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SB1751 Engrossed |
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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 |