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90_HB0971
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 to increase the
income limitation, beginning with the 1997 grant year, from
$14,000 to $30,000. Provides that the maximum grant for
claimants with an income of more than $14,000 but less than
$30,000 is $70. Effective immediately.
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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 65 years or older or any
13 individual who will become 65 years old during the calendar
14 year in which a claim is filed, and any surviving spouse of
15 such a claimant, who at the time of death received or was
16 entitled to receive a grant pursuant to this Section, which
17 surviving spouse will become 65 years of age within the 24
18 months immediately following the death of such claimant and
19 which surviving spouse but for his or her age is otherwise
20 qualified to receive a grant pursuant to this Section, and
21 any disabled person whose annual household income is less
22 than $14,000 for grant years before the 1997 grant year and
23 $30,000 for the 1997 grant year and thereafter and whose
24 household is liable for payment of property taxes accrued or
25 has paid rent constituting property taxes accrued and is
26 domiciled in this State at the time he files his claim is
27 entitled to claim a grant under this Act. With respect to
28 claims filed by individuals who will become 65 years old
29 during the calendar year in which a claim is filed, the
30 amount of any grant to which that household is entitled shall
31 be an amount equal to 1/12 of the amount to which the
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1 claimant would otherwise be entitled as provided in this
2 Section, multiplied by the number of months in which the
3 claimant was 65 in the calendar year in which the claim is
4 filed.
5 (b) Limitation. Except as otherwise provided in
6 subsections (a) and (f) of this Section, the maximum amount
7 of grant which a claimant is entitled to claim is the amount
8 by which the property taxes accrued which were paid or
9 payable during the last preceding tax year or rent
10 constituting property taxes accrued upon the claimant's
11 residence for the last preceding taxable year exceeds 3 1/2%
12 of the claimant's household income for that year but in no
13 event is the grant to exceed (i) $700 less 4.5% of household
14 income for that year for those with a household income of
15 $14,000 or less or (ii) $70 for those with a household income
16 of more than $14,000 but less than $30,000.
17 (c) Public aid recipients. If household income in one
18 or more months during a year includes cash assistance in
19 excess of $55 per month from the Department of Public Aid
20 which was determined under regulations of that Department on
21 a measure of need that included an allowance for actual rent
22 or property taxes paid by the recipient of that assistance,
23 the amount of grant to which that household is entitled,
24 except as otherwise provided in subsection (a), shall be the
25 product of (1) the maximum amount computed as specified in
26 subsection (b) of this Section and (2) the ratio of the
27 number of months in which household income did not include
28 such cash assistance over $55 to the number twelve. If
29 household income did not include such cash assistance over
30 $55 for any months during the year, the amount of the grant
31 to which the household is entitled shall be the maximum
32 amount computed as specified in subsection (b) of this
33 Section. For purposes of this paragraph (c), "cash
34 assistance" does not include any amount received under the
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1 federal Supplemental Security Income (SSI) program.
2 (d) Joint ownership. If title to the residence is held
3 jointly by the claimant with a person who is not a member of
4 his household, the amount of property taxes accrued used in
5 computing the amount of grant to which he is entitled shall
6 be the same percentage of property taxes accrued as is the
7 percentage of ownership held by the claimant in the
8 residence.
9 (e) More than one residence. If a claimant has occupied
10 more than one residence in the taxable year, he may claim
11 only one residence for any part of a month. In the case of
12 property taxes accrued, he shall pro rate 1/12 of the total
13 property taxes accrued on his residence to each month that he
14 owned and occupied that residence; and, in the case of rent
15 constituting property taxes accrued, shall pro rate each
16 month's rent payments to the residence actually occupied
17 during that month.
18 (f) There is hereby established a program of
19 pharmaceutical assistance to the aged and disabled which
20 shall be administered by the Department in accordance with
21 this Act, to consist of payments to authorized pharmacies, on
22 behalf of beneficiaries of the program, for the reasonable
23 costs of covered prescription drugs. Each beneficiary who
24 pays $40 for an identification card shall pay the first $15
25 of prescription costs each month. Each beneficiary who pays
26 $80 for an identification card shall pay the first $25 of
27 prescription costs each month. In addition, after a
28 beneficiary receives $800 in benefits during a State fiscal
29 year, that beneficiary shall also be charged 20% of the cost
30 of each prescription for which payments are made by the
31 program during the remainder of the fiscal year. To become a
32 beneficiary under this program a person must be: (1) (i) 65
33 years or older, or (ii) the surviving spouse of such a
34 claimant, who at the time of death received or was entitled
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1 to receive benefits pursuant to this subsection, which
2 surviving spouse will become 65 years of age within the 24
3 months immediately following the death of such claimant and
4 which surviving spouse but for his or her age is otherwise
5 qualified to receive benefits pursuant to this subsection, or
6 (iii) disabled, and (2) is domiciled in this State at the
7 time he files his or her claim, and (3) has a maximum
8 household income of less than $14,000 for grant years before
9 the 1997 grant year and $30,000 for the 1997 grant year and
10 thereafter. In addition, each eligible person must (1) obtain
11 an identification card from the Department, (2) at the time
12 the card is obtained, sign a statement assigning to the State
13 of Illinois benefits which may be otherwise claimed under any
14 private insurance plans, (3) present the identification card
15 to the dispensing pharmacist.
16 Any person otherwise eligible for pharmaceutical
17 assistance under this Act whose covered drugs are covered by
18 any public program for assistance in purchasing any covered
19 prescription drugs shall be ineligible for assistance under
20 this Act to the extent such costs are covered by such other
21 plan.
22 The fee to be charged by the Department for the
23 identification card shall be equal to $40 for persons below
24 the official poverty line as defined by the United States
25 Department of Health and Human Services and $80 for all other
26 persons.
27 In the event that 2 or more persons are eligible for any
28 benefit under this Act, and are members of the same
29 household, (1) each such person shall be entitled to
30 participate in the pharmaceutical assistance program,
31 provided that he or she meets all other requirements imposed
32 by this subsection and (2) each participating household
33 member contributes the fee required for that person by the
34 preceding paragraph for the purpose of obtaining an
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1 identification card. Persons eligible for any benefit under
2 this Act due to become 65 in calendar year 1984 or any
3 subsequent calendar year in which a claim is filed are
4 excluded from the benefit prescribed in this subsection (g)
5 for the calendar year in which they become 65.
6 (Source: P.A. 87-14; 87-860; 87-868; 88-45.)
7 (Text of Section after amendment by P.A. 89-507)
8 Sec. 4. Amount of Grant.
9 (a) In general. Any individual 65 years or older or any
10 individual who will become 65 years old during the calendar
11 year in which a claim is filed, and any surviving spouse of
12 such a claimant, who at the time of death received or was
13 entitled to receive a grant pursuant to this Section, which
14 surviving spouse will become 65 years of age within the 24
15 months immediately following the death of such claimant and
16 which surviving spouse but for his or her age is otherwise
17 qualified to receive a grant pursuant to this Section, and
18 any disabled person whose annual household income is less
19 than $14,000 for grant years before the 1997 grant year and
20 $30,000 for the 1997 grant year and thereafter and whose
21 household is liable for payment of property taxes accrued or
22 has paid rent constituting property taxes accrued and is
23 domiciled in this State at the time he files his claim is
24 entitled to claim a grant under this Act. With respect to
25 claims filed by individuals who will become 65 years old
26 during the calendar year in which a claim is filed, the
27 amount of any grant to which that household is entitled shall
28 be an amount equal to 1/12 of the amount to which the
29 claimant would otherwise be entitled as provided in this
30 Section, multiplied by the number of months in which the
31 claimant was 65 in the calendar year in which the claim is
32 filed.
33 (b) Limitation. Except as otherwise provided in
34 subsections (a) and (f) of this Section, the maximum amount
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1 of grant which a claimant is entitled to claim is the amount
2 by which the property taxes accrued which were paid or
3 payable during the last preceding tax year or rent
4 constituting property taxes accrued upon the claimant's
5 residence for the last preceding taxable year exceeds 3 1/2%
6 of the claimant's household income for that year but in no
7 event is the grant to exceed (i) $700 less 4.5% of household
8 income for that year for those with a household income of
9 $14,000 or less or (ii) $70 for those with a household income
10 of more than $14,000 but less than $30,000.
11 (c) Public aid recipients. If household income in one
12 or more months during a year includes cash assistance in
13 excess of $55 per month from the Department of Public Aid or
14 the Department of Human Services (acting as successor to the
15 Department of Public Aid under the Department of Human
16 Services Act) which was determined under regulations of that
17 Department on a measure of need that included an allowance
18 for actual rent or property taxes paid by the recipient of
19 that assistance, the amount of grant to which that household
20 is entitled, except as otherwise provided in subsection (a),
21 shall be the product of (1) the maximum amount computed as
22 specified in subsection (b) of this Section and (2) the ratio
23 of the number of months in which household income did not
24 include such cash assistance over $55 to the number twelve.
25 If household income did not include such cash assistance over
26 $55 for any months during the year, the amount of the grant
27 to which the household is entitled shall be the maximum
28 amount computed as specified in subsection (b) of this
29 Section. For purposes of this paragraph (c), "cash
30 assistance" does not include any amount received under the
31 federal Supplemental Security Income (SSI) program.
32 (d) Joint ownership. If title to the residence is held
33 jointly by the claimant with a person who is not a member of
34 his household, the amount of property taxes accrued used in
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1 computing the amount of grant to which he is entitled shall
2 be the same percentage of property taxes accrued as is the
3 percentage of ownership held by the claimant in the
4 residence.
5 (e) More than one residence. If a claimant has occupied
6 more than one residence in the taxable year, he may claim
7 only one residence for any part of a month. In the case of
8 property taxes accrued, he shall pro rate 1/12 of the total
9 property taxes accrued on his residence to each month that he
10 owned and occupied that residence; and, in the case of rent
11 constituting property taxes accrued, shall pro rate each
12 month's rent payments to the residence actually occupied
13 during that month.
14 (f) There is hereby established a program of
15 pharmaceutical assistance to the aged and disabled which
16 shall be administered by the Department in accordance with
17 this Act, to consist of payments to authorized pharmacies, on
18 behalf of beneficiaries of the program, for the reasonable
19 costs of covered prescription drugs. Each beneficiary who
20 pays $40 for an identification card shall pay the first $15
21 of prescription costs each month. Each beneficiary who pays
22 $80 for an identification card shall pay the first $25 of
23 prescription costs each month. In addition, after a
24 beneficiary receives $800 in benefits during a State fiscal
25 year, that beneficiary shall also be charged 20% of the cost
26 of each prescription for which payments are made by the
27 program during the remainder of the fiscal year. To become a
28 beneficiary under this program a person must be: (1) (i) 65
29 years or older, or (ii) the surviving spouse of such a
30 claimant, who at the time of death received or was entitled
31 to receive benefits pursuant to this subsection, which
32 surviving spouse will become 65 years of age within the 24
33 months immediately following the death of such claimant and
34 which surviving spouse but for his or her age is otherwise
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1 qualified to receive benefits pursuant to this subsection, or
2 (iii) disabled, and (2) is domiciled in this State at the
3 time he files his or her claim, and (3) has a maximum
4 household income of less than $14,000 for grant years before
5 the 1997 grant year and $30,000 for the 1997 grant year and
6 thereafter. In addition, each eligible person must (1) obtain
7 an identification card from the Department, (2) at the time
8 the card is obtained, sign a statement assigning to the State
9 of Illinois benefits which may be otherwise claimed under any
10 private insurance plans, (3) present the identification card
11 to the dispensing pharmacist.
12 Any person otherwise eligible for pharmaceutical
13 assistance under this Act whose covered drugs are covered by
14 any public program for assistance in purchasing any covered
15 prescription drugs shall be ineligible for assistance under
16 this Act to the extent such costs are covered by such other
17 plan.
18 The fee to be charged by the Department for the
19 identification card shall be equal to $40 for persons below
20 the official poverty line as defined by the United States
21 Department of Health and Human Services and $80 for all other
22 persons.
23 In the event that 2 or more persons are eligible for any
24 benefit under this Act, and are members of the same
25 household, (1) each such person shall be entitled to
26 participate in the pharmaceutical assistance program,
27 provided that he or she meets all other requirements imposed
28 by this subsection and (2) each participating household
29 member contributes the fee required for that person by the
30 preceding paragraph for the purpose of obtaining an
31 identification card. Persons eligible for any benefit under
32 this Act due to become 65 in calendar year 1984 or any
33 subsequent calendar year in which a claim is filed are
34 excluded from the benefit prescribed in this subsection (g)
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1 for the calendar year in which they become 65.
2 (Source: P.A. 88-45; 89-507, eff. 7-1-97.)
3 Section 95. No acceleration or delay. Where this Act
4 makes changes in a statute that is represented in this Act by
5 text that is not yet or no longer in effect (for example, a
6 Section represented by multiple versions), the use of that
7 text does not accelerate or delay the taking effect of (i)
8 the changes made by this Act or (ii) provisions derived from
9 any other Public Act.
10 Section 99. Effective date. This Act takes effect upon
11 becoming law.