State of Illinois
90th General Assembly
Legislation

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90_SB1324

      320 ILCS 25/4             from Ch. 67 1/2, par. 404
          Amends the Senior Citizens and Disabled Persons  Property
      Tax  Relief and Pharmaceutical Assistance Act to increase the
      income limitation, beginning with the 1998 grant  year,  from
      $14,000  to  $16,000.   Provides  that  the maximum grant for
      claimants with an income of more than $14,000 but  less  than
      $16,000 is $70.  Effective immediately.
                                                     LRB9010525KDpk
                                               LRB9010525KDpk
 1        AN  ACT  to amend the Senior Citizen and Disabled Persons
 2    Property Tax Relief  and  Pharmaceutical  Assistance  Act  by
 3    changing Section 4.
 4        Be  it  enacted  by  the People of the State of Illinois,
 5    represented in the General Assembly:
 6        Section 5.  The  Senior  Citizens  and  Disabled  Persons
 7    Property  Tax  Relief  and  Pharmaceutical  Assistance Act is
 8    amended by changing Section 4 as follows:
 9        (320 ILCS 25/4) (from Ch. 67 1/2, par. 404)
10        Sec. 4.  Amount of Grant.
11        (a)  In general. Any individual 65 years or older or  any
12    individual  who  will become 65 years old during the calendar
13    year in which a claim is filed, and any surviving  spouse  of
14    such  a  claimant,  who  at the time of death received or was
15    entitled to receive a grant pursuant to this  Section,  which
16    surviving  spouse  will  become 65 years of age within the 24
17    months immediately following the death of such  claimant  and
18    which  surviving  spouse  but for his or her age is otherwise
19    qualified to receive a grant pursuant to  this  Section,  and
20    any  disabled  person  whose  annual household income is less
21    than $14,000 for grant years before the 1998 grant  year  and
22    $16,000  for  the  1998  grant  year and thereafter and whose
23    household is liable for payment of property taxes accrued  or
24    has  paid  rent  constituting  property  taxes accrued and is
25    domiciled in this State at the time he  files  his  claim  is
26    entitled  to  claim  a  grant under this Act. With respect to
27    claims filed by individuals who  will  become  65  years  old
28    during  the  calendar  year  in  which  a claim is filed, the
29    amount of any grant to which that household is entitled shall
30    be an amount equal  to  1/12  of  the  amount  to  which  the
31    claimant  would  otherwise  be  entitled  as provided in this
                            -2-                LRB9010525KDpk
 1    Section, multiplied by the number  of  months  in  which  the
 2    claimant  was  65  in the calendar year in which the claim is
 3    filed.
 4        (b)  Limitation.   Except  as   otherwise   provided   in
 5    subsections  (a)  and (f) of this Section, the maximum amount
 6    of grant which a claimant is entitled to claim is the  amount
 7    by  which  the  property  taxes  accrued  which  were paid or
 8    payable  during  the  last  preceding  tax   year   or   rent
 9    constituting  property  taxes  accrued  upon  the  claimant's
10    residence  for the last preceding taxable year exceeds 3 1/2%
11    of the claimant's household income for that year  but  in  no
12    event  is the grant to exceed (i) $700 less 4.5% of household
13    income for that year for those with  a  household  income  of
14    $14,000 or less or (ii) $70 if household income for that year
15    is more than $14,000 but less than $16,000.
16        (c)  Public  aid  recipients.  If household income in one
17    or more months during a  year  includes  cash  assistance  in
18    excess  of $55 per month from the Department of Public Aid or
19    the Department of Human Services (acting as successor to  the
20    Department  of  Public  Aid  under  the  Department  of Human
21    Services Act)  which was determined under regulations of that
22    Department on a measure of need that  included  an  allowance
23    for  actual  rent  or property taxes paid by the recipient of
24    that assistance, the amount of grant to which that  household
25    is  entitled, except as otherwise provided in subsection (a),
26    shall be the product of (1) the maximum  amount  computed  as
27    specified in subsection (b) of this Section and (2) the ratio
28    of  the  number  of  months in which household income did not
29    include such cash assistance over $55 to the  number  twelve.
30    If household income did not include such cash assistance over
31    $55  for  any months during the year, the amount of the grant
32    to which the household  is  entitled  shall  be  the  maximum
33    amount  computed  as  specified  in  subsection  (b)  of this
34    Section.   For  purposes  of  this   paragraph   (c),   "cash
                            -3-                LRB9010525KDpk
 1    assistance"  does  not  include any amount received under the
 2    federal Supplemental Security Income (SSI) program.
 3        (d)  Joint ownership.  If title to the residence is  held
 4    jointly  by the claimant with a person who is not a member of
 5    his household, the amount of property taxes accrued  used  in
 6    computing  the  amount of grant to which he is entitled shall
 7    be the same percentage of property taxes accrued  as  is  the
 8    percentage   of   ownership  held  by  the  claimant  in  the
 9    residence.
10        (e)  More than one residence.  If a claimant has occupied
11    more than one residence in the taxable  year,  he  may  claim
12    only  one  residence for any part of a month.  In the case of
13    property taxes accrued, he shall pro rate 1/12 of  the  total
14    property taxes accrued on his residence to each month that he
15    owned  and  occupied that residence; and, in the case of rent
16    constituting property taxes  accrued,  shall  pro  rate  each
17    month's  rent  payments  to  the  residence actually occupied
18    during that month.
19        (f)  There   is   hereby   established   a   program   of
20    pharmaceutical assistance to  the  aged  and  disabled  which
21    shall  be  administered  by the Department in accordance with
22    this Act, to consist of payments to authorized pharmacies, on
23    behalf of beneficiaries of the program,  for  the  reasonable
24    costs  of  covered  prescription drugs.  Each beneficiary who
25    pays $40 for an identification card shall pay the  first  $15
26    of  prescription costs each month.  Each beneficiary who pays
27    $80 for an identification card shall pay  the  first  $25  of
28    prescription   costs   each  month.   In  addition,  after  a
29    beneficiary receives $800 in benefits during a  State  fiscal
30    year,  that beneficiary shall also be charged 20% of the cost
31    of each prescription for  which  payments  are  made  by  the
32    program during the remainder of the fiscal year.  To become a
33    beneficiary  under  this program a person must be: (1) (i) 65
34    years or older, or  (ii)  the  surviving  spouse  of  such  a
                            -4-                LRB9010525KDpk
 1    claimant,  who  at the time of death received or was entitled
 2    to  receive  benefits  pursuant  to  this  subsection,  which
 3    surviving spouse will become 65 years of age  within  the  24
 4    months  immediately  following the death of such claimant and
 5    which surviving spouse but for his or her  age  is  otherwise
 6    qualified to receive benefits pursuant to this subsection, or
 7    (iii)  disabled,  and  (2)  is domiciled in this State at the
 8    time he files his  or  her  claim,  and  (3)  has  a  maximum
 9    household  income of less than $14,000 for grant years before
10    the 1998 grant year and $16,000 for the 1998 grant  year  and
11    thereafter. In addition, each eligible person must (1) obtain
12    an  identification  card from the Department, (2) at the time
13    the card is obtained, sign a statement assigning to the State
14    of Illinois benefits which may be otherwise claimed under any
15    private insurance plans, (3) present the identification  card
16    to the dispensing pharmacist.
17        Any   person   otherwise   eligible   for  pharmaceutical
18    assistance under this Act whose covered drugs are covered  by
19    any  public  program for assistance in purchasing any covered
20    prescription drugs shall be ineligible for  assistance  under
21    this  Act  to the extent such costs are covered by such other
22    plan.
23        The  fee  to  be  charged  by  the  Department  for   the
24    identification  card  shall be equal to $40 for persons below
25    the official poverty line as defined  by  the  United  States
26    Department of Health and Human Services and $80 for all other
27    persons.
28        In  the event that 2 or more persons are eligible for any
29    benefit  under  this  Act,  and  are  members  of  the   same
30    household,   (1)  each  such  person  shall  be  entitled  to
31    participate  in  the   pharmaceutical   assistance   program,
32    provided  that he or she meets all other requirements imposed
33    by this  subsection  and  (2)  each  participating  household
34    member  contributes  the  fee required for that person by the
                            -5-                LRB9010525KDpk
 1    preceding  paragraph  for  the  purpose   of   obtaining   an
 2    identification  card.  Persons eligible for any benefit under
 3    this Act due to become  65  in  calendar  year  1984  or  any
 4    subsequent  calendar  year  in  which  a  claim  is filed are
 5    excluded from the benefit prescribed in this  subsection  (g)
 6    for the calendar year in which they become 65.
 7    (Source: P.A. 88-45; 89-507, eff. 7-1-97.)
 8        Section  99.  Effective date.  This Act takes effect upon
 9    becoming law.

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