100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB2970

 

Introduced , by Rep. Michael J. Zalewski

 

SYNOPSIS AS INTRODUCED:
 
40 ILCS 5/9-228  from Ch. 108 1/2, par. 9-228

    Amends the Cook County Article of the Illinois Pension Code. Provides that if 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 disability. Provides that the payment 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. Requires any person, nursing home, hospital, or mental institution accepting that payment to notify the Fund of the death or any other relevant change in the status of the minor or person under legal disability. Effective immediately.


LRB100 10532 RPS 20748 b

PENSION IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2970LRB100 10532 RPS 20748 b

1    AN ACT concerning public employee benefits.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Pension Code is amended by changing
5Section 9-228 as follows:
 
6    (40 ILCS 5/9-228)  (from Ch. 108 1/2, par. 9-228)
7    Sec. 9-228. Attachment; withholding.
8    (a) The annuities, pensions, refunds, and disability
9benefits granted under this Article shall be exempt from
10attachment or garnishment process and shall not be seized,
11taken, subjected to, detained, or levied upon by virtue of any
12judgment, or any process or proceeding whatsoever issued out of
13or by any court in this State, for the payment and satisfaction
14in whole or in part of any debt, damage, claim, demand, or
15judgment against any annuitant, pensioner, person entitled to a
16refund, or other beneficiary hereunder.
17    (b) No annuitant, pensioner, person entitled to a refund,
18or other beneficiary shall have any right to transfer or assign
19his annuity or disability benefit or any part thereof by way of
20mortgage or otherwise except that an annuitant or a widow
21annuitant who elects to participate in any group
22hospitalization plan or group medical surgical plan shall have
23the right to authorize the Board to deduct the cost to him of

 

 

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1such plan from the annuity check and to pay such deducted
2amount to the group insurance carrier, provided, however, that
3the Board in its discretion may terminate such right; provided,
4that the board in its discretion may pay to the wife of any
5annuitant, pensioner, refund applicant, or disability
6beneficiary such an amount out of her husband's annuity,
7pension, refund, or disability benefit as any court may order,
8or such an amount as the board may consider necessary for the
9support of his wife or children or both in the event of his
10disappearance or unexplained absence or his failure to support
11such wife or children.
12    (c) The board may retain out of any future annuity,
13pension, refund or disability benefit payments, such amount, or
14amounts, as it may require for the repayment of any moneys paid
15to any annuitant, pensioner, refund applicant, or disability
16beneficiary through misrepresentation, fraud or error. Any
17such action of the board shall relieve and release the board
18and the fund from any liability for any moneys so withheld.
19    (d) Whenever an annuity, pension, refund, or disability
20benefit is payable to a minor or to a person adjudged to be
21under legal disability, the board, in its discretion and when
22to the best interest of the person concerned, may waive
23guardianship proceedings and pay the annuity, pension, refund
24or benefit to the person providing or caring for the minor and
25to the wife, parent or blood relative providing or caring for
26the person.

 

 

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1    In the event that a person certified by a medical doctor to
2be under legal disability (i) has no spouse, blood relative, or
3other person providing or caring for him or her, (ii) has no
4guardian of his or her estate, and (iii) is confined to a
5Medicare approved, State certified nursing home or to a
6publicly owned and operated nursing home, hospital, or mental
7institution, the Board may pay any benefit due that person to
8the nursing home, hospital, or mental institution, to be used
9for the sole benefit of the person under legal disability.
10    Payment in accordance with this subsection to a person,
11nursing home, hospital, or mental institution for the benefit
12of a minor or person under legal disability shall be an
13absolute discharge of the Fund's liability with respect to the
14amount so paid. Any person, nursing home, hospital, or mental
15institution accepting payment under this subsection shall
16notify the Fund of the death or any other relevant change in
17the status of the minor or person under legal disability.
18    (e) An annuitant may authorize the withholding of a portion
19of his annuity for payment of dues to any labor organization
20designated by the annuitant; however, no portion of annuities
21may be withheld pursuant to this subsection for payment to any
22one labor organization unless a minimum of 100 annuitants
23authorize such withholding, except that the Board may allow
24such withholding for less than 100 annuitants during a
25probationary period of between 3 and 6 months, as determined by
26the Board. The Board shall prescribe a form for the

 

 

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1authorization of such withholding, and shall provide such forms
2to employees, annuitants and labor organizations upon request.
3Amounts withheld by the Board under this subsection shall be
4promptly paid over to the designated organizations.
5    Any such labor organization shall have access to the Fund's
6mailing list of annuitants, upon such terms as the Board may
7approve. The expenses of any mailing conducted by the labor
8organization shall be borne by the labor organization.
9(Source: P.A. 87-793.)
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.