40 ILCS 5/6-213
2021 Illinois Compiled Statutes|Chapter 40 - PENSIONS|40 ILCS 5/ - Illinois Pension Code.|Article 6 - Firemen's Annuity And Benefit Fund--Cities Over 500,000

 (from Ch. 108 1/2, par. 6-213)Sec. 6-213.     Annuities, etc., exempt.     All pensions, annuities, refunds and  disability benefits granted under this Article and every portion thereof, are  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 entered or issued by or out of 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 pensioner, annuitant, applicant  for a refund or other beneficiary hereunder.No pensioner, annuitant, applicant for a refund, disability beneficiary  or other beneficiary has a right to transfer or assign his or her pension,  annuity, refund or disability benefit or any part thereof by mortgage or  otherwise, except that an annuitant or disability beneficiary may direct in  writing that a monthly payment be made to such association or organization  with which he or his widow may be affiliated by virtue of his fire service,  or for hospitalization insurance purposes.An annuitant may execute under oath a written waiver of his right to  receive all or any part of his annuity.  The waiver shall take effect upon  being filed with the board and shall be irrevocable.  The annuity shall  thereupon be permanently reduced by the amount waived.The board, in its discretion, however, may pay to the wife of any above  stated person, such proportion of her husband's annuity, pension, refund or  disability benefit as a court may order, or such an amount as the board may  consider necessary for her support or for the support of herself and the  children, in the event of his failure to provide such support.  The board may  also retain out of any future annuity, pension, refund or disability benefit  payment such amount or amounts, as it may in its discretion set for the purpose  of repayment into this fund of any moneys paid to such person through  misrepresentation, fraud or error.  Any action herein provided to be taken by  the board shall, when taken, release the board and the fund from any liability  for any moneys retained or paid out as herein provided.Whenever any 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 when to the apparent interest of such minor or person under  legal disability may waive guardianship proceedings and pay such money to the  person providing for or caring for such minor and to the wife, parent or  blood relative providing or caring for such person under legal disability.Whenever a pensioner, annuitant, applicant for refund or disability  beneficiary disappears or his whereabouts are unknown and it cannot be  ascertained whether or not he is living, there shall be paid to his wife  under this section the amount which would be payable to her in the event  her fireman husband had died on the date of his disappearance. In the event  of his subsequent return, or upon satisfactory proof of his being alive,  the amount theretofore paid to his wife shall be charged against any moneys  payable to him under any of the provisions of this Article as though such  payment to his wife had been an allowance to her out of the moneys payable  to him as such pensioner, annuitant, applicant for refund or disability  beneficiary.    (Source: P.A. 87-1265.)