(40 ILCS 5/5-218) (from Ch. 108 1/2, par. 5-218)
Sec. 5-218.
Annuities, etc.
- Exempt.
All pensions, annuities, refunds or disability benefits granted under
this Article, and every portion thereof, are 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.
No pensioner, annuitant, refund applicant or disability beneficiary has
a right to transfer or assign his or her pension, annuity, refund or
disability benefit or any part thereof by mortgage or otherwise, except
that a pensioner or annuitant may direct in writing that payment be made
monthly, in a fixed amount, for hospitalization purposes.
The board, in its discretion, may pay to the wife or unmarried minor
child of an annuitant, pensioner, refund applicant or disability
beneficiary, such amount out of the annuity, pension, refund or disability
benefit as a court may order, or such amount as the board may consider
necessary for the support of such wife or child (or both) in the event of
his disappearance or unexplained absence or his failure to support his wife
or child, or both.
The board may also withhold from any future annuity, pension, refund or
disability benefit payments such amount, or amounts, as it may, in its
discretion, set for the purpose of repayment of any moneys paid to an
annuitant, pensioner, refund applicant or disability beneficiary through
misrepresentation, fraud or error; provided that when any pension or
annuity is claimed to have been paid erroneously to a policeman who retired
prior to the effective date and the policeman has subsequently re-entered
the service and resumed contributions to the fund, no part of any future
annuity or disability benefit payable to him when he again becomes
separated from the service shall be retained or withheld for repayment into
the fund of any deficiency due from him on account of any pension or
annuity prior to such re-entry if such original pension or annuity was paid
without any misrepresentation by the policeman as to his age or period of
service in the procuring of such prior pension. Any authorized action taken
by the board shall relieve and release the board and the fund from any
liability for any moneys retained or paid out as herein provided.
Whenever money is payable to a minor or to a person adjudged to be under
legal disability to manage or care for his own estate, the board may,
in its discretion when to the apparent interest of the minor or person under
legal disability, waive guardianship proceedings and
pay such money to the person providing for or caring for the minor, and to
the wife, parent or blood relative providing or caring for the person under
legal disability.
Whenever a pensioner, annuitant, refund applicant or disability
beneficiary disappears or his whereabouts are unknown and it cannot be
ascertained whether or not he is living, there shall be paid to his wife or
his children, or both, under this section, such amount only as will not be
in excess of the amount which would be payable in the event the pensioner,
annuitant, refund applicant or disability beneficiary had died on the date
of his disappearance; and, in the event of his subsequent return, or upon
satisfactory proof of his being alive, the amount theretofore paid shall be
charged against any moneys payable to him under any of the provisions of
this Article to the same effect as though the payment to his wife or
children, or both, had been an allowance to her or them out of the moneys
payable to him as such pensioner, annuitant, refund applicant or disability
beneficiary.
(Source: P.A. 83-706.)
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