40 ILCS 5/9-228
2021 Illinois Compiled Statutes|Chapter 40 - PENSIONS|40 ILCS 5/ - Illinois Pension Code.|Article 9 - County Employees' and Officers' Annuity and Benefit Fund - Counties Over 3,000,000 Inhabitants

 (from Ch. 108 1/2, par. 9-228)Sec. 9-228. Attachment; withholding.(a) The annuities, pensions, refunds, and disability benefits granted  under this Article shall be exempt from attachment or garnishment process  and shall not be seized, taken, subjected to, detained, or levied upon by  virtue of any judgment, or any process or proceeding whatsoever issued out  of or by any court in this State, for the payment and satisfaction in whole  or in part of any debt, damage, claim, demand, or judgment against any  annuitant, pensioner, person entitled to a refund, or other beneficiary  hereunder.(b) No annuitant, pensioner, person entitled to a refund, or other  beneficiary shall have any right to transfer or assign his annuity or  disability benefit or any part thereof by way of mortgage or otherwise  except that an annuitant or a widow annuitant who elects to participate in  any group hospitalization plan or group medical surgical plan shall have  the right to authorize the Board to deduct the cost to him of such plan  from the annuity check and to pay such deducted amount to the group  insurance carrier, provided, however, that the Board in its discretion may  terminate such right; provided, that the board in its discretion may pay to  the wife of any annuitant, pensioner, refund applicant, or disability  beneficiary such an amount out of her husband's annuity, pension, refund,  or disability benefit as any court may order, or such an amount as the  board may consider necessary for the support of his wife or children or  both in the event of his disappearance or unexplained absence or his  failure to support such wife or children.(c) The board may retain out of any future annuity, pension, refund or  disability benefit payments, such amount, or amounts, as it may require for  the repayment of any moneys paid to any annuitant, pensioner, refund  applicant, or disability beneficiary through misrepresentation, fraud or  error.  Any such action of the board shall relieve and release the board and  the fund from any liability for any moneys so withheld.(d) Whenever an annuity, pension, refund, or disability benefit is  payable to a minor or to a person adjudged to be under legal disability,  the board, in its discretion and when to the best interest of the person  concerned, may waive guardianship proceedings and pay the annuity, pension,  refund or benefit to the person providing or caring for the minor and to  the wife, parent or blood relative providing or caring for the person.In the event that 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-certified, State-licensed 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.Payment in accordance with this subsection 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.  Any person, nursing home, hospital, or mental institution accepting payment under this subsection shall notify the Fund of the death or any other relevant change in the status of the minor or person under legal disability.(e) 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.Any such labor organization shall have access to the Fund's mailing list  of annuitants, upon such terms as the Board may approve.  The expenses of  any mailing conducted by the labor organization shall be borne by the labor  organization.  (Source: P.A. 100-794, eff. 8-10-18.)