40 ILCS 5/7-217
2021 Illinois Compiled Statutes|Chapter 40 - PENSIONS|40 ILCS 5/ - Illinois Pension Code.|Article 7 - Illinois Municipal Retirement Fund

 (from Ch. 108 1/2, par. 7-217)Sec. 7-217.     Payment of benefits and assignments.(a) Except as otherwise provided in this Section, all moneys in the  Fund created by this Article, and all securities  and other property of the Fund, and all annuities and other benefits  payable under this Article, and all accumulated contributions and other  credits of employees in this Fund, and the right of any person to receive  an annuity or other benefit under this Article, or a refund or return of  contributions, shall not be subject to judgment, execution, garnishment,  attachment, or other seizure by process, in bankruptcy or otherwise, nor to  sale, pledge, mortgage or other alienation, and shall not be assignable.  Notwithstanding Section 1-103.1, the changes in this Section made by this  amendatory Act of 1991 shall not be limited to persons in service on or  after its effective date.  All annuities and other benefits payable under  this Fund and all accumulated credits of employees in the Fund shall be  exempt from state and  municipal taxes.(b) The board, in its discretion, may:1. Pay to the wife of any annuitant or employee such     portion, or all, of any retirement annuity, disability benefit, or separation benefit payable to an annuitant or employee, in the event of the disappearance or unexplained absence, or the failure to support such wife or children, as the board may consider necessary for the support of the wife or children of the annuitant or employee.2. Where a temporary or total and permanent     disability benefit becomes payable and the amount may be reduced by application of Section 7-148(b) or Section 7-152(b), postpone making the reduction, if there is a delay in the determination whether a disability benefit is payable under the Federal Social Security Act, until the determination has been made.  The Board may retain out of any annuity or benefit to the participating employee or to any person taking through him the amount of any payment which is not reduced by reason of this paragraph.3. Pay amounts payable to a minor or person under     legal disability to a representative payee assuming responsibility for such minor or person under legal disability, waiving guardianship.(c) The board may retain out of any annuity or benefit payable to  any person such amount or amounts as the board may determine are owing  to the fund because required employee contributions were not made, in  whole or in part, or employee obligations to return refunds were not  made, or because money was paid to any annuitant or employee through  misrepresentation, fraud or error.(d) The board and the fund shall be held free from any liability for  any money retained or paid in accordance with this section and the  employee shall be assumed to have assented and agreed to any such  disposition of money due.(e) An annuitant entitled to receive an annuity may, for personal  reasons and without disclosure thereof, request the board in writing to  suspend for any period payment of all or any part of such annuity  otherwise payable hereunder.  The board, on receipt of such request,  shall authorize such suspension, in which event the annuitant shall be  deemed to have forfeited all rights to the amount of annuity so  suspended, but shall retain the right to have full annuity otherwise  payable reinstated as to future monthly payments upon written notice to  the board of his desire to revoke his prior request for a suspension  under this paragraph.(f) The board may reimburse any municipality or participating  instrumentality for employee contributions due such municipality or  participating instrumentality, from funds withheld by the board pursuant  to this Section.(g) An annuitant may authorize the withholding of a portion of his  annuity for payment of dues to any labor organization designated by the  annuitant; however, no portion of annuities may be withheld pursuant to  this subsection for payment to any one labor organization unless a minimum  of 100 annuitants authorize such withholding,  except that the Board may allow such withholding  for less than 100 annuitants during a probationary period of between 3 and  6 months, as determined by the Board.  The Board shall prescribe a form for  the authorization of such withholding, and shall provide such forms to  employees, annuitants and labor organizations upon request.  Amounts  withheld by the Board under this subsection shall be promptly paid over to  the designated organizations.    (Source: P.A. 87-740.)