Board Resolution 2024-02-05(b)

WHEREAS, Section 7-197 of the Illinois Pension Code (40 ILCS 5/7-197) establishes a statutory expectation of privacy for IMRF active members and benefit recipients by prohibiting this Board, the Executive Director, and its agents and employees from disclosing the contents of a member’s files, records, papers or communications, except for purposes directly connected with the administration of the Fund; and

WHEREAS, Section 1 of the Freedom of Information Act (5 ILCS 140/1 et seq.) provides that Act is not intended to be used to violate individual privacy nor for the purpose of furthering a commercial enterprise; and

WHEREAS, Section 7 of the Freedom of Information Act exempts from inspection or copying files and personal information maintained with respect to clients or other individuals receiving financial services from public bodies and personal information maintained with respect to employees, appointees or elected officials of any public body; and

WHEREAS, the Illinois Municipal Retirement Fund is the agency which provides death, disability and retirement benefits for employees of participating units of local government pursuant to Article 7 of the Illinois Pension Code (40 ILCS 5/7-101 et seq.); and

WHEREAS, from time to time IMRF is requested by outside organizations to furnish the names and addresses of active members or benefit recipients.

NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE ILLINOIS MUNICIPAL RETIREMENT FUND:

1. At no time shall IMRF furnish the name, address or any other information for IMRF active members or benefit recipients to outside organizations unless it is determined by the Fund that such disclosure is directly connected with the administration of the Fund.
2. If any outside organization wishes to correspond with IMRF active members or benefit recipients for any purpose including, but not limited to the purchase of any product or service, the participation in any organization, the promotion of any individual as a candidate in any election, or support of any legislation, IMRF shall not furnish the names or addresses of any IMRF active members or benefit recipients pursuant to such request nor shall IMRF assist in effectuating such correspondence other than through a blind mailing.
3. As defined by IMRF, a “blind mailing” is a procedure by which a list of IMRF active members or benefit recipients, who have not requested to be removed from the mailing list, is furnished to an independent mailing house. IMRF reserves the right to specify the mailing house that may be used for a blind mailing. The outside organization shall provide the correspondence to the mailing house. The mailing house will mail the correspondence to the IMRF active members or benefit recipients on the mailing list. The outside organization shall be responsible for all costs associated with the blind mailing including, but not limited to, labels, computer time, labor, and postage. IMRF will bill the outside organization for its costs. The outside organization shall make arrangements directly with the mailing house for its fees. The mailing house is prohibited from disclosing the names or addresses of IMRF active members or benefit recipients to any individual or organization.
4. Prior to submission to the mailing house, IMRF shall review everything that will be mailed to IMRF members or benefit recipients, including but not limited to, the body of the correspondence and the mailing envelope. Any material that is deemed, in IMRF’s sole discretion, to be illegal, deceptive, or may otherwise reflect negatively on IMRF is not eligible for the blind mailing process.
5. Any blind mailing that refers to IMRF must prominently state that the correspondence is neither approved nor endorsed by IMRF.
6. If a blind mailing has been reviewed by IMRF pursuant to paragraph 4 of this Resolution and the mailing is not effectuated within 30 days of completion of that review, the blind mailing must be resubmitted to IMRF for another review prior to mailing.