Illinois General Assembly - Full Text of Public Act 094-0305
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Public Act 094-0305




Public Act 094-0305
SB1751 Enrolled LRB094 10619 LCB 40955 b

    AN ACT concerning civil liabilities.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Illinois Wage Assignment Act is amended by
changing Section 4 as follows:
    (740 ILCS 170/4)  (from Ch. 48, par. 39.4)
    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.
    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.
    A fee of $12 for each wage assignment shall be collected by
and paid to the employer and the amount so paid shall be
credited against the amount of the wage-earner's outstanding
(Source: P.A. 88-395.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/21/2005