(40 ILCS 5/7-217)
(from Ch. 108 1/2, par. 7-217)
Payment of benefits and assignments.
(a) Except as otherwise provided in this Section, all moneys in the
Fund created by this Article, and all securities
and other property of the Fund, and all annuities and other benefits
payable under this Article, and all accumulated contributions and other
credits of employees in this Fund, and the right of any person to receive
an annuity or other benefit under this Article, or a refund or return of
contributions, shall not be subject to judgment, execution, garnishment,
attachment, or other seizure by process, in bankruptcy or otherwise, nor to
sale, pledge, mortgage or other alienation, and shall not be assignable.
Notwithstanding Section 1-103.1, the changes in this Section made by this
amendatory Act of 1991 shall not be limited to persons in service on or
after its effective date. All annuities and other benefits payable under
this Fund and all accumulated credits of employees in the Fund shall be
exempt from state and
(b) The board, in its discretion, may:
1. Pay to the wife of any annuitant or employee such
portion, or all, of any retirement annuity, disability benefit, or separation benefit payable to an annuitant or employee, in the event of the disappearance or unexplained absence, or the failure to support such wife or children, as the board may consider necessary for the support of the wife or children of the annuitant or employee.
2. Where a temporary or total and permanent
disability benefit becomes payable and the amount may be reduced by application of Section 7-148(b) or Section 7-152(b), postpone making the reduction, if there is a delay in the determination whether a disability benefit is payable under the Federal Social Security Act, until the determination has been made. The Board may retain out of any annuity or benefit to the participating employee or to any person taking through him the amount of any payment which is not reduced by reason of this paragraph.
3. Pay amounts payable to a minor or person under
legal disability to a representative payee assuming responsibility for such minor or person under legal disability, waiving guardianship.
(c) The board may retain out of any annuity or benefit payable to
any person such amount or amounts as the board may determine are owing
to the fund because required employee contributions were not made, in
whole or in part, or employee obligations to return refunds were not
made, or because money was paid to any annuitant or employee through
misrepresentation, fraud or error.
(d) The board and the fund shall be held free from any liability for
any money retained or paid in accordance with this section and the
employee shall be assumed to have assented and agreed to any such
disposition of money due.
(e) An annuitant entitled to receive an annuity may, for personal
reasons and without disclosure thereof, request the board in writing to
suspend for any period payment of all or any part of such annuity
otherwise payable hereunder. The board, on receipt of such request,
shall authorize such suspension, in which event the annuitant shall be
deemed to have forfeited all rights to the amount of annuity so
suspended, but shall retain the right to have full annuity otherwise
payable reinstated as to future monthly payments upon written notice to
the board of his desire to revoke his prior request for a suspension
under this paragraph.
(f) The board may reimburse any municipality or participating
instrumentality for employee contributions due such municipality or
participating instrumentality, from funds withheld by the board pursuant
to this Section.
(g) An annuitant may authorize the withholding of a portion of his
annuity for payment of dues to any labor organization designated by the
annuitant; however, no portion of annuities may be withheld pursuant to
this subsection for payment to any one labor organization unless a minimum
of 100 annuitants authorize such withholding,
except that the Board may allow such withholding
for less than 100 annuitants during a probationary period of between 3 and
6 months, as determined by the Board. The Board shall prescribe a form for
the authorization of such withholding, and shall provide such forms to
employees, annuitants and labor organizations upon request. Amounts
withheld by the Board under this subsection shall be promptly paid over to
the designated organizations.
(Source: P.A. 87-740.)