Full Text of SB2578 100th General Assembly
SB2578eng 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning public employee benefits.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Pension Code is amended by changing | 5 | | Section 9-228 as follows:
| 6 | | (40 ILCS 5/9-228) (from Ch. 108 1/2, par. 9-228)
| 7 | | Sec. 9-228. Attachment; withholding.
| 8 | | (a) The annuities, pensions, refunds, and disability | 9 | | benefits granted
under this Article shall be exempt from | 10 | | attachment or garnishment process
and shall not be seized, | 11 | | taken, subjected to, detained, or levied upon by
virtue of any | 12 | | judgment, or any process or proceeding whatsoever issued out
of | 13 | | or by any court in this State, for the payment and satisfaction | 14 | | in whole
or in part of any debt, damage, claim, demand, or | 15 | | judgment against any
annuitant, pensioner, person entitled to a | 16 | | refund, or other beneficiary
hereunder.
| 17 | | (b) No annuitant, pensioner, person entitled to a refund, | 18 | | or other
beneficiary shall have any right to transfer or assign | 19 | | his annuity or
disability benefit or any part thereof by way of | 20 | | mortgage or otherwise
except that an annuitant or a widow | 21 | | annuitant who elects to participate in
any group | 22 | | hospitalization plan or group medical surgical plan shall have
| 23 | | the right to authorize the Board to deduct the cost to him of |
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| 1 | | such plan
from the annuity check and to pay such deducted | 2 | | amount to the group
insurance carrier, provided, however, that | 3 | | the Board in its discretion may
terminate such right; provided, | 4 | | that the board in its discretion may pay to
the wife of any | 5 | | annuitant, pensioner, refund applicant, or disability
| 6 | | beneficiary such an amount out of her husband's annuity, | 7 | | pension, refund,
or disability benefit as any court may order, | 8 | | or such an amount as the
board may consider necessary for the | 9 | | support of his wife or children or
both in the event of his | 10 | | disappearance or unexplained absence or his
failure to support | 11 | | such wife or children.
| 12 | | (c) The board may retain out of any future annuity, | 13 | | pension, refund or
disability benefit payments, such amount, or | 14 | | amounts, as it may require for
the repayment of any moneys paid | 15 | | to any annuitant, pensioner, refund
applicant, or disability | 16 | | beneficiary through misrepresentation, fraud or
error. Any | 17 | | such action of the board shall relieve and release the board | 18 | | and
the fund from any liability for any moneys so withheld.
| 19 | | (d) Whenever an annuity, pension, refund, or disability | 20 | | benefit is
payable to a minor or to a person adjudged to be | 21 | | under legal disability,
the board, in its discretion and when | 22 | | to the best interest of the person
concerned, may waive | 23 | | guardianship proceedings and pay the annuity, pension,
refund | 24 | | or benefit to the person providing or caring for the minor and | 25 | | to
the wife, parent or blood relative providing or caring for | 26 | | the person.
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| 1 | | In the event that a person certified by a medical doctor to | 2 | | be under legal disability (i) has no spouse, blood relative, or | 3 | | other person providing or caring for him or her, (ii) has no | 4 | | guardian of his or her estate, and (iii) is confined to a | 5 | | Medicare-certified, State-licensed nursing home or to a | 6 | | publicly owned and operated nursing home, hospital, or mental | 7 | | institution, the Board may pay any benefit due that person to | 8 | | the nursing home, hospital, or mental institution, to be used | 9 | | for the sole benefit of the person under legal disability. | 10 | | Payment in accordance with this subsection to a person, | 11 | | nursing home, hospital, or mental institution for the benefit | 12 | | of a minor or person under legal disability shall be an | 13 | | absolute discharge of the Fund's liability with respect to the | 14 | | amount so paid. Any person, nursing home, hospital, or mental | 15 | | institution accepting payment under this subsection shall | 16 | | notify the Fund of the death or any other relevant change in | 17 | | the status of the minor or person under legal disability. | 18 | | (e) An annuitant may authorize the withholding of a portion | 19 | | of his
annuity for payment of dues to any labor organization | 20 | | designated by the
annuitant; however, no portion of annuities | 21 | | may be withheld pursuant to
this subsection for payment to any | 22 | | one labor organization unless a minimum
of 100 annuitants | 23 | | authorize such withholding, except that the Board may
allow | 24 | | such withholding for less than 100 annuitants during a | 25 | | probationary
period of between 3 and 6 months, as determined by | 26 | | the Board. The Board
shall prescribe a form for the |
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| 1 | | authorization of such withholding, and shall
provide such forms | 2 | | to employees, annuitants and labor organizations upon
request. | 3 | | Amounts withheld by the Board under this subsection shall be
| 4 | | promptly paid over to the designated organizations.
| 5 | | Any such labor organization shall have access to the Fund's | 6 | | mailing list
of annuitants, upon such terms as the Board may | 7 | | approve. The expenses of
any mailing conducted by the labor | 8 | | organization shall be borne by the labor
organization.
| 9 | | (Source: P.A. 87-793.)
| 10 | | Section 99. Effective date. This Act takes effect upon | 11 | | becoming law.
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