(215 ILCS 5/299.1a) (from Ch. 73, par. 911.1a)
(Section scheduled to be repealed on January 1, 2027)
Sec. 299.1a. Benefits not attachable.
(a) No money or other charity, relief
or aid to be paid, provided or rendered by any society shall be liable to
attachment, garnishment or other process or to be seized, taken,
appropriated or applied by any legal or equitable process or operation of
law to pay any debt or liability of a member or beneficiary, or any other
person who may have a right thereunder, either before or after payment by the
society.
(b) Any benefit association doing
business in
this State and governed by this Article XVII shall encumber or surrender
accounts as defined in Section 10-24 of the Illinois Public Aid Code
held by the benefit
association owned by any responsible relative who is subject to a child
support lien,
upon notice of the lien or levy by the Department of Healthcare and Family Services (formerly Illinois Department of Public Aid)
or its successor agency pursuant to Section 10-25.5 of the Illinois Public Aid
Code, or upon notice of interstate lien from any other state's agency
responsible for implementing the child support enforcement program set forth in
Title IV, Part D of the Social Security Act.
This Section shall not prohibit the furnishing of information in
accordance
with the federal
Personal Responsibility and Work Opportunity Reconciliation Act of 1996.
Any benefit association governed by this Article XVII shall enter into an
agreement for data
exchanges with the Department of Healthcare and Family Services
provided the Department of Healthcare and Family Services pays to the benefit association a reasonable fee not to exceed its
actual cost incurred. A benefit association providing
information in accordance with this item shall not be liable to any account
holder or other person for any disclosure of information to a State agency, for
encumbering or surrendering any accounts as defined in Section 10-24 of the
Illinois Public Aid Code held by the benefit association
in response to a lien
or order to withhold and deliver issued by a State agency, or for any other
action taken pursuant to this item, including individual or mechanical errors,
provided the action does not constitute gross negligence or willful misconduct.
A benefit association shall have no obligation to hold, encumber, or
surrender accounts until
it has been served with a subpoena, summons, warrant, court or administrative
order, lien, or levy requiring that action.
(Source: P.A. 95-331, eff. 8-21-07.)
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