State Employee Representation and Indemnification Program

Representation and Indemnification (5 ILCS 350).

Risk Management is responsible for the administration of the State Employee Indemnification Program. This program provides legal representation and indemnification for State employees who are sued for acts or omissions occurring within the scope of their employment with the State. Coverage is restricted only to state employees.

In the event that a civil proceeding is commenced against any State employee, the Attorney General shall, upon timely and appropriate notice, appear on behalf of the employee and defend the action. The case may be settled at the Attorney General's discretion with the employee's consent; and the State shall indemnify the employee for any damages, court costs and attorneys' fees agreed to as part of the settlement, or shall pay such settlement.

In the event that the Attorney General determines that appearing and defending either involves an actual or potential conflict of interest, or that the act or omission that gave rise to the claim was intentional, willful or wanton misconduct, the Attorney General shall decline or shall withdraw as an attorney for the employee. If the Attorney General declines because of an actual or potential conflict, an outside attorney may be appointed as a Special Assistant Attorney General. The State shall pay the court costs, litigation expenses and attorney's fees to the extent approved by the Attorney General as reasonable, as they are incurred. If the Attorney General declines because of a determination that the act or omission was intentional, willful or wanton misconduct, the State shall indemnify the State employee only if a court or jury finds that the act or omission of the State employee was within the scope of employment and not intentional, willful or wanton misconduct.

Court costs, litigation expenses and other costs of providing a defense, including attorneys' fees obligated, shall be paid from the State Treasury on a warrant from the Comptroller out of appropriations made to the Department of Central Management Services or Department of Transportation. The processing of payments will conform to the requirements of the State Employee Indemnification Act (5 ILCS 350). No settlement payment above $150,000 will be made in accordance with the Department of Central Management Services enabling legislation (20 ILCS 405-105 [12]).

Regulations

State Employee Indemnification Act (5 ILCS 350)

Illinois Compiled Statutes, Chapter 20 ILCS 405-105 (12)

Contact

Department of Central Management Services
Bureau of Benefits, Risk Management Division
State Employee Representation and Indemnification Program
201 E. Madison, Suite 3C, P.O. Box 19208
Springfield, IL 62794-9208
Telephone Number: (217) 785-1968