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Public Act 094-0305
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| SB1751 Enrolled |
LRB094 10619 LCB 40955 b |
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AN ACT concerning civil liabilities.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Wage Assignment Act is amended by |
changing Section 4 as follows:
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(740 ILCS 170/4) (from Ch. 48, par. 39.4)
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Sec. 4. The maximum wages, salary, commissions, and bonuses |
that may be
collected by an assignee for any work week shall |
not exceed the lesser of (1)
15% of such gross amount paid for |
that week or (2) the amount by which
disposable earnings for a |
week exceed 45 times the Federal Minimum Hourly Wage
prescribed |
by Section 206(a)(1) of Title 29, U.S.C., as amended, or the |
minimum hourly wage prescribed by Section 4 of the Minimum Wage |
Law, whichever is greater, in effect at
the time the amounts |
are payable. This provision (and no other) applies
irrespective |
of the place where the compensation was earned or payable and |
the
State where the employee resides. No amounts required by |
law to be withheld
may be taken from the amount collected by |
the creditor. The term "disposable
earnings" means that part of |
the earnings of any individual remaining after the
deduction |
from those earnings of any amounts required by law to be |
withheld.
If there is more than one assignment demand received |
by the employer, the
assignees shall collect in the order or |
priority of service of the demand upon
the employer, but the |
total of all collections shall not exceed the amount that
could |
have been collected if there had been one assignment demand.
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Benefits and refunds payable by pension or retirement funds |
or systems, any
assets of employees held by those funds or |
systems, and any moneys an employee
is required to contribute |
to those funds or systems are exempt and are not
subject to a |
wage assignment under this Act.
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A fee of $12 for each wage assignment shall be collected by |
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