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90_HB0314eng
320 ILCS 25/4 from Ch. 67 1/2, par. 404
Amends the Senior Citizens and Disabled Persons Property
Tax Relief and Pharmaceutical Assistance Act. Provides that,
beginning in 1998, the grant will be available to individuals
62 years of age or older (now 65 years of age or older).
Increases the household income limit from $14,000 to $35,000.
Deletes statement providing that in no event may a grant
under this Act exceed $700 less 4.5% of household income for
that year. Provides that the household income limitation for
the grant shall be subject to annual adjustments equal to the
percentage of increase in the previous year in the Consumer
Price Index for All Urban Consumers for all items published
by the United States Department of Labor. Effective January
1, 1998.
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1 AN ACT to amend the Senior Citizens and Disabled Persons
2 Property Tax Relief and Pharmaceutical Assistance Act by
3 changing Section 4.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Senior Citizens and Disabled Persons
7 Property Tax Relief and Pharmaceutical Assistance Act is
8 amended by changing Section 4 as follows:
9 (320 ILCS 25/4) (from Ch. 67 1/2, par. 404)
10 (Text of Section before amendment by P.A. 89-507)
11 Sec. 4. Amount of Grant.
12 (a) In general. Any individual prior to 1998, 65 or,
13 beginning in 1998, 62 years or older or any individual who
14 will become, prior to 1998, 65 or, beginning in 1998, 62
15 years old during the calendar year in which a claim is filed,
16 and any surviving spouse of such a claimant, who at the time
17 of death received or was entitled to receive a grant pursuant
18 to this Section, which surviving spouse will become, prior to
19 1998, 65 or, beginning in 1998, 62 years of age within the 24
20 months immediately following the death of such claimant and
21 which surviving spouse but for his or her age is otherwise
22 qualified to receive a grant pursuant to this Section, and
23 any disabled person whose annual household income is less
24 than $30,000 $14,000 and whose household is liable for
25 payment of property taxes accrued or has paid rent
26 constituting property taxes accrued and is domiciled in this
27 State at the time he files his claim is entitled to claim a
28 grant under this Act. Beginning January 1, 1998 the amount of
29 the household income of the applicant shall be subject to
30 annual adjustments equal to the percentage of increase in the
31 previous calendar year in the Consumer Price Index for All
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1 Urban Consumers for all items published by the United States
2 Department of Labor. With respect to claims filed by
3 individuals who will become, prior to 1998, 65, or beginning
4 in 1998, 62 years old during the calendar year in which a
5 claim is filed, the amount of any grant to which that
6 household is entitled shall be an amount equal to 1/12 of the
7 amount to which the claimant would otherwise be entitled as
8 provided in this Section, multiplied by the number of months
9 in which the claimant, prior to 1998, was 65 or, beginning in
10 1998, 62 in the calendar year in which the claim is filed.
11 (b) Limitation. Except as otherwise provided in
12 subsections (a) and (f) of this Section, the maximum amount
13 of grant which a claimant is entitled to claim is the amount
14 by which the property taxes accrued which were paid or
15 payable during the last preceding tax year or rent
16 constituting property taxes accrued upon the claimant's
17 residence for the last preceding taxable year exceeds 3 1/2%
18 of the claimant's household income for that year but in no
19 event is the grant to exceed $700 less 4.5% of household
20 income for that year.
21 (c) Public aid recipients. If household income in one
22 or more months during a year includes cash assistance in
23 excess of $55 per month from the Department of Public Aid
24 which was determined under regulations of that Department on
25 a measure of need that included an allowance for actual rent
26 or property taxes paid by the recipient of that assistance,
27 the amount of grant to which that household is entitled,
28 except as otherwise provided in subsection (a), shall be the
29 product of (1) the maximum amount computed as specified in
30 subsection (b) of this Section and (2) the ratio of the
31 number of months in which household income did not include
32 such cash assistance over $55 to the number twelve. If
33 household income did not include such cash assistance over
34 $55 for any months during the year, the amount of the grant
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1 to which the household is entitled shall be the maximum
2 amount computed as specified in subsection (b) of this
3 Section. For purposes of this paragraph (c), "cash
4 assistance" does not include any amount received under the
5 federal Supplemental Security Income (SSI) program.
6 (d) Joint ownership. If title to the residence is held
7 jointly by the claimant with a person who is not a member of
8 his household, the amount of property taxes accrued used in
9 computing the amount of grant to which he is entitled shall
10 be the same percentage of property taxes accrued as is the
11 percentage of ownership held by the claimant in the
12 residence.
13 (e) More than one residence. If a claimant has occupied
14 more than one residence in the taxable year, he may claim
15 only one residence for any part of a month. In the case of
16 property taxes accrued, he shall pro rate 1/12 of the total
17 property taxes accrued on his residence to each month that he
18 owned and occupied that residence; and, in the case of rent
19 constituting property taxes accrued, shall pro rate each
20 month's rent payments to the residence actually occupied
21 during that month.
22 (f) There is hereby established a program of
23 pharmaceutical assistance to the aged and disabled which
24 shall be administered by the Department in accordance with
25 this Act, to consist of payments to authorized pharmacies, on
26 behalf of beneficiaries of the program, for the reasonable
27 costs of covered prescription drugs. Each beneficiary who
28 pays $40 for an identification card shall pay the first $15
29 of prescription costs each month. Each beneficiary who pays
30 $80 for an identification card shall pay the first $25 of
31 prescription costs each month. In addition, after a
32 beneficiary receives $800 in benefits during a State fiscal
33 year, that beneficiary shall also be charged 20% of the cost
34 of each prescription for which payments are made by the
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1 program during the remainder of the fiscal year. To become a
2 beneficiary under this program a person must be: (1) (i)
3 prior to 1998, 65 or, beginning in 1998, 62 years or older,
4 or (ii) the surviving spouse of such a claimant, who at the
5 time of death received or was entitled to receive benefits
6 pursuant to this subsection, which surviving spouse will
7 become, prior to 1998, 65 or, beginning in 1998, 62 years of
8 age within the 24 months immediately following the death of
9 such claimant and which surviving spouse but for his or her
10 age is otherwise qualified to receive benefits pursuant to
11 this subsection, or (iii) disabled, and (2) is domiciled in
12 this State at the time he files his or her claim, and (3) has
13 a maximum household income of less than $30,000 $14,000.
14 Beginning January 1, 1998 the amount of the household income
15 of the applicant shall be subject to annual adjustments equal
16 to the percentage of increase in the previous calendar year
17 in the Consumer Price Index for All Urban Consumers for all
18 items published by the United States Department of Labor. In
19 addition, each eligible person must (1) obtain an
20 identification card from the Department, (2) at the time the
21 card is obtained, sign a statement assigning to the State of
22 Illinois benefits which may be otherwise claimed under any
23 private insurance plans, (3) present the identification card
24 to the dispensing pharmacist.
25 Any person otherwise eligible for pharmaceutical
26 assistance under this Act whose covered drugs are covered by
27 any public program for assistance in purchasing any covered
28 prescription drugs shall be ineligible for assistance under
29 this Act to the extent such costs are covered by such other
30 plan.
31 The fee to be charged by the Department for the
32 identification card shall be equal to $40 for persons below
33 the official poverty line as defined by the United States
34 Department of Health and Human Services and $80 for all other
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1 persons.
2 In the event that 2 or more persons are eligible for any
3 benefit under this Act, and are members of the same
4 household, (1) each such person shall be entitled to
5 participate in the pharmaceutical assistance program,
6 provided that he or she meets all other requirements imposed
7 by this subsection and (2) each participating household
8 member contributes the fee required for that person by the
9 preceding paragraph for the purpose of obtaining an
10 identification card. Persons eligible for any benefit under
11 this Act due to become (i) 65 in calendar year 1984 or any
12 subsequent calendar year before 1998, or (ii) 62 in calendar
13 year 1998 or any subsequent calendar year in which a claim is
14 filed are excluded from the benefit prescribed in this
15 subsection (g) for the calendar year in which they become,
16 prior to 1998, 65 or, beginning in 1998, 62.
17 (Source: P.A. 87-14; 87-860; 87-868; 88-45.)
18 (Text of Section after amendment by P.A. 89-507)
19 Sec. 4. Amount of Grant.
20 (a) In general. Any individual, prior to 1998, 65 or,
21 beginning in 1998, 62 years or older or any individual who
22 will become, prior to 1998, 65 or, beginning in 1998, 62
23 years old during the calendar year in which a claim is filed,
24 and any surviving spouse of such a claimant, who at the time
25 of death received or was entitled to receive a grant pursuant
26 to this Section, which surviving spouse will become, prior to
27 1998, 65, or beginning in 1998, 62 years of age within the 24
28 months immediately following the death of such claimant and
29 which surviving spouse but for his or her age is otherwise
30 qualified to receive a grant pursuant to this Section, and
31 any disabled person whose annual household income is less
32 than $30,000 $14,000 and whose household is liable for
33 payment of property taxes accrued or has paid rent
34 constituting property taxes accrued and is domiciled in this
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1 State at the time he files his claim is entitled to claim a
2 grant under this Act. Beginning January 1, 1998 the amount of
3 the household income of the applicant shall be subject to
4 annual adjustments equal to the percentage of increase in the
5 previous calendar year in the Consumer Price Index for All
6 Urban Consumers for all items published by the United States
7 Department of Labor. With respect to claims filed by
8 individuals who will become, prior to 1998, 65 or, beginning
9 in 1998, 62 years old during the calendar year in which a
10 claim is filed, the amount of any grant to which that
11 household is entitled shall be an amount equal to 1/12 of the
12 amount to which the claimant would otherwise be entitled as
13 provided in this Section, multiplied by the number of months
14 in which the claimant was, prior to 1998, 65 or, beginning in
15 1998, 62 in the calendar year in which the claim is filed.
16 (b) Limitation. Except as otherwise provided in
17 subsections (a) and (f) of this Section, the maximum amount
18 of grant which a claimant is entitled to claim is the amount
19 by which the property taxes accrued which were paid or
20 payable during the last preceding tax year or rent
21 constituting property taxes accrued upon the claimant's
22 residence for the last preceding taxable year exceeds 3 1/2%
23 of the claimant's household income for that year but in no
24 event is the grant to exceed $700 less 4.5% of household
25 income for that year.
26 (c) Public aid recipients. If household income in one
27 or more months during a year includes cash assistance in
28 excess of $55 per month from the Department of Public Aid or
29 the Department of Human Services (acting as successor to the
30 Department of Public Aid under the Department of Human
31 Services Act) which was determined under regulations of that
32 Department on a measure of need that included an allowance
33 for actual rent or property taxes paid by the recipient of
34 that assistance, the amount of grant to which that household
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1 is entitled, except as otherwise provided in subsection (a),
2 shall be the product of (1) the maximum amount computed as
3 specified in subsection (b) of this Section and (2) the ratio
4 of the number of months in which household income did not
5 include such cash assistance over $55 to the number twelve.
6 If household income did not include such cash assistance over
7 $55 for any months during the year, the amount of the grant
8 to which the household is entitled shall be the maximum
9 amount computed as specified in subsection (b) of this
10 Section. For purposes of this paragraph (c), "cash
11 assistance" does not include any amount received under the
12 federal Supplemental Security Income (SSI) program.
13 (d) Joint ownership. If title to the residence is held
14 jointly by the claimant with a person who is not a member of
15 his household, the amount of property taxes accrued used in
16 computing the amount of grant to which he is entitled shall
17 be the same percentage of property taxes accrued as is the
18 percentage of ownership held by the claimant in the
19 residence.
20 (e) More than one residence. If a claimant has occupied
21 more than one residence in the taxable year, he may claim
22 only one residence for any part of a month. In the case of
23 property taxes accrued, he shall pro rate 1/12 of the total
24 property taxes accrued on his residence to each month that he
25 owned and occupied that residence; and, in the case of rent
26 constituting property taxes accrued, shall pro rate each
27 month's rent payments to the residence actually occupied
28 during that month.
29 (f) There is hereby established a program of
30 pharmaceutical assistance to the aged and disabled which
31 shall be administered by the Department in accordance with
32 this Act, to consist of payments to authorized pharmacies, on
33 behalf of beneficiaries of the program, for the reasonable
34 costs of covered prescription drugs. Each beneficiary who
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1 pays $40 for an identification card shall pay the first $15
2 of prescription costs each month. Each beneficiary who pays
3 $80 for an identification card shall pay the first $25 of
4 prescription costs each month. In addition, after a
5 beneficiary receives $800 in benefits during a State fiscal
6 year, that beneficiary shall also be charged 20% of the cost
7 of each prescription for which payments are made by the
8 program during the remainder of the fiscal year. To become a
9 beneficiary under this program a person must be: (1) (i)
10 prior to 1998, 65 or, beginning in 1998, 62 years or older,
11 or (ii) the surviving spouse of such a claimant, who at the
12 time of death received or was entitled to receive benefits
13 pursuant to this subsection, which surviving spouse will
14 become, prior to 1998, 65 or, beginning in 1998, 62 years of
15 age within the 24 months immediately following the death of
16 such claimant and which surviving spouse but for his or her
17 age is otherwise qualified to receive benefits pursuant to
18 this subsection, or (iii) disabled, and (2) is domiciled in
19 this State at the time he files his or her claim, and (3) has
20 a maximum household income of less than $30,000 $14,000.
21 Beginning January 1, 1998 the amount of the household income
22 of the applicant shall be subject to annual adjustments equal
23 to the percentage of increase in the previous calendar year
24 in the Consumer Price Index for All Urban Consumers for all
25 items published by the United States Department of Labor. In
26 addition, each eligible person must (1) obtain an
27 identification card from the Department, (2) at the time the
28 card is obtained, sign a statement assigning to the State of
29 Illinois benefits which may be otherwise claimed under any
30 private insurance plans, (3) present the identification card
31 to the dispensing pharmacist.
32 Any person otherwise eligible for pharmaceutical
33 assistance under this Act whose covered drugs are covered by
34 any public program for assistance in purchasing any covered
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1 prescription drugs shall be ineligible for assistance under
2 this Act to the extent such costs are covered by such other
3 plan.
4 The fee to be charged by the Department for the
5 identification card shall be equal to $40 for persons below
6 the official poverty line as defined by the United States
7 Department of Health and Human Services and $80 for all other
8 persons.
9 In the event that 2 or more persons are eligible for any
10 benefit under this Act, and are members of the same
11 household, (1) each such person shall be entitled to
12 participate in the pharmaceutical assistance program,
13 provided that he or she meets all other requirements imposed
14 by this subsection and (2) each participating household
15 member contributes the fee required for that person by the
16 preceding paragraph for the purpose of obtaining an
17 identification card. Persons eligible for any benefit under
18 this Act due to become (i) 65 in calendar year 1984 or any
19 subsequent calendar year before 1998, or (ii) 62 in calendar
20 year 1998 or any subsequent calendar year in which a claim is
21 filed are excluded from the benefit prescribed in this
22 subsection (g) for the calendar year in which they become,
23 prior to 1998, 65 or, beginning in 1998, 62.
24 (Source: P.A. 88-45; 89-507, eff. 7-1-97.)
25 Section 95. No acceleration or delay. Where this Act
26 makes changes in a statute that is represented in this Act by
27 text that is not yet or no longer in effect (for example, a
28 Section represented by multiple versions), the use of that
29 text does not accelerate or delay the taking effect of (i)
30 the changes made by this Act or (ii) provisions derived from
31 any other Public Act.
32 Section 99. Effective date. This Act takes effect
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1 January 1, 1998.