Full Text of HB2970 100th General Assembly
HB2970 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB2970 Introduced , by Rep. Michael J. Zalewski SYNOPSIS AS INTRODUCED: |
| 40 ILCS 5/9-228 | from Ch. 108 1/2, par. 9-228 |
|
Amends the Cook County Article of the Illinois Pension Code. Provides that if 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 approved, State certified 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. Provides that the payment 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. Requires any person, nursing home, hospital, or mental institution accepting that payment to notify the Fund of the death or any other relevant change in the status of the minor or person under legal disability. Effective immediately.
|
| |
| | | PENSION IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
|
| | | HB2970 | | LRB100 10532 RPS 20748 b |
|
| 1 | | AN ACT concerning public employee benefits.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Pension Code is amended by changing | 5 | | Section 9-228 as follows:
| 6 | | (40 ILCS 5/9-228) (from Ch. 108 1/2, par. 9-228)
| 7 | | Sec. 9-228. Attachment; withholding.
| 8 | | (a) The annuities, pensions, refunds, and disability | 9 | | benefits granted
under this Article shall be exempt from | 10 | | attachment or garnishment process
and shall not be seized, | 11 | | taken, subjected to, detained, or levied upon by
virtue of any | 12 | | judgment, or any process or proceeding whatsoever issued out
of | 13 | | or by any court in this State, for the payment and satisfaction | 14 | | in whole
or in part of any debt, damage, claim, demand, or | 15 | | judgment against any
annuitant, pensioner, person entitled to a | 16 | | refund, or other beneficiary
hereunder.
| 17 | | (b) No annuitant, pensioner, person entitled to a refund, | 18 | | or other
beneficiary shall have any right to transfer or assign | 19 | | his annuity or
disability benefit or any part thereof by way of | 20 | | mortgage or otherwise
except that an annuitant or a widow | 21 | | annuitant who elects to participate in
any group | 22 | | hospitalization plan or group medical surgical plan shall have
| 23 | | the right to authorize the Board to deduct the cost to him of |
| | | HB2970 | - 2 - | LRB100 10532 RPS 20748 b |
|
| 1 | | such plan
from the annuity check and to pay such deducted | 2 | | amount to the group
insurance carrier, provided, however, that | 3 | | the Board in its discretion may
terminate such right; provided, | 4 | | that the board in its discretion may pay to
the wife of any | 5 | | annuitant, pensioner, refund applicant, or disability
| 6 | | beneficiary such an amount out of her husband's annuity, | 7 | | pension, refund,
or disability benefit as any court may order, | 8 | | or such an amount as the
board may consider necessary for the | 9 | | support of his wife or children or
both in the event of his | 10 | | disappearance or unexplained absence or his
failure to support | 11 | | such wife or children.
| 12 | | (c) The board may retain out of any future annuity, | 13 | | pension, refund or
disability benefit payments, such amount, or | 14 | | amounts, as it may require for
the repayment of any moneys paid | 15 | | to any annuitant, pensioner, refund
applicant, or disability | 16 | | beneficiary through misrepresentation, fraud or
error. Any | 17 | | such action of the board shall relieve and release the board | 18 | | and
the fund from any liability for any moneys so withheld.
| 19 | | (d) Whenever an annuity, pension, refund, or disability | 20 | | benefit is
payable to a minor or to a person adjudged to be | 21 | | under legal disability,
the board, in its discretion and when | 22 | | to the best interest of the person
concerned, may waive | 23 | | guardianship proceedings and pay the annuity, pension,
refund | 24 | | or benefit to the person providing or caring for the minor and | 25 | | to
the wife, parent or blood relative providing or caring for | 26 | | the person.
|
| | | HB2970 | - 3 - | LRB100 10532 RPS 20748 b |
|
| 1 | | In the event that a person certified by a medical doctor to | 2 | | be under legal disability (i) has no spouse, blood relative, or | 3 | | other person providing or caring for him or her, (ii) has no | 4 | | guardian of his or her estate, and (iii) is confined to a | 5 | | Medicare approved, State certified nursing home or to a | 6 | | publicly owned and operated nursing home, hospital, or mental | 7 | | institution, the Board may pay any benefit due that person to | 8 | | the nursing home, hospital, or mental institution, to be used | 9 | | for the sole benefit of the person under legal disability. | 10 | | Payment in accordance with this subsection to a person, | 11 | | nursing home, hospital, or mental institution for the benefit | 12 | | of a minor or person under legal disability shall be an | 13 | | absolute discharge of the Fund's liability with respect to the | 14 | | amount so paid. Any person, nursing home, hospital, or mental | 15 | | institution accepting payment under this subsection shall | 16 | | notify the Fund of the death or any other relevant change in | 17 | | the status of the minor or person under legal disability. | 18 | | (e) An annuitant may authorize the withholding of a portion | 19 | | of his
annuity for payment of dues to any labor organization | 20 | | designated by the
annuitant; however, no portion of annuities | 21 | | may be withheld pursuant to
this subsection for payment to any | 22 | | one labor organization unless a minimum
of 100 annuitants | 23 | | authorize such withholding, except that the Board may
allow | 24 | | such withholding for less than 100 annuitants during a | 25 | | probationary
period of between 3 and 6 months, as determined by | 26 | | the Board. The Board
shall prescribe a form for the |
| | | HB2970 | - 4 - | LRB100 10532 RPS 20748 b |
|
| 1 | | authorization of such withholding, and shall
provide such forms | 2 | | to employees, annuitants and labor organizations upon
request. | 3 | | Amounts withheld by the Board under this subsection shall be
| 4 | | promptly paid over to the designated organizations.
| 5 | | Any such labor organization shall have access to the Fund's | 6 | | mailing list
of annuitants, upon such terms as the Board may | 7 | | approve. The expenses of
any mailing conducted by the labor | 8 | | organization shall be borne by the labor
organization.
| 9 | | (Source: P.A. 87-793.)
| 10 | | Section 99. Effective date. This Act takes effect upon | 11 | | becoming law.
|
|