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91_SB0410
LRB9102118EGfg
1 AN ACT to amend the Illinois Pension Code by adding
2 Sections 18-161.1 and 18-161.2.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Pension Code is amended by
6 adding Sections 18-161.1 and 18-161.2 as follows:
7 (40 ILCS 5/18-161.1 new)
8 Sec. 18-161.1. Persons under legal disability. If a
9 person is under legal disability when any right or privilege
10 accrues to him or her under this Article, a guardian may be
11 appointed pursuant to law and may, on behalf of that person,
12 claim and exercise any such right or privilege with the same
13 force and effect as if the person had not been under a legal
14 disability and had claimed or exercised that right or
15 privilege.
16 If a person's application for benefits or a physician's
17 certificate on file with the Board shows that the person is
18 under a legal disability, and no guardian has been appointed
19 for his or her estate, the benefits payable under this
20 Article may be paid (1) directly to the person under legal
21 disability, (2) to either parent of the person under legal
22 disability or any adult person with whom the person under
23 legal disability may at the time be living, if that parent or
24 adult person has advised the Board in writing that the
25 benefits will be held or used for the benefit of the person
26 under legal disability, or (3) to the trustee of any trust
27 created for the sole benefit of the person under legal
28 disability while that person is living, if the trustee of
29 that trust has advised the Board in writing that the benefits
30 will be held or used for the benefit of the person under
31 legal disability. The System shall not be required to
-2- LRB9102118EGfg
1 determine the validity of the trust or any of the terms
2 thereof. The representation of the trustee that the trust
3 meets the requirements of this Section shall be conclusive as
4 to the System. The written receipt of the person under legal
5 disability or the other person who receives payment under
6 this Section shall be an absolute discharge of the System's
7 liability with respect to the amount so paid.
8 (40 ILCS 5/18-161.2 new)
9 Sec. 18-161.2. Payment of benefits to minors. If any
10 benefits under this Article become payable to a minor, the
11 Board may make payment (1) directly to the minor, (2) to any
12 person who has legally qualified and is acting as guardian of
13 the minor's person or property in any jurisdiction, (3) to
14 either parent of the minor or to any adult person with whom
15 the minor may at the time be living, if that parent or other
16 person has advised the Board in writing that the benefits
17 will be held or used for the benefit of the minor, or (4) to
18 the trustee of any trust created for the sole benefit of the
19 minor while that minor is living, if the trustee of that
20 trust has advised the Board in writing that the benefits will
21 be held or used for the benefit of the minor. The System
22 shall not be required to determine the validity of the trust
23 or any of the terms thereof. The representation of the
24 trustee that the trust meets the requirements of this Section
25 shall be conclusive as to the System. The written receipt of
26 the minor or other person who receives payment under this
27 Section shall be an absolute discharge of the System's
28 liability with respect to the amount so paid.
29 Section 99. Effective date. This Act takes effect upon
30 becoming law.