70 Form of Opt Out Notice to Consumers and Opt Out Methods a) Form of opt out notice. If a licensee is required to provide an opt out notice under Section 4002.100(a) of this Part, it shall provide a clear and conspicuous notice to each of its consumers that accurate…

Section 4002.80 Revised Privacy Notices a) General rule. Except as otherwise authorized in this Part, a licensee shall not, directly or through an affiliate, disclose any nonpublic personal financial information about a consumer to a nonaffiliated third party other than as descri…

Section 4002.90 Delivery of Notices a) How to provide notices. A licensee shall provide any notices that this Part requires so that each consumer can reasonably be expected to receive actual notice in writing or, if the consumer agrees, electronically. 1) A licensee may reasonabl…

Section 4002.ILLUSTRATION A Sample Clauses Licensees, including a group of financial holding company affiliates that use a common privacy notice, may use the following sample clauses, if the clause is accurate for each institution that uses the notice. (Note that disclosure of ce…

Section 4003.10 Purpose The purpose of this Part is to establish standards for developing and implementing administrative, technical and physical safeguards to protect the security, confidentiality and integrity of customer information pursuant to Sections 501, 505(b) and 507 of …

Section 4003.100 Adjust the Program The licensee monitors, evaluates and adjusts, as appropriate, the information security program in light of any relevant changes in technology, the sensitivity of its customer information, internal or external threats to information, and the lic…

Section 4003.110 Penalties Failure to meet the requirements of this Part shall subject the licensee to penalty provisions of Section 403A of the Illinois Insurance Code [215 ILCS 5/403A].

Section 4003.20 Applicability This Part applies to all licensees, companies, and other persons licensed or required to be licensed, or authorized or required to be authorized, or registered or required to be registered, or domiciled pursuant to the Illinois Insurance Code or any …

Section 4003.30 Definitions Code means the Illinois Insurance Code [215 ILCS 5]. Customer means a customer of the licensee as the term customer is defined in 50 Ill. Adm. Code 4002.30. Customer Information means nonpublic personal financial information as defined in Section 50 Il…

Section 4003.40 Information Security Program Each licensee shall implement a comprehensive written information security program that includes administrative, technical and physical safeguards for the protection of customer information. The administrative, technical and physical s…

Section 4003.50 Objectives of Information Security Program A licensee’s information security program shall be designed to: a) Ensure the security and confidentiality of customer information; b) Protect against any anticipated threats or hazards to the security or integrity of the…

Section 4003.60 Examples of Methods of Development and Implementation The actions and procedures described in Sections 4003.70 through 4003.100 of this Part are examples of methods of implementation of the requirements of Sections 4003.40 and 4003.50 of this Part. These examples …

Section 4003.70 Assess Risk The licensee: a) Identifies reasonably foreseeable internal or external threats that could result in unauthorized disclosure, misuse, alteration or destruction of customer information or customer information systems; b) Assesses the likelihood and pote…

Section 4003.80 Manage and Control Risk The licensee: a) Designs its information security program to control the identified risks, commensurate with the sensitivity of the information, as well as the complexity and scope of the licensee's activities; b) Trains staff, as appropria…

Section 4003.90 Oversee Service Provider Arrangements The licensee: a) Exercises appropriate due diligence in selecting its service providers; and b) Requires its service providers to implement appropriate measures designed to meet the objectives of this Part, and, where indicate…

Section 4201.10 Purpose and Scope The purpose of this Part is to implement Article XLII of Illinois Insurance Code by establishing a schedule of reasonable fees to cover the total cost of the Department incident to, or associated with, the administration and enforcement of this A…

Section 4201.20 Annual Fee a) Each insurance company licensed to write property and casualty insurance business in this State shall, on or before June 1 of each year, pay to the Director of Insurance an annual fee in accordance with the following schedule of Illinois premium: PRE…

Section 4201.ILLUSTRATION A Insurance Cost Containment Annual Fee Worksheet (Repealed) (Source: Repealed at 22 Ill. Reg. 18974, effective October 1, 1998)

Section 4401.10 Purpose The purpose of this Part is to establish uniform procedures for examination, compliance with examination, hearings and other matters related to examinations and audits.

Section 4401.20 Applicability This Part shall apply to all pension funds established under the Illinois Pension Code and maintained for the benefit of employees and officers of governmental units in the State of Illinois [40 ILCS 5/1A-104]. (Source: Amended at 22 Ill. Reg. 15312,…

Section 4401.25 Definitions Accountant means an independent certified public accountant or independent accounting firm in good standing with the American Institute of CPA's and all states in which the accountant is licensed to practice. Department means the Department of Insuranc…

Section 4401.30 Pre-Audit and Examination Procedures a) Pursuant to Section 1A-104 of the Illinois Pension Code [40 ILCS 5/1A-104], each pension fund or retirement system under the Illinois Pension Code shall be subject to periodic examinations or audits on behalf of the Illinois…

Section 4401.40 Audit and Examination a) All audits and examinations, except under special circumstances (such as the need to expeditiously focus on a single issue, that has been brought to the attention of the Division, or an examination of a small fund, where the cost and time …

Section 4401.50 Post-Audit and Examination Procedures a) Following an examination or audit, the examiner may request further information be provided by the pension fund or retirement system. Such information shall be provided within 2 weeks or within the time frame agreed to by t…

Section 4401.60 Audit and Examination Hearings a) Hearings requested pursuant to this Part are limited to the accuracy of the facts contained in the report of examination. b) All requests for a hearing shall be made in writing and delivered to the Pension Division of the Illinois…

Section 4401.70 Compliance (Repealed) (Source: Repealed at 22 Ill. Reg. 15312, effective August 7, 1998)

Section 4402.10 Authority This Part is promulgated by the Director of Insurance of the State of Illinois pursuant to Section 1A-103 of the Illinois Pension Code [40 ILCS 5/1A-103]. (Source: Amended at 22 Ill. Reg. 15296, effective August 7, 1998)

Section 4402.20 Purpose and Scope The purpose of this Part is to define the word "salary" as used in Section 3-125 and 4-124 of the Illinois Pension Code [40 ILCS 5/3-125 and 4-124] as it applies to pension funds formed pursuant to Articles 3 and 4 of the Illinois Pension Code. (…

Section 4402.30 Definitions Class, for purposes of this Part, means a subset of individuals in a particular rank (i.e., Patrol versus Administration). Class may also be signified by the devotion of compensation for education or other work-related achievements. Fixed, for purposes…

Section 4402.35 Salary for Pension Purposes All salary, as defined in Section 4402.30 of this Part, shall be used in pension computations for purposes of determining the correct amount of employee contributions. The following types of pay are considered salary, in accordance with…

Section 4402.40 Non-Salary Compensation For purposes of calculating pension contributions and pension benefits, the following categories of pay shall not be considered compensation: a) Accumulated Unused Time Compensation for unused accumulated vacation, sick, or personal time ea…

Section 4402.50 Retroactive Pay Increases a) Retroactive payments of compensation are treated as if they were paid during the period for which the increase is computed. If an employee retired after the effective date of the salary increase and is entitled to receive retroactive p…

Section 4402.60 Accumulated Unused Time at Retirement or Disability a) Whether compensation for accumulated but unused vacation, sick, personal, or compensation time (any other time earned by the employee, but unused at the time of termination of employment or retirement) is cons…

Section 4404.10 Purpose The purpose of this Part is to set forth the underlying calculations involved concerning the transfer of money among the prior pension fund, the current pension fund and the officers; and the associated requirements to transfer previously accumulated credi…

Section 4404.100 Transfer of Creditable Service Time a) Within 7 days after final authorization from the officer has been received by the current pension fund, the current pension fund must forward a copy of the final authorization to the prior pension funds. b) Within 30 days af…

Section 4404.110 Failure to Pay, or Death of the Officer a) In the event that the officer fails to pay the additional contributions required by the current pension fund to satisfy the effective transfer of the designated creditable service time deemed appropriate by the board of …

Section 4404.120 Forfeiture Transferred credit that is not granted due to failure to pay the additional contribution, if applicable, within the required time is lost. It may not be transferred to another pension fund and may not be reinstated in the pension fund from which it was…

Section 4404.130 Current Pension Fund Reporting Requirements Within 30 days after the designated creditable service time has been transferred to the current pension fund, the current pension fund must file a report with the Pension Division. The report must contain the following:…

Section 4404.140 Failure to Comply If any party fails to comply with the requirements of this Part, including either the substance or filing requirements contained herein, such party shall be subject to the penalty provisions of the Illinois Pension Code [40 ILCS 5/1A-113(d)] and…

Section 4404.20 Applicability This Part applies to any active member of a pension fund established under Article 3 of the Illinois Pension Code, except that an active member may not transfer creditable service under this Part from a prior pension fund if the officer did not activ…

Section 4404.30 Definitions Active Member shall be defined as an officer that is in active service and a participant of a pension fund established pursuant to Article 3 of the Illinois Pension Code. Creditable Service shall be defined by Section 3-110 of the Illinois Pension Code…

Section 4404.40 Request and Rescission Notifications Any police officer who is an active member of an Article 3 police pension fund must submit a written request to his or her current pension fund board of trustees identifying, by date and time frame, the accumulated creditable s…

Section 4404.50 Method for Calculation of the True Cost a) The qualified actuary shall provide the current pension fund with the actuarial accrued liability assuming continuation of active status, and the amount of reserve for each possible status that may apply to the officer as…