Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 285 - CLAIM ELIGIBLE TO BE OFFSET › Section 285.1104 - Processing a Claim Under Section 10.05

Current through Register Vol. 48, No. 28, July 12, 2024
The following provisions shall govern the processing of a claim
				under Section
				10.05 of the
				Act:
a) Before making an offset, the
			 Comptroller shall review the information provided by the State agency notifying
			 the Comptroller of a claim and shall ascertain from that information the amount
			 due and payable.
b) The Comptroller
			 shall charge the State agency that submits a voucher against which an offset
			 claim is applied for the full amount of the voucher submitted. The Comptroller
			 shall draw a warrant on the treasury or on other funds held by the State
			 Treasurer in the amount of the claim eligible to be offset and deposit that
			 warrant into the State Offset Claims Fund. The State Offset Claims Fund shall
			 be a trust fund established and administered by the Comptroller for the deposit
			 of monies deducted from a person's warrant pursuant to an offset and the
			 subsequent payment of monies back to either the State agency requesting the
			 offset or the original payee. If, after 60 days have elapsed from the date the
			 Comptroller gives notice of the offset as prescribed in Section
			 285.1106(a),
			 no protest is made by the person subject to the offset, or upon notification to
			 the Comptroller by the person subject to the offset that the person is waiving
			 the 60 day protest period, the Comptroller shall issue a warrant on the State
			 Offset Claims Fund for the amount of that deposit to the agency entitled to the
			 offset. If a protest conforming to the requirements of Section
			 285.1106(b)
			 is made, the Comptroller shall not issue the warrant to the State agency until
			 the Comptroller ascertains the amount due and payable as provided in Section
			 285.1106(c).
c) If the Comptroller receives a proper
			 request for a claim after he or she has drawn a warrant or warrants, the
			 Comptroller shall, when feasible, reprocess the warrant in order that the
			 offset may be taken, as provided for in this Section.
d) If the amount of the claim eligible to be
			 offset is less than the amount to which the person is entitled, the Comptroller
			 shall draw a warrant for the balance of the amount of the voucher against which
			 the Comptroller has made the offset and shall issue that warrant to the person
			 subject to the offset.
e) In cases
			 in which offsets are to be made against an employee's wages or from pension
			 annuity payments made under the Illinois Pension Code, no more than 25% of the
			 employee's disposable earnings or annuity payments may be subject to offset.
			 Final compensation payments paid to a person, when the person leaves the employ
			 of a State agency, for accrued vacation or sick leave or overtime are exempt
			 from the 25% limitation. State agencies may submit claims for offset for the
			 entire amount owed to the State agency and the Comptroller's Offset System will
			 compute the required 25% available for offset. In the event that the
			 calculation of 25% of the employee's disposable earnings exceeds the net amount
			 of the warrant (i.e., the employee's take-home pay), that employee's payroll
			 voucher will be returned to the submitting State agency. A payroll reversal
			 will be processed and the employee's voluntary deductions must be cancelled or
			 reduced so that the employee's take-home pay will be sufficient to satisfy the
			 amount calculated as available for offset. State agencies should contact their
			 employees to determine which of the voluntary deductions are to be cancelled or
			 reduced.
f) The limitations set
			 forth in subsection (e) apply to:
1) wage or
			 salary payments;
2) regular and
			 continuing contractual payments made to an individual for personal services
			 paid on a contractual payroll; and
3) pension annuity payments made under the
			 Illinois Pension Code.