Public Act 100-0794
 
SB2578 EnrolledLRB100 18395 MJP 33606 b


  
    AN ACT concerning public employee benefits.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Illinois Pension Code is amended  by changing 
Section 9-228 as follows:
 



    (40 ILCS 5/9-228)  (from Ch. 108 1/2, par. 9-228)



    Sec. 9-228. Attachment; withholding. 

    (a) The annuities, pensions, refunds, and disability 
benefits granted
under this Article shall be 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 in this State, for the payment and satisfaction 
in whole
or in part of any debt, damage, claim, demand, or 
judgment against any
annuitant, pensioner, person entitled to a 
refund, or other beneficiary
hereunder.

    (b) No annuitant, pensioner, person entitled to a refund, 
or other
beneficiary shall have any right to transfer or assign 
his annuity or
disability benefit or any part thereof by way of 
mortgage or otherwise
except that an annuitant or a widow 
annuitant who elects to participate in
any group 
hospitalization plan or group medical surgical plan shall have

the right to authorize the Board to deduct the cost to him of 
such plan
from the annuity check and to pay such deducted 
amount to the group
insurance carrier, provided, however, that 
the Board in its discretion may
terminate such right; provided, 
that the board in its discretion may pay to
the wife of any 
annuitant, pensioner, refund applicant, or disability

beneficiary such an amount out of her husband's annuity, 
pension, refund,
or disability benefit as any court may order, 
or such an amount as the
board may consider necessary for the 
support of his wife or children or
both in the event of his 
disappearance or unexplained absence or his
failure to support 
such wife or children.

    (c) The board may retain out of any future annuity, 
pension, refund or
disability benefit payments, such amount, or 
amounts, as it may require for
the repayment of any moneys paid 
to any annuitant, pensioner, refund
applicant, or disability 
beneficiary through misrepresentation, fraud or
error.  Any 
such action of the board shall relieve and release the board 
and
the fund from any liability for any moneys so withheld.

    (d) Whenever an annuity, pension, refund, or disability 
benefit is
payable to a minor or to a person adjudged to be 
under legal disability,
the board, in its discretion and when 
to the best interest of the person
concerned, may waive 
guardianship proceedings and pay the annuity, pension,
refund 
or benefit to the person providing or caring for the minor and 
to
the wife, parent or blood relative providing or caring for 
the person.

    In the event that a person certified by a medical doctor to 
be under legal disability (i) has no spouse, blood relative, or 
other person providing or caring for him or her, (ii) has no 
guardian of his or her estate, and (iii) is confined to a 
Medicare-certified, State-licensed nursing home or to a 
publicly owned and operated nursing home, hospital, or mental 
institution, the Board may pay any benefit due that person to 
the nursing home, hospital, or mental institution, to be used 
for the sole benefit of the person under legal disability.
    Payment in accordance with this subsection to a person, 
nursing home, hospital, or mental institution for the benefit 
of a minor or person under legal disability shall be an 
absolute discharge of the Fund's liability with respect to the 
amount so paid.  Any person, nursing home, hospital, or mental 
institution accepting payment under this subsection shall 
notify the Fund of the death or any other relevant change in 
the status of the minor or person under legal disability. 
    (e) An annuitant may authorize the withholding of a portion 
of his
annuity for payment of dues to any labor organization 
designated by the
annuitant; however, no portion of annuities 
may be withheld pursuant to
this subsection for payment to any 
one labor organization unless a minimum
of 100 annuitants 
authorize such withholding, except that the Board may
allow 
such withholding for less than 100 annuitants during a 
probationary
period of between 3 and 6 months, as determined by 
the Board.  The Board
shall prescribe a form for the 
authorization of such withholding, and shall
provide such forms 
to employees, annuitants and labor organizations upon
request.  
Amounts withheld by the Board under this subsection shall be

promptly paid over to the designated organizations.

    Any such labor organization shall have access to the Fund's 
mailing list
of annuitants, upon such terms as the Board may 
approve.  The expenses of
any mailing conducted by the labor 
organization shall be borne by the labor
organization.

(Source: P.A. 87-793.)

 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.