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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB1751
Introduced 2/25/2005, by Sen. Jacqueline Y. Collins SYNOPSIS AS INTRODUCED:
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740 ILCS 170/4 |
from Ch. 48, par. 39.4 |
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Amends the Illinois Wage Assignment Act. Provides that the maximum wages, salary, commissions, and bonuses that may be collected by an assignee for any work week shall not exceed the lesser of (1) 15% of the gross amount paid for that week or (2) the amount by which the disposable earnings for the week exceed the greater of 45 times the federal minimum hourly wage or the minimum hourly wage prescribed by the Minimum Wage Law. Effective immediately.
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A BILL FOR
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SB1751 |
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LRB094 10619 LCB 40955 b |
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| AN ACT concerning civil liabilities.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Wage Assignment Act is amended by |
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| changing Section 4 as follows:
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| (740 ILCS 170/4) (from Ch. 48, par. 39.4)
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| Sec. 4. The maximum wages, salary, commissions, and bonuses |
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| that may be
collected by an assignee for any work week shall |
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| not exceed the lesser of (1)
15% of such gross amount paid for |
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| that week or (2) the amount by which
disposable earnings for a |
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| week exceed 45 times the Federal Minimum Hourly Wage
prescribed |
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| by Section 206(a)(1) of Title 29, U.S.C., as amended, or the |
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| minimum hourly wage prescribed by Section 4 of the Minimum Wage |
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| Law, whichever is greater, in effect at
the time the amounts |
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| are payable. This provision (and no other) applies
irrespective |
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| of the place where the compensation was earned or payable and |
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| the
State where the employee resides. No amounts required by |
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| law to be withheld
may be taken from the amount collected by |
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| the creditor. The term "disposable
earnings" means that part of |
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| the earnings of any individual remaining after the
deduction |
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| from those earnings of any amounts required by law to be |
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| withheld.
If there is more than one assignment demand received |
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| by the employer, the
assignees shall collect in the order or |
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| priority of service of the demand upon
the employer, but the |
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| total of all collections shall not exceed the amount that
could |
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| have been collected if there had been one assignment demand.
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| Benefits and refunds payable by pension or retirement funds |
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| or systems, any
assets of employees held by those funds or |
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| systems, and any moneys an employee
is required to contribute |
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| to those funds or systems are exempt and are not
subject to a |
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| wage assignment under this Act.
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| A fee of $12 for each wage assignment shall be collected by |