Bill Text: IL HB5919 | 2013-2014 | 98th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Downstate Police and Firefighter Articles of the Illinois Pension Code. Provides that, if at any time the Public Pension Division of the Department of Insurance finds that a pension has been calculated using compensation that should not have been included in salary or final average salary, then the beneficiary of that pension shall pay back to the fund an amount equal to the benefit incurred by using that compensation. Effective immediately.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Failed) 2014-12-03 - Session Sine Die [HB5919 Detail]
Download: Illinois-2013-HB5919-Amended.html
Bill Title: Amends the Downstate Police and Firefighter Articles of the Illinois Pension Code. Provides that, if at any time the Public Pension Division of the Department of Insurance finds that a pension has been calculated using compensation that should not have been included in salary or final average salary, then the beneficiary of that pension shall pay back to the fund an amount equal to the benefit incurred by using that compensation. Effective immediately.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Failed) 2014-12-03 - Session Sine Die [HB5919 Detail]
Download: Illinois-2013-HB5919-Amended.html
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1 | AMENDMENT TO HOUSE BILL 5919
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2 | AMENDMENT NO. ______. Amend House Bill 5919 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Pension Code is amended by | ||||||
5 | changing Sections 3-144.2, 3-148, and 4-139 and by adding | ||||||
6 | Section 4-138.10 as follows:
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7 | (40 ILCS 5/3-144.2) (from Ch. 108 1/2, par. 3-144.2)
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8 | Sec. 3-144.2. Mistake in benefit. | ||||||
9 | (a) If the Fund mistakenly sets any
benefit at an incorrect | ||||||
10 | amount, it shall recalculate the benefit as soon as
may be | ||||||
11 | practicable after the mistake is discovered. | ||||||
12 | (b) If the benefit was mistakenly set too low, the Fund | ||||||
13 | shall make a lump
sum payment to the recipient of an amount | ||||||
14 | equal to the difference between
the benefits that should have | ||||||
15 | been paid and those actually paid, plus
interest at the | ||||||
16 | prescribed rate from the date the unpaid amounts accrued to
the |
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1 | date of payment. | ||||||
2 | (c) If the benefit was mistakenly set too high, the Fund | ||||||
3 | may recover the
amount overpaid from the recipient thereof, | ||||||
4 | including interest at the prescribed rate from the date of | ||||||
5 | overpayment to the date of recovery, either directly
or by | ||||||
6 | deducting
such amount from the remaining benefits payable to | ||||||
7 | the recipient. If the overpayment is recovered by deductions | ||||||
8 | from the remaining benefits payable to the recipient, the | ||||||
9 | monthly deduction shall not exceed 10% of the corrected monthly | ||||||
10 | benefit amount, unless otherwise agreed to by the recipient of | ||||||
11 | the benefit. | ||||||
12 | However,
if (i) the amount of the benefit was mistakenly | ||||||
13 | set too high, and (ii) the
error was undiscovered for 3 years | ||||||
14 | or longer, and (iii) the error was not the
result of incorrect | ||||||
15 | information supplied by the affected participant or
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16 | beneficiary, then upon discovery of the mistake the benefit | ||||||
17 | shall be
adjusted to the correct level, but the recipient of | ||||||
18 | the benefit need not
repay to the Fund the excess amounts | ||||||
19 | received in error. | ||||||
20 | (d) In the event of any conflict between this Section and | ||||||
21 | the Administrative Review Law, including but not limited to any | ||||||
22 | period established under that Law having the effect of limiting | ||||||
23 | the time in which a mistake in benefit may be corrected, this | ||||||
24 | Section is intended to control. | ||||||
25 | The amount of any overpayment, due to fraud, | ||||||
26 | misrepresentation
or error, of any pension or benefit granted |
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1 | under this Article may be deducted
from future payments to the | ||||||
2 | recipient of such pension or benefit.
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3 | (Source: P.A. 82-623.)
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4 | (40 ILCS 5/3-148) (from Ch. 108 1/2, par. 3-148)
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5 | Sec. 3-148. Administrative review. Except as provided in | ||||||
6 | Section 3-144.2, pertaining to the correction of mistakes in | ||||||
7 | benefits, the The provisions of the Administrative Review Law,
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8 | and all amendments and modifications thereof and the rules | ||||||
9 | adopted
pursuant thereto, shall apply to and govern all | ||||||
10 | proceedings for the
judicial review of final administrative | ||||||
11 | decisions of the retirement board
provided for under this | ||||||
12 | Article. The term "administrative decision" is as
defined in | ||||||
13 | Section 3-101 of the Code of Civil Procedure.
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14 | (Source: P.A. 82-783.)
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15 | (40 ILCS 5/4-138.10 new) | ||||||
16 | Sec. 4-138.10. Mistake in benefit. | ||||||
17 | (a) If the Fund mistakenly sets any
benefit at an incorrect | ||||||
18 | amount, it shall recalculate the benefit as soon as
may be | ||||||
19 | practicable after the mistake is discovered. | ||||||
20 | (b) If the benefit was mistakenly set too low, the Fund | ||||||
21 | shall make a lump
sum payment to the recipient of an amount | ||||||
22 | equal to the difference between
the benefits that should have | ||||||
23 | been paid and those actually paid, plus
interest at the | ||||||
24 | prescribed rate from the date the unpaid amounts accrued to
the |
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1 | date of payment. | ||||||
2 | (c) If the benefit was mistakenly set too high, the Fund | ||||||
3 | may recover the
amount overpaid from the recipient thereof, | ||||||
4 | including interest at the prescribed rate from the date of | ||||||
5 | overpayment to the date of recovery, either directly
or by | ||||||
6 | deducting
such amount from the remaining benefits payable to | ||||||
7 | the recipient. If the overpayment is recovered by deductions | ||||||
8 | from the remaining benefits payable to the recipient, the | ||||||
9 | monthly deduction shall not exceed 10% of the corrected monthly | ||||||
10 | benefit amount, unless otherwise agreed to by the recipient of | ||||||
11 | the benefit. | ||||||
12 | However,
if (i) the amount of the benefit was mistakenly | ||||||
13 | set too high, and (ii) the
error was undiscovered for 3 years | ||||||
14 | or longer, and (iii) the error was not the
result of incorrect | ||||||
15 | information supplied by the affected participant or
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16 | beneficiary, then upon discovery of the mistake the benefit | ||||||
17 | shall be
adjusted to the correct level, but the recipient of | ||||||
18 | the benefit need not
repay to the Fund the excess amounts | ||||||
19 | received in error. | ||||||
20 | (d) In the event of any conflict between this Section and | ||||||
21 | the Administrative Review Law, including but not limited to any | ||||||
22 | period established under that Law having the effect of limiting | ||||||
23 | the time in which a mistake in benefit may be corrected, this | ||||||
24 | Section is intended to control.
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25 | (40 ILCS 5/4-139) (from Ch. 108 1/2, par. 4-139)
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1 | Sec. 4-139. Administrative review. Except as provided in | ||||||
2 | Section 4-138.10, pertaining to the correction of mistakes in | ||||||
3 | benefits, the The provisions of the Administrative Review Law,
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4 | and all amendments and modifications thereof and the rules | ||||||
5 | adopted
pursuant thereto, shall apply to and govern all | ||||||
6 | proceedings for the
judicial review of final administrative | ||||||
7 | decisions of the retirement board
provided for under this | ||||||
8 | Article. The term "administrative decision" is as
defined in | ||||||
9 | Section 3-101 of the Code of Civil Procedure.
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10 | (Source: P.A. 82-783.)
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11 | Section 99. Effective date. This Act takes effect upon | ||||||
12 | becoming law.".
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