Public Act 100-0794
 
SB2578 EnrolledLRB100 18395 MJP 33606 b

    AN ACT concerning public employee benefits.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Pension Code is amended by changing
Section 9-228 as follows:
 
    (40 ILCS 5/9-228)  (from Ch. 108 1/2, par. 9-228)
    Sec. 9-228. Attachment; withholding.
    (a) The annuities, pensions, refunds, 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, person entitled to a
refund, or other beneficiary hereunder.
    (b) No annuitant, pensioner, person entitled to a refund,
or other beneficiary shall have any right to transfer or assign
his annuity or disability benefit or any part thereof by way of
mortgage or otherwise except that an annuitant or a widow
annuitant who elects to participate in any group
hospitalization plan or group medical surgical plan shall have
the right to authorize the Board to deduct the cost to him of
such plan from the annuity check and to pay such deducted
amount to the group insurance carrier, provided, however, that
the Board in its discretion may terminate such right; provided,
that the board in its discretion may pay to the wife 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 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 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, pension, refund, or disability
benefit is payable to a minor or to a person adjudged to be
under legal disability, the board, in its discretion and when
to the best interest of the person concerned, may waive
guardianship proceedings and pay the annuity, pension, refund
or benefit to the person providing or caring for the minor and
to the wife, parent or blood relative providing or caring for
the person.
    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-certified, State-licensed 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.
    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.
    (e) An annuitant may authorize the withholding of a portion
of his annuity for payment of dues to any labor organization
designated by the annuitant; however, no portion of annuities
may be withheld pursuant to this subsection for payment to any
one labor organization unless a minimum of 100 annuitants
authorize such withholding, except that the Board may allow
such withholding for less than 100 annuitants during a
probationary period of between 3 and 6 months, as determined by
the Board. The Board shall prescribe a form for the
authorization of such withholding, and shall provide such forms
to employees, annuitants and labor organizations upon request.
Amounts withheld by the Board under this subsection shall be
promptly paid over to the designated organizations.
    Any such labor organization shall have access to the Fund's
mailing list of annuitants, upon such terms as the Board may
approve. The expenses of any mailing conducted by the labor
organization shall be borne by the labor organization.
(Source: P.A. 87-793.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.