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| Public Act 102-0746 | ||||
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AN ACT concerning public employee benefits.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Pension Code is amended by | ||||
changing Section 15-186.1 as follows:
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(40 ILCS 5/15-186.1) (from Ch. 108 1/2, par. 15-186.1)
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Sec. 15-186.1. Mistake in benefit calculation and | ||||
overpayment recovery. | ||||
(a) Mistake in benefit calculation. If the System | ||||
mistakenly sets any
benefit at an incorrect amount, it shall | ||||
recalculate the benefit as soon as
may be practicable after | ||||
the mistake is discovered. If the benefit was mistakenly set | ||||
too low, the System shall make a lump
sum payment to the | ||||
recipient of an amount equal to the difference between
the | ||||
benefits that should have been paid and those actually paid, | ||||
plus
interest at the effective rate from the date the unpaid | ||||
amounts accrued to
the date of payment.
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If the benefit was mistakenly set too high, the System may | ||||
recover the
amount overpaid from the recipient thereof, plus | ||||
interest at the effective
rate from the date of overpayment to | ||||
the date of recovery, either directly
or by deducting
such | ||||
amount from the remaining benefits payable to the recipient. | ||||
However,
if (1) the amount of the benefit was mistakenly set | ||||
too high, and (2) the
error was undiscovered for 3 years or | ||
longer, and (3) the error was not the
result of incorrect | ||
information supplied or information omitted by the affected | ||
member or
beneficiary, then upon discovery of the mistake the | ||
benefit shall be
adjusted to the correct level, but the | ||
recipient of the benefit need not
repay to the System the | ||
excess amounts received in error.
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(b) Overpayment recovery. Regardless of the date an | ||
overpayment is discovered, if the System determines that the | ||
overpayment has occurred for any reason other than those | ||
specified in subsection (a) of this Section, the System may | ||
recover the overpayment from the recipient thereof or the | ||
recipient's estate, plus interest at the effective rate from | ||
the date of the overpayment to the date of recovery, either | ||
directly or by deducting such amount from the remaining | ||
benefits payable to the recipient or the recipient's estate, | ||
or by any other means available to the System. This subsection | ||
(b) applies to overpayments occurring before, on, or after the | ||
effective date of this amendatory Act of the 102nd General | ||
Assembly. | ||
(Source: P.A. 93-347, eff. 7-24-03.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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