[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Engrossed ] | [ Senate Amendment 001 ] |
91_SB0394
LRB9101608DJcd
1 AN ACT to amend the Income Withholding for Support Act by
2 changing Section 35.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Income Withholding for Support Act is
6 amended by changing Section 35 as follows:
7 (750 ILCS 28/35)
8 Sec. 35. Duties of payor.
9 (a) It shall be the duty of any payor who has been
10 served with an income withholding notice to deduct and pay
11 over income as provided in this Section. The payor shall
12 deduct the amount designated in the income withholding
13 notice, as supplemented by any notice provided pursuant to
14 subsection (f) of Section 45, beginning no later than the
15 next payment of income which is payable or creditable to the
16 obligor that occurs 14 days following the date the income
17 withholding notice was mailed, sent by facsimile or other
18 electronic means, or placed for personal delivery to or
19 service on the payor. The payor may combine all amounts
20 withheld for the benefit of an obligee or public office into
21 a single payment and transmit the payment with a listing of
22 obligors from whom withholding has been effected. The payor
23 shall pay the amount withheld to the obligee or public office
24 within 7 business days after the date the amount would (but
25 for the duty to withhold income) have been paid or credited
26 to the obligor. If the payor knowingly fails to deduct the
27 amount designated in the income withholding notice and
28 supplemental notice, if any, or if the payor knowingly fails
29 to pay any amount withheld to the obligee or public office
30 within 7 business days after the date the amount would have
31 been paid or credited to the obligor, the payor shall pay a
-2- LRB9101608DJcd
1 penalty of $100 for each day that the designated amount is
2 not deducted or that the withheld amount is not paid to the
3 obligee or public office after the period of 7 business days
4 has expired. The failure of a payor, on more than one
5 occasion, to deduct the amount designated in the income
6 withholding notice and supplemental notice, if any, or to pay
7 amounts withheld to the obligee or public office within 7
8 business days after the date the amount would have been paid
9 or credited to the obligor, creates a presumption that the
10 payor knowingly failed to pay over the amounts. This penalty
11 may be collected in a civil action which may be brought
12 against the payor in favor of the obligee or public office. A
13 finding of a payor's nonperformance within the time required
14 under this Act must be documented by a certified mail return
15 receipt showing the date the income withholding notice was
16 served on the payor. For purposes of this Act, a withheld
17 amount shall be considered paid by a payor on the date it is
18 mailed by the payor, or on the date an electronic funds
19 transfer of the amount has been initiated by the payor, or on
20 the date delivery of the amount has been initiated by the
21 payor. For each deduction, the payor shall provide the
22 obligee or public office, at the time of transmittal, with
23 the date the amount would (but for the duty to withhold
24 income) have been paid or credited to the obligor.
25 Upon receipt of an income withholding notice requiring
26 that a minor child be named as a beneficiary of a health
27 insurance plan available through an employer or labor union
28 or trade union, the employer or labor union or trade union
29 shall immediately enroll the minor child as a beneficiary in
30 the health insurance plan designated by the income
31 withholding notice. The employer shall withhold any required
32 premiums and pay over any amounts so withheld and any
33 additional amounts the employer pays to the insurance carrier
34 in a timely manner. The employer or labor union or trade
-3- LRB9101608DJcd
1 union shall mail to the obligee, within 15 days of enrollment
2 or upon request, notice of the date of coverage, information
3 on the dependent coverage plan, and all forms necessary to
4 obtain reimbursement for covered health expenses, such as
5 would be made available to a new employee. When an order for
6 dependent coverage is in effect and the insurance coverage is
7 terminated or changed for any reason, the employer or labor
8 union or trade union shall notify the obligee within 10 days
9 of the termination or change date along with notice of
10 conversion privileges.
11 For withholding of income, the payor shall be entitled to
12 receive a fee not to exceed $5 per month to be taken from the
13 income to be paid to the obligor.
14 (b) Whenever the obligor is no longer receiving income
15 from the payor, the payor shall return a copy of the income
16 withholding notice to the obligee or public office and shall
17 provide information for the purpose of enforcing this Act.
18 (c) Withholding of income under this Act shall be made
19 without regard to any prior or subsequent garnishments,
20 attachments, wage assignments, or any other claims of
21 creditors. Withholding of income under this Act shall not be
22 in excess of the maximum amounts permitted under the federal
23 Consumer Credit Protection Act. If the payor has been served
24 with more than one income withholding notice pertaining to
25 the same obligor, the payor shall allocate income available
26 for withholding on a proportionate share basis, giving
27 priority to current support payments. If there is any income
28 available for withholding after withholding for all current
29 support obligations, the payor shall allocate the income to
30 past due support payments ordered in cases in which cash
31 assistance under the Illinois Public Aid Code is not being
32 provided to the obligee and then to past due support payments
33 ordered in cases in which cash assistance under the Illinois
34 Public Aid Code is being provided to the obligee, both on a
-4- LRB9101608DJcd
1 proportionate share basis. A payor who complies with an
2 income withholding notice that is regular on its face shall
3 not be subject to civil liability with respect to any
4 individual, any agency, or any creditor of the obligor for
5 conduct in compliance with the notice.
6 (d) No payor shall discharge, discipline, refuse to hire
7 or otherwise penalize any obligor because of the duty to
8 withhold income.
9 (Source: P.A. 90-673, eff. 1-1-99.)