(40 ILCS 5/12-190) (from Ch. 108 1/2, par. 12-190)
Sec. 12-190.
Annuities etc.
Exempt.
(a) All pensions, annuities, refunds or disability benefits granted under
this Article, and every portion thereof, are exempt from any State or
municipal tax, and exempt from attachment or garnishment process and shall
not be seized, taken, subjected to, detained or levied upon by virtue of
any judgment, or any process or proceeding whatsoever issued out of or by
any court for the payment and satisfaction in whole or in part of any debt,
damage, claim, demand or judgment against a pensioner, annuitant, refund
applicant or other beneficiary hereunder.
(b) No pensioner, annuitant, applicant for refund, disability
beneficiary or other beneficiary has a right to transfer or assign his or
her pension, annuity, refund or disability benefit or any part thereof,
either by mortgage or otherwise, except that an annuitant may direct that a
monthly payment be made to the group health or hospital insurance plan
administered by his or her former employer or by the pension fund
established under this Article.
(c) Whenever an annuity, pension, refund or disability benefit is
payable to a minor or a person adjudged to be under legal disability, the
board, in its discretion, when in the apparent interest of such minor or
person under legal disability, may waive guardianship proceedings and pay
such money to the person providing for or caring for such minor and to the
spouse or blood relative providing or caring for such person under legal
disability. In the event the person under legal disability has no spouse
or blood relatives willing to provide or care for him or her, and for whom
no estate guardian has been appointed, and who is confined to a Medicare approved,
State certified nursing home or a publicly owned and operated nursing home,
hospital or mental institution, the board may pay such benefit due such
person to the head of the nursing home, hospital or mental institution for
deposit to such person's trust fund account maintained by the
certified nursing home, hospital or institution, if such trust fund
accounts are authorized or recognized by law. The acceptance of
the payment and the endorsement of the payment by the person caring for or
providing for a minor or a person under legal disability shall be an
absolute discharge of the board's and the fund's liability in respect to
the amount so paid.
(d) Whenever an employee, pensioner, annuitant, applicant for refund or
disability beneficiary disappears or the person's whereabouts are unknown
and it cannot be ascertained whether or not the person is alive, there
shall be paid to the person's spouse the amount which would be payable to
the spouse in the event that the person died on the date of disappearance.
In the event the missing person returns, or is proved to be alive, the
amount previously paid to the spouse shall be charged against any moneys
payable to the person under this Article as though such payment to the
spouse had been an allowance out of the moneys payable to such person.
(Source: P.A. 86-1488 .)
|