(70 ILCS 2605/4.39)
Sec. 4.39.
Power to deduct wages for debts.
(a) Upon receipt of notice from the comptroller of a municipality
with a population of 500,000 or more,
a county with a population of 3,000,000 or more, the Chicago Park District,
the Metropolitan Water Reclamation District, the
Chicago Transit Authority, the Chicago Board of Education, or a housing
authority of a municipality with a population of 500,000 or more
that a debt is due and owing the
municipality, the county, the Cook County Forest Preserve District, the Chicago
Park District, the
Chicago Transit Authority, the Chicago Board of Education, or the housing
authority
by an employee of the District, the District may
withhold,
from the compensation of that employee, the amount of the debt that is
due and owing and pay the amount withheld to the municipality, the county, the
Cook County Forest Preserve District, the Chicago Park District, the
Chicago Transit Authority, the Chicago Board of Education, or the housing
authority;
provided, however, that the amount deducted from any one salary or wage
payment shall not exceed 25% of the net amount of the payment.
(b) Before the District deducts any amount from any salary or wage
of an employee under this Section, the municipality, the county, the Cook
County Forest Preserve District, the Chicago Park District, the
Chicago Transit Authority, the Chicago Board of Education, or the housing
authority
shall certify
that (i) the employee has been afforded an opportunity for a hearing to dispute
the debt that is due and owing the municipality, the county, the Cook County
Forest Preserve District, the Chicago Park District, the
Chicago Transit Authority, the Chicago Board of Education, or the housing
authority and (ii) the employee has received notice of a wage deduction order
and has
been afforded an opportunity for a hearing to object to the order.
(c) For purposes of this Section:
(1) "Net amount" means that part of the salary or wage payment remaining after the |
| the county, the Cook County Forest Preserve District, the Chicago Park District, the Chicago Transit Authority, the Chicago Board of Education, or the housing authority for services, work, or goods, after the period granted for payment has expired, or (ii) a specified sum of money owed to the municipality, the county, the Cook County Forest Preserve District, the Chicago Park District, the Chicago Transit Authority, the Chicago Board of Education, or the housing authority pursuant to a court order or order of an administrative hearing officer after the exhaustion of, or the failure to exhaust, judicial review.
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