(70 ILCS 3605/28c)
Sec. 28c.
Power to deduct wages for debts.
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 Cook County Forest
Preserve District, the Chicago Park District, the
Metropolitan Water Reclamation District, 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
Metropolitan Water Reclamation District, the Chicago Board of Education, or the
housing authority
by an employee of
the Authority,
the
Authority 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
Metropolitan Water Reclamation District, 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. Before the Authority
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
Metropolitan Water Reclamation District, 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
Metropolitan Water Reclamation District, 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. For purposes of this Section, "net amount" means that part of the
salary or wage
payment remaining
after the deduction of any amounts required by law to be deducted and
"debt due
and owing" means (i) a specified sum of money owed to the municipality, the
county, the Cook County Forest Preserve District, the Chicago Park District,
the
Metropolitan Water Reclamation District, 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
Metropolitan Water Reclamation District, 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.
(Source: P.A. 92-109, eff. 7-20-01.)
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