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90_SB0503
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 $24,000. Provides that the maximum grant for
claimants with an income of more than $14,000 but less than
$24,000 is $70.
LRB9002755KDks
LRB9002755KDks
1 AN ACT to amend the Senior Citizen 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 and whose household is liable for payment of
23 property taxes accrued or has paid rent constituting property
24 taxes accrued and is domiciled in this State at the time he
25 files his claim is entitled to claim a grant under this Act.
26 With respect to claims filed by individuals who will become
27 65 years old during the calendar year in which a claim is
28 filed, the amount of any grant to which that household is
29 entitled shall be an amount equal to 1/12 of the amount to
30 which the claimant would otherwise be entitled as provided in
31 this Section, multiplied by the number of months in which the
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1 claimant was 65 in the calendar year in which the claim is
2 filed.
3 (b) Limitation. Except as otherwise provided in
4 subsections (a) and (f) of this Section, the maximum amount
5 of grant which a claimant is entitled to claim is the amount
6 by which the property taxes accrued which were paid or
7 payable during the last preceding tax year or rent
8 constituting property taxes accrued upon the claimant's
9 residence for the last preceding taxable year exceeds 3 1/2%
10 of the claimant's household income for that year but in no
11 event is the grant to exceed $700 less 4.5% of household
12 income for that year.
13 (c) Public aid recipients. If household income in one
14 or more months during a year includes cash assistance in
15 excess of $55 per month from the Department of Public Aid
16 which was determined under regulations of that Department on
17 a measure of need that included an allowance for actual rent
18 or property taxes paid by the recipient of that assistance,
19 the amount of grant to which that household is entitled,
20 except as otherwise provided in subsection (a), shall be the
21 product of (1) the maximum amount computed as specified in
22 subsection (b) of this Section and (2) the ratio of the
23 number of months in which household income did not include
24 such cash assistance over $55 to the number twelve. If
25 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. In addition, each
5 eligible person must (1) obtain an identification card from
6 the Department, (2) at the time the card is obtained, sign a
7 statement assigning to the State of Illinois benefits which
8 may be otherwise claimed under any private insurance plans,
9 (3) present the identification card to the dispensing
10 pharmacist.
11 Any person otherwise eligible for pharmaceutical
12 assistance under this Act whose covered drugs are covered by
13 any public program for assistance in purchasing any covered
14 prescription drugs shall be ineligible for assistance under
15 this Act to the extent such costs are covered by such other
16 plan.
17 The fee to be charged by the Department for the
18 identification card shall be equal to $40 for persons below
19 the official poverty line as defined by the United States
20 Department of Health and Human Services and $80 for all other
21 persons.
22 In the event that 2 or more persons are eligible for any
23 benefit under this Act, and are members of the same
24 household, (1) each such person shall be entitled to
25 participate in the pharmaceutical assistance program,
26 provided that he or she meets all other requirements imposed
27 by this subsection and (2) each participating household
28 member contributes the fee required for that person by the
29 preceding paragraph for the purpose of obtaining an
30 identification card. Persons eligible for any benefit under
31 this Act due to become 65 in calendar year 1984 or any
32 subsequent calendar year in which a claim is filed are
33 excluded from the benefit prescribed in this subsection (g)
34 for the calendar year in which they become 65.
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1 (Source: P.A. 87-14; 87-860; 87-868; 88-45.)
2 (Text of Section after amendment by P.A. 89-507)
3 Sec. 4. Amount of Grant.
4 (a) In general. Any individual 65 years or older or any
5 individual who will become 65 years old during the calendar
6 year in which a claim is filed, and any surviving spouse of
7 such a claimant, who at the time of death received or was
8 entitled to receive a grant pursuant to this Section, which
9 surviving spouse will become 65 years of age within the 24
10 months immediately following the death of such claimant and
11 which surviving spouse but for his or her age is otherwise
12 qualified to receive a grant pursuant to this Section, and
13 any disabled person whose annual household income is less
14 than $14,000 for grant years before the 1997 grant year and
15 $24,000 for the 1997 grant year and thereafter and whose
16 household is liable for payment of property taxes accrued or
17 has paid rent constituting property taxes accrued and is
18 domiciled in this State at the time he files his claim is
19 entitled to claim a grant under this Act. With respect to
20 claims filed by individuals who will become 65 years old
21 during the calendar year in which a claim is filed, the
22 amount of any grant to which that household is entitled shall
23 be an amount equal to 1/12 of the amount to which the
24 claimant would otherwise be entitled as provided in this
25 Section, multiplied by the number of months in which the
26 claimant was 65 in the calendar year in which the claim is
27 filed.
28 (b) Limitation. Except as otherwise provided in
29 subsections (a) and (f) of this Section, the maximum amount
30 of grant which a claimant is entitled to claim is the amount
31 by which the property taxes accrued which were paid or
32 payable during the last preceding tax year or rent
33 constituting property taxes accrued upon the claimant's
34 residence for the last preceding taxable year exceeds 3 1/2%
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1 of the claimant's household income for that year but in no
2 event is the grant to exceed $700 less (i) 4.5% of household
3 income for that year for those with a household income of
4 $14,000 or less or (ii) $70 if household income for that year
5 is more than $14,000 but less than $24,000.
6 (c) Public aid recipients. If household income in one
7 or more months during a year includes cash assistance in
8 excess of $55 per month from the Department of Public Aid or
9 the Department of Human Services (acting as successor to the
10 Department of Public Aid under the Department of Human
11 Services Act) which was determined under regulations of that
12 Department on a measure of need that included an allowance
13 for actual rent or property taxes paid by the recipient of
14 that assistance, the amount of grant to which that household
15 is entitled, except as otherwise provided in subsection (a),
16 shall be the product of (1) the maximum amount computed as
17 specified in subsection (b) of this Section and (2) the ratio
18 of the number of months in which household income did not
19 include such cash assistance over $55 to the number twelve.
20 If household income did not include such cash assistance over
21 $55 for any months during the year, the amount of the grant
22 to which the household is entitled shall be the maximum
23 amount computed as specified in subsection (b) of this
24 Section. For purposes of this paragraph (c), "cash
25 assistance" does not include any amount received under the
26 federal Supplemental Security Income (SSI) program.
27 (d) Joint ownership. If title to the residence is held
28 jointly by the claimant with a person who is not a member of
29 his household, the amount of property taxes accrued used in
30 computing the amount of grant to which he is entitled shall
31 be the same percentage of property taxes accrued as is the
32 percentage of ownership held by the claimant in the
33 residence.
34 (e) More than one residence. If a claimant has occupied
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1 more than one residence in the taxable year, he may claim
2 only one residence for any part of a month. In the case of
3 property taxes accrued, he shall pro rate 1/12 of the total
4 property taxes accrued on his residence to each month that he
5 owned and occupied that residence; and, in the case of rent
6 constituting property taxes accrued, shall pro rate each
7 month's rent payments to the residence actually occupied
8 during that month.
9 (f) There is hereby established a program of
10 pharmaceutical assistance to the aged and disabled which
11 shall be administered by the Department in accordance with
12 this Act, to consist of payments to authorized pharmacies, on
13 behalf of beneficiaries of the program, for the reasonable
14 costs of covered prescription drugs. Each beneficiary who
15 pays $40 for an identification card shall pay the first $15
16 of prescription costs each month. Each beneficiary who pays
17 $80 for an identification card shall pay the first $25 of
18 prescription costs each month. In addition, after a
19 beneficiary receives $800 in benefits during a State fiscal
20 year, that beneficiary shall also be charged 20% of the cost
21 of each prescription for which payments are made by the
22 program during the remainder of the fiscal year. To become a
23 beneficiary under this program a person must be: (1) (i) 65
24 years or older, or (ii) the surviving spouse of such a
25 claimant, who at the time of death received or was entitled
26 to receive benefits pursuant to this subsection, which
27 surviving spouse will become 65 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 benefits pursuant to this subsection, or
31 (iii) disabled, and (2) is domiciled in this State at the
32 time he files his or her claim, and (3) has a maximum
33 household income of less than $14,000. In addition, each
34 eligible person must (1) obtain an identification card from
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1 the Department, (2) at the time the card is obtained, sign a
2 statement assigning to the State of Illinois benefits which
3 may be otherwise claimed under any private insurance plans,
4 (3) present the identification card to the dispensing
5 pharmacist.
6 Any person otherwise eligible for pharmaceutical
7 assistance under this Act whose covered drugs are covered by
8 any public program for assistance in purchasing any covered
9 prescription drugs shall be ineligible for assistance under
10 this Act to the extent such costs are covered by such other
11 plan.
12 The fee to be charged by the Department for the
13 identification card shall be equal to $40 for persons below
14 the official poverty line as defined by the United States
15 Department of Health and Human Services and $80 for all other
16 persons.
17 In the event that 2 or more persons are eligible for any
18 benefit under this Act, and are members of the same
19 household, (1) each such person shall be entitled to
20 participate in the pharmaceutical assistance program,
21 provided that he or she meets all other requirements imposed
22 by this subsection and (2) each participating household
23 member contributes the fee required for that person by the
24 preceding paragraph for the purpose of obtaining an
25 identification card. Persons eligible for any benefit under
26 this Act due to become 65 in calendar year 1984 or any
27 subsequent calendar year in which a claim is filed are
28 excluded from the benefit prescribed in this subsection (g)
29 for the calendar year in which they become 65.
30 (Source: P.A. 88-45; 89-507, eff. 7-1-97.)
31 Section 95. No acceleration or delay. Where this Act
32 makes changes in a statute that is represented in this Act by
33 text that is not yet or no longer in effect (for example, a
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1 Section represented by multiple versions), the use of that
2 text does not accelerate or delay the taking effect of (i)
3 the changes made by this Act or (ii) provisions derived from
4 any other Public Act.