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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.