''Governmental Entity'' Definition In Section 2-1303 of the Code of Civil Procedure

Barry v. Retirement Board of the Firemen's Annuity & Benefit Fund,, 357 Ill. App. 3d 749, 772, 828 N.E.2d 1238, 293 Ill. Dec. 740 (2005), the court, noting the Black's Law Dictionary definition of a governmental entity, determined that, in order to qualify as a governmental entity, an entity must perform a governmental function, i.e., a government agency's conduct that is authorized by constitution, statute, or other law and carried out for the benefit of the general public. Barry, 357 Ill. App. 3d at 779. This court then concluded that neither the Board nor its fund qualified as a governmental entity under section 2-1303 of the Code of Civil Procedure because neither performed a governmental function where the Board's primary function was to administer the fund created for the benefit of firemen. Barry, 357 Ill. App. 3d at 780.