HB3088 100TH GENERAL ASSEMBLY

LRB100 08941 KTG 19085 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3088

Introduced , by Rep. Terri Bryant

SYNOPSIS AS INTRODUCED:

305 ILCS 5/3-9

from Ch. 23, par. 3-9

Amends the Aid to the Aged, Blind, or Disabled Article of the Illinois Public Aid Code. In provisions concerning a claim against the estate of a deceased recipient, provides that, subject to federal approval, no claim of the State shall be enforced against any life insurance benefits or proceeds provided by the U.S. Department of Veterans Affairs to the surviving spouse of the deceased recipient.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning public aid.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Public Aid Code is amended by changing Section 3-9 as follows:

(305 ILCS 5/3-9) (from Ch. 23, par. 3-9)

Sec. 3-9. Claim against the estate of a deceased recipient. On the death of a person who has been a recipient, the total amount paid under this Article shall be filed and allowed as a claim against that person's estate or as a claim against the estate of that person's surviving spouse. No claim of the State, however, shall be enforced against any real estate while it is occupied as a homestead by the recipient's surviving spouse, or a relative of the recipient as defined by the rules and regulations of the Illinois Department, if no claims by other creditors have been filed against the estate, or, if such claims have been filed, they remain dormant for failure of prosecution or failure of the claimant to compel administration of the estate for the purpose of payment. "Homestead", as used in this Section, means the dwelling house and contiguous real estate occupied by a surviving spouse, or defined relative of the recipient, regardless of the value of the property.

Subject to federal approval, no claim of the State shall be enforced against any life insurance benefits or proceeds provided by the U.S. Department of Veterans Affairs to the surviving spouse of a deceased recipient.

The transfer of money, personal property or other personal assets, or any interest therein, by a present or former recipient into a joint tenancy account in a bank or other institution or depository shall be prima facie evidence of an intent to defeat the claim against his estate. The transfer may be voided in an appropriate legal action, or the Illinois Department may consider the recipient's interest in the joint tenancy account as an asset of his estate for the purpose of the claim provided by this Section.

The Illinois Department may, by rule, defer or waive the enforcement of its claim hereunder if the deceased recipient is survived by a dependent spouse and minor child or children, or if rehabilitative training for employment or other means of self-support for the surviving spouse or children is feasible and the deferment or waiver of the claim would facilitate achievement of self-support status and prevent or reduce the likelihood of return to dependency upon public aid.

The estate claim herein provided is in addition to the lien claim established in Section 3-10.

(Source: P.A. 88-85.)