State of Illinois
90th General Assembly
Legislation

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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
                            -2-                LRB9002755KDks
 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
                            -3-                LRB9002755KDks
 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
                            -4-                LRB9002755KDks
 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.
                            -5-                LRB9002755KDks
 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%
                            -6-                LRB9002755KDks
 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
                            -7-                LRB9002755KDks
 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
                            -8-                LRB9002755KDks
 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
                            -9-                LRB9002755KDks
 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.

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