SR CITIZEN INCOME ELIGIBILITY

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB1764

Introduced 1/28/2025, by Rep. Tom Weber

SYNOPSIS AS INTRODUCED:

320 ILCS 25/4

from Ch. 67 1/2, par. 404

Amends the Senior Citizens and Persons with Disabilities Property Tax
Relief Act. In a provision setting forth the specified household income
eligibility limits used to determine eligibility for reduced vehicle
registration fees and free transit services, provides that the Department
on Aging shall (rather than may) adopt rules such that on January 1, 2026,
and thereafter, the specified household income eligibility limits shall be
changed to reflect the annual cost of living adjustment in Social Security
and Supplemental Security Income benefits. Effective immediately.
LRB104 06379 KTG 16415 b

A BILL FOR

HB1764
LRB104 06379 KTG 16415 b
1

AN ACT concerning aging.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Senior Citizens and Persons with
5
Disabilities Property Tax Relief Act is amended by changing
6
Section 4 as follows:

7

(320 ILCS 25/4)

(from Ch. 67 1/2, par. 404)
8

Sec. 4.
Amount of Grant.
9

(a) In general. Any individual 65 years or older or any
10
individual who will become 65 years old during the calendar
11
year in which a claim is filed, and any surviving spouse of
12
such a claimant, who at the time of death received or was
13
entitled to receive a grant pursuant to this Section, which
14
surviving spouse will become 65 years of age within the 24
15
months immediately following the death of such claimant and
16
which surviving spouse but for his or her age is otherwise
17
qualified to receive a grant pursuant to this Section, and any
18
person with a disability whose annual household income is less
19
than the income eligibility limitation, as defined in
20
subsection (a-5) and whose household is liable for payment of
21
property taxes accrued or has paid rent constituting property
22
taxes accrued and is domiciled in this State at the time he or
23
she files his or her claim is entitled to claim a grant under

HB1764
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LRB104 06379 KTG 16415 b
1
this Act. With respect to claims filed by individuals who will
2
become 65 years old during the calendar year in which a claim
3
is filed, the amount of any grant to which that household is
4
entitled shall be an amount equal to 1/12 of the amount to
5
which the claimant would otherwise be entitled as provided in
6
this Section, multiplied by the number of months in which the
7
claimant was 65 in the calendar year in which the claim is
8
filed.
9

(a-5) Income eligibility limitation. For purposes of this
10
Section, "income eligibility limitation" means an amount for
11
grant years 2008 through 2019:
12

(1) less than $22,218 for a household containing one
13

person;
14

(2) less than $29,480 for a household containing 2
15

persons; or
16

(3) less than $36,740 for a household containing 3 or
17

more persons.
18

For grant years 2020 and thereafter:
19

(1) less than $33,562 for a household containing one
20

person;
21

(2) less than $44,533 for a household containing 2
22

persons; or
23

(3) less than $55,500 for a household containing 3 or
24

more persons.
25

For 2009 claim year applications submitted during calendar
26
year 2010, a household must have annual household income of

HB1764
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LRB104 06379 KTG 16415 b
1
less than $27,610 for a household containing one person; less
2
than $36,635 for a household containing 2 persons; or less
3
than $45,657 for a household containing 3 or more persons.
4

The Department on Aging
shall

may
adopt rules such that on
5
January 1,
2026

2011
, and thereafter, the foregoing household
6
income eligibility limits
shall

may
be changed to reflect the
7
annual cost of living adjustment in Social Security and
8
Supplemental Security Income benefits that are applicable to
9
the year for which those benefits are being reported as income
10
on an application.
11

If a person files as a surviving spouse, then only his or
12
her income shall be counted in determining his or her
13
household income.
14

(b) Limitation. Except as otherwise provided in
15
subsections (a) and (f) of this Section, the maximum amount of
16
grant which a claimant is entitled to claim is the amount by
17
which the property taxes accrued which were paid or payable
18
during the last preceding tax year or rent constituting
19
property taxes accrued upon the claimant's residence for the
20
last preceding taxable year exceeds 3 1/2% of the claimant's
21
household income for that year but in no event is the grant to
22
exceed (i) $700 less 4.5% of household income for that year for
23
those with a household income of $14,000 or less or (ii) $70 if
24
household income for that year is more than $14,000.
25

(c) Public aid recipients. If household income in one or
26
more months during a year includes cash assistance in excess

HB1764
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LRB104 06379 KTG 16415 b
1
of $55 per month from the Department of Healthcare and Family
2
Services or the Department of Human Services (acting as
3
successor to the Department of Public Aid under the Department
4
of Human Services Act) which was determined under regulations
5
of that Department on a measure of need that included an
6
allowance for actual rent or property taxes paid by the
7
recipient of that assistance, the amount of grant to which
8
that household is entitled, except as otherwise provided in
9
subsection (a), shall be the product of (1) the maximum amount
10
computed as specified in subsection (b) of this Section and
11
(2) the ratio of the number of months in which household income
12
did not include such cash assistance over $55 to the number
13
twelve. If household income did not include such cash
14
assistance over $55 for any months during the year, the amount
15
of the grant to which the household is entitled shall be the
16
maximum amount computed as specified in subsection (b) of this
17
Section. For purposes of this paragraph (c), "cash assistance"
18
does not include any amount received under the federal
19
Supplemental Security Income (SSI) program.
20

(d) Joint ownership. If title to the residence is held
21
jointly by the claimant with a person who is not a member of
22
his or her household, the amount of property taxes accrued
23
used in computing the amount of grant to which he or she is
24
entitled shall be the same percentage of property taxes
25
accrued as is the percentage of ownership held by the claimant
26
in the residence.

HB1764
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LRB104 06379 KTG 16415 b
1

(e) More than one residence. If a claimant has occupied
2
more than one residence in the taxable year, he or she may
3
claim only one residence for any part of a month. In the case
4
of property taxes accrued, he or she shall prorate 1/12 of the
5
total property taxes accrued on his or her residence to each
6
month that he or she owned and occupied that residence; and, in
7
the case of rent constituting property taxes accrued, shall
8
prorate each month's rent payments to the residence actually
9
occupied during that month.
10

(f) (Blank).
11

(g) Effective January 1, 2006, there is hereby established
12
a program of pharmaceutical assistance to the aged and to
13
persons with disabilities, entitled the Illinois Seniors and
14
Disabled Drug Coverage Program, which shall be administered by
15
the Department of Healthcare and Family Services and the
16
Department on Aging in accordance with this subsection, to
17
consist of coverage of specified prescription drugs on behalf
18
of beneficiaries of the program as set forth in this
19
subsection. Notwithstanding any provisions of this Act to the
20
contrary, on and after July 1, 2012, pharmaceutical assistance
21
under this Act shall no longer be provided, and on July 1, 2012
22
the Illinois Senior Citizens and Disabled Persons
23
Pharmaceutical Assistance Program shall terminate. The
24
following provisions that concern the Illinois Senior Citizens
25
and Disabled Persons Pharmaceutical Assistance Program shall
26
continue to apply on and after July 1, 2012 to the extent

HB1764
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LRB104 06379 KTG 16415 b
1
necessary to pursue any actions authorized by subsection (d)
2
of Section 9 of this Act with respect to acts which took place
3
prior to July 1, 2012.
4

To become a beneficiary under the program established
5
under this subsection, a person must:
6

(1) be (i) 65 years of age or older or (ii) a person
7

with a disability; and
8

(2) be domiciled in this State; and
9

(3) enroll with a qualified Medicare Part D
10

Prescription Drug Plan if eligible and apply for all
11

available subsidies under Medicare Part D; and
12

(4) for the 2006 and 2007 claim years, have a maximum
13

household income of (i) less than $21,218 for a household
14

containing one person, (ii) less than $28,480 for a
15

household containing 2 persons, or (iii) less than $35,740
16

for a household containing 3 or more persons; and
17

(5) for the 2008 claim year, have a maximum household
18

income of (i) less than $22,218 for a household containing
19

one person, (ii) $29,480 for a household containing 2
20

persons, or (iii) $36,740 for a household containing 3 or
21

more persons; and
22

(6) for 2009 claim year applications submitted during
23

calendar year 2010, have annual household income of less
24

than (i) $27,610 for a household containing one person;
25

(ii) less than $36,635 for a household containing 2
26

persons; or (iii) less than $45,657 for a household

HB1764
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LRB104 06379 KTG 16415 b
1

containing 3 or more persons; and
2

(7) as of September 1, 2011, have a maximum household
3

income at or below 200% of the federal poverty level.
4

All individuals enrolled as of December 31, 2005, in the
5
pharmaceutical assistance program operated pursuant to
6
subsection (f) of this Section and all individuals enrolled as
7
of December 31, 2005, in the SeniorCare Medicaid waiver
8
program operated pursuant to Section 5-5.12a of the Illinois
9
Public Aid Code shall be automatically enrolled in the program
10
established by this subsection for the first year of operation
11
without the need for further application, except that they
12
must apply for Medicare Part D and the Low Income Subsidy under
13
Medicare Part D. A person enrolled in the pharmaceutical
14
assistance program operated pursuant to subsection (f) of this
15
Section as of December 31, 2005, shall not lose eligibility in
16
future years due only to the fact that they have not reached
17
the age of 65.
18

To the extent permitted by federal law, the Department may
19
act as an authorized representative of a beneficiary in order
20
to enroll the beneficiary in a Medicare Part D Prescription
21
Drug Plan if the beneficiary has failed to choose a plan and,
22
where possible, to enroll beneficiaries in the low-income
23
subsidy program under Medicare Part D or assist them in
24
enrolling in that program.
25

Beneficiaries under the program established under this
26
subsection shall be divided into the following 4 eligibility

HB1764
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LRB104 06379 KTG 16415 b
1
groups:
2

(A) Eligibility Group 1 shall consist of beneficiaries
3

who are not eligible for Medicare Part D coverage and who
4

are:
5

(i) a person with a disability and under age 65; or
6

(ii) age 65 or older, with incomes over 200% of the
7

Federal Poverty Level; or
8

(iii) age 65 or older, with incomes at or below
9

200% of the Federal Poverty Level and not eligible for
10

federally funded means-tested benefits due to
11

immigration status.
12

(B) Eligibility Group 2 shall consist of beneficiaries
13

who are eligible for Medicare Part D coverage.
14

(C) Eligibility Group 3 shall consist of beneficiaries
15

age 65 or older, with incomes at or below 200% of the
16

Federal Poverty Level, who are not barred from receiving
17

federally funded means-tested benefits due to immigration
18

status and are not eligible for Medicare Part D coverage.
19

If the State applies and receives federal approval for
20

a waiver under Title XIX of the Social Security Act,
21

persons in Eligibility Group 3 shall continue to receive
22

benefits through the approved waiver, and Eligibility
23

Group 3 may be expanded to include persons with
24

disabilities who are under age 65 with incomes under 200%
25

of the Federal Poverty Level who are not eligible for
26

Medicare and who are not barred from receiving federally

HB1764
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LRB104 06379 KTG 16415 b
1

funded means-tested benefits due to immigration status.
2

(D) Eligibility Group 4 shall consist of beneficiaries
3

who are otherwise described in Eligibility Group 2 who
4

have a diagnosis of HIV or AIDS.
5

The program established under this subsection shall cover
6
the cost of covered prescription drugs in excess of the
7
beneficiary cost-sharing amounts set forth in this paragraph
8
that are not covered by Medicare. The Department of Healthcare
9
and Family Services may establish by emergency rule changes in
10
cost-sharing necessary to conform the cost of the program to
11
the amounts appropriated for State fiscal year 2012 and future
12
fiscal years except that the 24-month limitation on the
13
adoption of emergency rules and the provisions of Sections
14
5-115 and 5-125 of the Illinois Administrative Procedure Act
15
shall not apply to rules adopted under this subsection (g).
16
The adoption of emergency rules authorized by this subsection
17
(g) shall be deemed to be necessary for the public interest,
18
safety, and welfare.
19

For purposes of the program established under this
20
subsection, the term "covered prescription drug" has the
21
following meanings:
22

For Eligibility Group 1, "covered prescription drug"
23

means: (1) any cardiovascular agent or drug; (2) any
24

insulin or other prescription drug used in the treatment
25

of diabetes, including syringe and needles used to
26

administer the insulin; (3) any prescription drug used in

HB1764
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LRB104 06379 KTG 16415 b
1

the treatment of arthritis; (4) any prescription drug used
2

in the treatment of cancer; (5) any prescription drug used
3

in the treatment of Alzheimer's disease; (6) any
4

prescription drug used in the treatment of Parkinson's
5

disease; (7) any prescription drug used in the treatment
6

of glaucoma; (8) any prescription drug used in the
7

treatment of lung disease and smoking-related illnesses;
8

(9) any prescription drug used in the treatment of
9

osteoporosis; and (10) any prescription drug used in the
10

treatment of multiple sclerosis. The Department may add
11

additional therapeutic classes by rule. The Department may
12

adopt a preferred drug list within any of the classes of
13

drugs described in items (1) through (10) of this
14

paragraph. The specific drugs or therapeutic classes of
15

covered prescription drugs shall be indicated by rule.
16

For Eligibility Group 2, "covered prescription drug"
17

means those drugs covered by the Medicare Part D
18

Prescription Drug Plan in which the beneficiary is
19

enrolled.
20

For Eligibility Group 3, "covered prescription drug"
21

means those drugs covered by the Medical Assistance
22

Program under Article V of the Illinois Public Aid Code.
23

For Eligibility Group 4, "covered prescription drug"
24

means those drugs covered by the Medicare Part D
25

Prescription Drug Plan in which the beneficiary is
26

enrolled.

HB1764
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LRB104 06379 KTG 16415 b
1

Any person otherwise eligible for pharmaceutical
2
assistance under this subsection whose covered drugs are
3
covered by any public program is ineligible for assistance
4
under this subsection to the extent that the cost of those
5
drugs is covered by the other program.
6

The Department of Healthcare and Family Services shall
7
establish by rule the methods by which it will provide for the
8
coverage called for in this subsection. Those methods may
9
include direct reimbursement to pharmacies or the payment of a
10
capitated amount to Medicare Part D Prescription Drug Plans.
11

For a pharmacy to be reimbursed under the program
12
established under this subsection, it must comply with rules
13
adopted by the Department of Healthcare and Family Services
14
regarding coordination of benefits with Medicare Part D
15
Prescription Drug Plans. A pharmacy may not charge a
16
Medicare-enrolled beneficiary of the program established under
17
this subsection more for a covered prescription drug than the
18
appropriate Medicare cost-sharing less any payment from or on
19
behalf of the Department of Healthcare and Family Services.
20

The Department of Healthcare and Family Services or the
21
Department on Aging, as appropriate, may adopt rules regarding
22
applications, counting of income, proof of Medicare status,
23
mandatory generic policies, and pharmacy reimbursement rates
24
and any other rules necessary for the cost-efficient operation
25
of the program established under this subsection.
26

(h) A qualified individual is not entitled to duplicate

HB1764
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LRB104 06379 KTG 16415 b
1
benefits in a coverage period as a result of the changes made
2
by this amendatory Act of the 96th General Assembly.
3
(Source: P.A. 101-10, eff. 6-5-19.)

4

Section 99.
Effective date.
This Act takes effect upon
5
becoming law.

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