Illinois Compiled Statutes
735 ILCS 5/12-804 (2026)
Exemptions from deduction orders
✓ current as of May 2026
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(735 ILCS 5/12-804)
(from Ch. 110, par. 12-804)
Sec. 12-804.
Exemptions from deduction orders.
Benefits and refunds
payable by pension or retirement funds or systems and any assets of employees
held by such funds or systems, and any monies an employee is required to
contribute to such funds or systems are exempt and are not subject to a
deduction order under Part 8 of Article XII of this Act. A plan governed
by the Employee Retirement Income Security Act of 1974 shall be considered
a retirement fund for purposes of this Part 8.
(Source: P.A. 87-1252.)
Notes of Decisions
Cited in 2
cases, 1995–2018 · leading case: Moore v. Gen. Motors Acceptance Corp. (In re Moore), 177 B.R. 279 (Bankr. S.D. Ill. 1995).
Moore v. Gen. Motors Acceptance Corp. (In re Moore), 177 B.R. 279 (Bankr. S.D. Ill. 1995). “The amount of the debtor’s non-exempt wages— the maximum amount that may be withheld — is 15% of the debtor’s gross wages.”
Cooper v. The City of Chicago (N.D. Ill. 2018). “735 ILCS 5/12-804 (exempting income directed to pension or retirement fund contributions from garnishment); In re Marriage of Schomberg, 2016 IL App (3d) 160420 ¶ 24 (limiting the total amount of garnishment when the combined total of payments going to child support and court…”
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