(40 ILCS 5/15-190) (from Ch. 108 1/2, par. 15-190)
Sec. 15-190.
Persons under legal disability.
If a person is under legal
disability when any right or privilege accrues to him or her under this
Article, a guardian may be appointed pursuant to law, and may, on behalf of
such person, claim and exercise any such right or privilege with the same
force and effect as if the person had not been under a legal disability and
had claimed or exercised such right or privilege.
If a person's application for benefits or a physician's certificate
on file with the board shows that the person is under a legal disability, the
benefits payable under this Article may be paid (1) directly to the person
under legal
disability, (2) to any person who has legally qualified and is acting as
guardian of the property of the person under legal disability, (3) to either
parent of the person under legal disability or any adult person with whom the
person under legal disability may at the time be living, provided only that
such parent or adult person to whom any amount is to be paid shall have advised
the board in writing that such amount will be held or used for the benefit of
the person under legal disability, or (4) to the trustee of any
trust created for the sole benefit of the person under legal disability while
that person is living, provided only that
the trustee of such trust to whom any amount is to be paid shall have advised
the board in writing that such amount will be held or used for the benefit of
the person under legal disability. The system shall not be required to
determine the validity of the trust or any of the terms thereof. The
representation of the trustee that the trust meets the requirements of this
Section shall be conclusive as to the system. The written receipt of the
person under legal disability or the other person who receives such payment
shall be an absolute discharge of the system's liability in
respect of the amount so paid.
(Source: P.A. 93-347, eff. 7-24-03.)
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