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90_SB0909eng
320 ILCS 25/2 +mfrom Ch. 67 1/2, par. 402@m
Amends the Senior Citizens and Disabled Persons Property
Tax Relief and Pharmaceutical Assistance Act by making a
technical change.
SRS90SB0036PDbm
SB909 Engrossed SRS90SB0036PDbm
1 AN ACT to amend the Senior Citizens and Disabled Persons
2 Property Tax Relief and Pharmaceutical Assistance Act.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Senior Citizens and Disabled Persons
6 Property Tax Relief and Pharmaceutical Assistance Act is
7 amended by changing Section 4 as follows:
8 (320 ILCS 25/4) (from Ch. 67 1/2, par. 404)
9 (Text of Section before amendment by P.A. 89-507)
10 Sec. 4. Amount of Grant.
11 (a) In general. Any individual 65 years or older or any
12 individual who will become 65 years old during the calendar
13 year in which a claim is filed, and any surviving spouse of
14 such a claimant, who at the time of death received or was
15 entitled to receive a grant pursuant to this Section, which
16 surviving spouse will become 65 years of age within the 24
17 months immediately following the death of such claimant and
18 which surviving spouse but for his or her age is otherwise
19 qualified to receive a grant pursuant to this Section, and
20 any disabled person whose annual household income is less
21 than $14,000 and whose household is liable for payment of
22 property taxes accrued or has paid rent constituting property
23 taxes accrued and is domiciled in this State at the time he
24 files his claim is entitled to claim a grant under this Act.
25 With respect to claims filed by individuals who will become
26 65 years old during the calendar year in which a claim is
27 filed, the amount of any grant to which that household is
28 entitled shall be an amount equal to 1/12 of the amount to
29 which the claimant would otherwise be entitled as provided in
30 this Section, multiplied by the number of months in which the
31 claimant was 65 in the calendar year in which the claim is
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1 filed.
2 (b) Limitation. Except as otherwise provided in
3 subsections (a) and (f) of this Section, the maximum amount
4 of grant which a claimant is entitled to claim is the amount
5 by which the property taxes accrued which were paid or
6 payable during the last preceding tax year or rent
7 constituting property taxes accrued upon the claimant's
8 residence for the last preceding taxable year exceeds 3 1/2%
9 of the claimant's household income for that year but in no
10 event is the grant to exceed $700 less 4.5% of household
11 income for that year.
12 (c) Public aid recipients. If household income in one
13 or more months during a year includes cash assistance in
14 excess of $55 per month from the Department of Public Aid
15 which was determined under regulations of that Department on
16 a measure of need that included an allowance for actual rent
17 or property taxes paid by the recipient of that assistance,
18 the amount of grant to which that household is entitled,
19 except as otherwise provided in subsection (a), shall be the
20 product of (1) the maximum amount computed as specified in
21 subsection (b) of this Section and (2) the ratio of the
22 number of months in which household income did not include
23 such cash assistance over $55 to the number twelve. If
24 household income did not include such cash assistance over
25 $55 for any months during the year, the amount of the grant
26 to which the household is entitled shall be the maximum
27 amount computed as specified in subsection (b) of this
28 Section. For purposes of this paragraph (c), "cash
29 assistance" does not include any amount received under the
30 federal Supplemental Security Income (SSI) program.
31 (d) Joint ownership. If title to the residence is held
32 jointly by the claimant with a person who is not a member of
33 his household, the amount of property taxes accrued used in
34 computing the amount of grant to which he is entitled shall
SB909 Engrossed -3- SRS90SB0036PDbm
1 be the same percentage of property taxes accrued as is the
2 percentage of ownership held by the claimant in the
3 residence.
4 (e) More than one residence. If a claimant has occupied
5 more than one residence in the taxable year, he may claim
6 only one residence for any part of a month. In the case of
7 property taxes accrued, he shall pro rate 1/12 of the total
8 property taxes accrued on his residence to each month that he
9 owned and occupied that residence; and, in the case of rent
10 constituting property taxes accrued, shall pro rate each
11 month's rent payments to the residence actually occupied
12 during that month.
13 (f) There is hereby established a program of
14 pharmaceutical assistance to the aged and disabled which
15 shall be administered by the Department in accordance with
16 this Act, to consist of payments to authorized pharmacies, on
17 behalf of beneficiaries of the program, for the reasonable
18 costs of covered prescription drugs. Each beneficiary who
19 pays $40 for an identification card shall pay the first $15
20 of prescription costs each month. Each beneficiary who pays
21 $80 for an identification card shall pay the first $25 of
22 prescription costs each month. In addition, after a
23 beneficiary receives $800 in benefits during a State fiscal
24 year, that beneficiary shall also be charged 20% of the cost
25 of each prescription for which payments are made by the
26 program during the remainder of the fiscal year. To become a
27 beneficiary under this program a person must be: (1) (i) 65
28 years or older, or (ii) the surviving spouse of such a
29 claimant, who at the time of death received or was entitled
30 to receive benefits pursuant to this subsection, which
31 surviving spouse will become 65 years of age within the 24
32 months immediately following the death of such claimant and
33 which surviving spouse but for his or her age is otherwise
34 qualified to receive benefits pursuant to this subsection, or
SB909 Engrossed -4- SRS90SB0036PDbm
1 (iii) disabled, and (2) is domiciled in this State at the
2 time he files his or her claim, and (3) has a maximum
3 household income of less than $14,000. In addition, each
4 eligible person must (1) obtain an identification card from
5 the Department, (2) at the time the card is obtained, sign a
6 statement assigning to the State of Illinois benefits which
7 may be otherwise claimed under any private insurance plans,
8 (3) present the identification card to the dispensing
9 pharmacist.
10 Any person otherwise eligible for pharmaceutical
11 assistance under this Act whose covered drugs are covered by
12 any public program for assistance in purchasing any covered
13 prescription drugs shall be ineligible for assistance under
14 this Act to the extent such costs are covered by such other
15 plan.
16 The fee to be charged by the Department for the
17 identification card shall be equal to $40 for persons below
18 the official poverty line as defined by the United States
19 Department of Health and Human Services and $80 for all other
20 persons.
21 In the event that 2 or more persons are eligible for any
22 benefit under this Act, and are members of the same
23 household, (1) each such person shall be entitled to
24 participate in the pharmaceutical assistance program,
25 provided that he or she meets all other requirements imposed
26 by this subsection and (2) each participating household
27 member contributes the fee required for that person by the
28 preceding paragraph for the purpose of obtaining an
29 identification card. Persons eligible for any benefit under
30 this Act due to become 65 in calendar year 1984 or any
31 subsequent calendar year in which a claim is filed are
32 excluded from the benefit prescribed in this subsection (g)
33 for the calendar year in which they become 65.
34 (Source: P.A. 87-14; 87-860; 87-868; 88-45.)
SB909 Engrossed -5- SRS90SB0036PDbm
1 (Text of Section after amendment by P.A. 89-507)
2 Sec. 4. Amount of Grant.
3 (a) In general. Any individual 65 years or older or any
4 individual who will become 65 years old during the calendar
5 year in which a claim is filed, and any surviving spouse of
6 such a claimant, who at the time of death received or was
7 entitled to receive a grant pursuant to this Section, which
8 surviving spouse will become 65 years of age within the 24
9 months immediately following the death of such claimant and
10 which surviving spouse but for his or her age is otherwise
11 qualified to receive a grant pursuant to this Section, and
12 any disabled person whose annual household income is less
13 than $14,000 for grant years before the 1997 grant year and
14 $16,000 for the 1997 grant year and thereafter and whose
15 household is liable for payment of property taxes accrued or
16 has paid rent constituting property taxes accrued and is
17 domiciled in this State at the time he files his claim is
18 entitled to claim a grant under this Act. With respect to
19 claims filed by individuals who will become 65 years old
20 during the calendar year in which a claim is filed, the
21 amount of any grant to which that household is entitled shall
22 be an amount equal to 1/12 of the amount to which the
23 claimant would otherwise be entitled as provided in this
24 Section, multiplied by the number of months in which the
25 claimant was 65 in the calendar year in which the claim is
26 filed.
27 (b) Limitation. Except as otherwise provided in
28 subsections (a) and (f) of this Section, the maximum amount
29 of grant which a claimant is entitled to claim is the amount
30 by which the property taxes accrued which were paid or
31 payable during the last preceding tax year or rent
32 constituting property taxes accrued upon the claimant's
33 residence for the last preceding taxable year exceeds 3 1/2%
34 of the claimant's household income for that year but in no
SB909 Engrossed -6- SRS90SB0036PDbm
1 event is the grant to exceed (i) $700 less 4.5% of household
2 income for that year for those with a household income of
3 $14,000 or less or (ii) $70 if household income for that year
4 is more than $14,000 but less than or equal to $24,000.
5 (c) Public aid recipients. If household income in one
6 or more months during a year includes cash assistance in
7 excess of $55 per month from the Department of Public Aid or
8 the Department of Human Services (acting as successor to the
9 Department of Public Aid under the Department of Human
10 Services Act) which was determined under regulations of that
11 Department on a measure of need that included an allowance
12 for actual rent or property taxes paid by the recipient of
13 that assistance, the amount of grant to which that household
14 is entitled, except as otherwise provided in subsection (a),
15 shall be the product of (1) the maximum amount computed as
16 specified in subsection (b) of this Section and (2) the ratio
17 of the number of months in which household income did not
18 include such cash assistance over $55 to the number twelve.
19 If household income did not include such cash assistance over
20 $55 for any months during the year, the amount of the grant
21 to which the household is entitled shall be the maximum
22 amount computed as specified in subsection (b) of this
23 Section. For purposes of this paragraph (c), "cash
24 assistance" does not include any amount received under the
25 federal Supplemental Security Income (SSI) program.
26 (d) Joint ownership. If title to the residence is held
27 jointly by the claimant with a person who is not a member of
28 his household, the amount of property taxes accrued used in
29 computing the amount of grant to which he is entitled shall
30 be the same percentage of property taxes accrued as is the
31 percentage of ownership held by the claimant in the
32 residence.
33 (e) More than one residence. If a claimant has occupied
34 more than one residence in the taxable year, he may claim
SB909 Engrossed -7- SRS90SB0036PDbm
1 only one residence for any part of a month. In the case of
2 property taxes accrued, he shall pro rate 1/12 of the total
3 property taxes accrued on his residence to each month that he
4 owned and occupied that residence; and, in the case of rent
5 constituting property taxes accrued, shall pro rate each
6 month's rent payments to the residence actually occupied
7 during that month.
8 (f) There is hereby established a program of
9 pharmaceutical assistance to the aged and disabled which
10 shall be administered by the Department in accordance with
11 this Act, to consist of payments to authorized pharmacies, on
12 behalf of beneficiaries of the program, for the reasonable
13 costs of covered prescription drugs. Each beneficiary who
14 pays $40 for an identification card shall pay the first $15
15 of prescription costs each month. Each beneficiary who pays
16 $80 for an identification card shall pay the first $25 of
17 prescription costs each month. In addition, after a
18 beneficiary receives $800 in benefits during a State fiscal
19 year, that beneficiary shall also be charged 20% of the cost
20 of each prescription for which payments are made by the
21 program during the remainder of the fiscal year. To become a
22 beneficiary under this program a person must be: (1) (i) 65
23 years or older, or (ii) the surviving spouse of such a
24 claimant, who at the time of death received or was entitled
25 to receive benefits pursuant to this subsection, which
26 surviving spouse will become 65 years of age within the 24
27 months immediately following the death of such claimant and
28 which surviving spouse but for his or her age is otherwise
29 qualified to receive benefits pursuant to this subsection, or
30 (iii) disabled, and (2) is domiciled in this State at the
31 time he files his or her claim, and (3) has a maximum
32 household income of less than $14,000. In addition, each
33 eligible person must (1) obtain an identification card from
34 the Department, (2) at the time the card is obtained, sign a
SB909 Engrossed -8- SRS90SB0036PDbm
1 statement assigning to the State of Illinois benefits which
2 may be otherwise claimed under any private insurance plans,
3 (3) present the identification card to the dispensing
4 pharmacist.
5 Any person otherwise eligible for pharmaceutical
6 assistance under this Act whose covered drugs are covered by
7 any public program for assistance in purchasing any covered
8 prescription drugs shall be ineligible for assistance under
9 this Act to the extent such costs are covered by such other
10 plan.
11 The fee to be charged by the Department for the
12 identification card shall be equal to $40 for persons below
13 the official poverty line as defined by the United States
14 Department of Health and Human Services and $80 for all other
15 persons.
16 In the event that 2 or more persons are eligible for any
17 benefit under this Act, and are members of the same
18 household, (1) each such person shall be entitled to
19 participate in the pharmaceutical assistance program,
20 provided that he or she meets all other requirements imposed
21 by this subsection and (2) each participating household
22 member contributes the fee required for that person by the
23 preceding paragraph for the purpose of obtaining an
24 identification card. Persons eligible for any benefit under
25 this Act due to become 65 in calendar year 1984 or any
26 subsequent calendar year in which a claim is filed are
27 excluded from the benefit prescribed in this subsection (g)
28 for the calendar year in which they become 65.
29 (Source: P.A. 88-45; 89-507, eff. 7-1-97.)
30 Section 99. This Act shall take effect upon becoming
31 law.