HB1747 95TH GENERAL ASSEMBLY

LRB095 07292 DRJ 27431 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB1747

Introduced 2/23/2007, by Rep. Cynthia Soto

SYNOPSIS AS INTRODUCED:

750 ILCS 28/37 new

Amends the Income Withholding for Support Act. Provides that when an obligor under an order for support terminates his or her employment, whether voluntarily or otherwise, the obligor's employer must obtain a copy of the order for support. Provides that before an employer pays to an obligor any moneys on account of the obligor's termination of employment, including pension or other retirement or severance benefits, the employer must ascertain whether the obligor is liable for the payment of any portion of those moneys to the obligee under the terms of the order for support. Effective immediately.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning civil law.

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

Section 5. The Income Withholding for Support Act is amended by adding Section 37 as follows:

(750 ILCS 28/37 new)

Sec. 37. Obligor's termination of employment.

(a) When an employee terminates his or her employment, whether voluntarily or otherwise:

(1) In the case of an employee with respect to whom an income withholding notice was served on the employer, the employer must obtain a copy of the order for support underlying the income withholding notice.

(2) In the case of an employee with respect to whom an income withholding notice was not served on the employer because an agreement was signed by the parties as provided in subdivision (a)(1) of Section 20, the employer must ascertain whether the employee is an obligor under an order for support. If the employee is an obligor, the employer must obtain a copy of the order for support.

(b) Before an employer pays to an obligor any moneys on account of the obligor's termination of employment, including, without limitation, pension or other retirement benefits, return of pension contributions, deferred compensation account balances, and other employment severance payments, the employer must ascertain whether the obligor is liable for the payment of any portion of those moneys to the obligee under the terms of the order for support.

Section 99. Effective date. This Act takes effect upon becoming law.