(40 ILCS 5/8-244)
(from Ch. 108 1/2, par. 8-244)
Annuities, etc., exempt.
(a) All annuities, refunds,
pensions, and disability benefits granted under this Article, shall be
exempt from attachment or garnishment process and shall not be seized,
taken, subjected to, detained, or levied upon by virtue of any judgment, or
any process or proceeding whatsoever issued out of or by any court in this
State, for the payment and satisfaction in whole or in part of any debt,
damage, claim, demand, or judgment against any annuitant, pensioner,
participant, refund applicant, or other beneficiary hereunder.
(b) No annuitant, pensioner, refund applicant, or other beneficiary
shall have any right to transfer or assign his annuity, refund, or disability
benefit or any part thereof by way of mortgage or otherwise, except that:
(1) an annuitant or pensioner who elects or has
of any annuitant, pensioner, refund applicant, or disability beneficiary, such an amount out of her husband's annuity pension, refund, or disability benefit as any court of competent jurisdiction may order, or such an amount as the board may consider necessary for the support of his wife or children, or both in the event of his disappearance or unexplained absence or of his failure to support such wife or children.
(c) The board may retain out of any future annuity, pension, refund or
disability benefit payments, such amount, or amounts, as it may require for
the repayment of any moneys paid to any annuitant, pensioner, refund
applicant, or disability beneficiary through misrepresentation, fraud or
error. Any such action of the board shall relieve and release the board and
the fund from any liability for any moneys so withheld.
(d) Whenever an annuity or disability benefit is payable to a minor or
to a person certified by a medical doctor to be under legal
disability, the board, in its discretion and when it is in the best
interest of the person concerned, may waive guardianship proceedings and pay
the annuity or benefit to the person providing or caring for the minor or
person under legal disability.
In the event that a person certified by a medical doctor to be under legal
disability (i) has no spouse, blood relative, or other person providing or
caring for him or her, (ii) has no guardian of his or her estate, and (iii) is
confined to a Medicare approved, State certified nursing home or to a publicly
owned and operated nursing home, hospital, or mental institution, the Board
may pay any benefit due that person to the nursing home, hospital, or mental
institution, to be used for the sole benefit of the person under legal
Payment in accordance with this subsection to a person, nursing
home, hospital, or mental institution for the benefit of a minor or person
under legal disability shall be an absolute discharge of the Fund's liability
with respect to the amount so paid. Any person, nursing home, hospital, or
mental institution accepting payment under this subsection shall notify the
Fund of the death or any other relevant change in the status of the minor or
person under legal disability.
(Source: P.A. 91-887, eff. 7-6-00.)