Bill Status of HB 5919   98th General Assembly

Short Description:  PEN CD-ERROR IN CALCULATION

House Sponsors
Rep. Jeanne M Ives-Thomas Morrison

Senate Sponsors
(Sen. Jennifer Bertino-Tarrant)


Last Action  View All Actions

DateChamber Action
  12/3/2014HouseSession Sine Die

Statutes Amended In Order of Appearance
40 ILCS 5/3-144.3 new
40 ILCS 5/4-138.6 new

Synopsis As Introduced
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.

House Floor Amendment No. 2
Deletes reference to:
40 ILCS 5/3-144.3 new
40 ILCS 5/4-138.6 new
Adds reference to:
40 ILCS 5/3-144.2from Ch. 108 1/2, par. 3-144.2
40 ILCS 5/3-148from Ch. 108 1/2, par. 3-148
40 ILCS 5/4-138.10 new
40 ILCS 5/4-139from Ch. 108 1/2, par. 4-139

Replaces everything after the enacting clause. Amends the Downstate Police and Firefighter Articles of the Illinois Pension Code. Provides that if a fund 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 set too low, requires the fund to pay the underpayment to the benefit recipient, with interest. If the benefit was set too high, authorizes the fund to recover the overpayment, with interest, from the benefit recipient, either directly or by deduction, except in certain cases where the mistake has been undetected for more than 3 years and the mistake did not arise from inaccurate information supplied by the recipient. If the overpayment is recovered by deduction, specifies that the monthly deduction shall not exceed 10% of the corrected monthly benefit amount, unless otherwise agreed to by the recipient of the benefit. Specifies that these provisions are intended to control over any period established under the Administrative Review Law having the effect of limiting the time in which a mistake in benefit may be corrected. Effective immediately.

Actions 
DateChamber Action
  2/14/2014HouseFiled with the Clerk by Rep. Jeanne M Ives
  2/14/2014HouseFirst Reading
  2/14/2014HouseReferred to Rules Committee
  3/19/2014HouseAssigned to Personnel and Pensions Committee
  3/24/2014HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Jeanne M Ives
  3/24/2014HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  3/25/2014HouseHouse Committee Amendment No. 1 Rules Refers to Personnel and Pensions Committee
  3/25/2014HouseDo Pass / Short Debate Personnel and Pensions Committee; 010-000-000
  3/25/2014HouseHouse Committee Amendment No. 1 Tabled Pursuant to Rule 40
  3/25/2014HousePlaced on Calendar 2nd Reading - Short Debate
  4/2/2014HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Jeanne M Ives
  4/2/2014HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  4/7/2014HouseHouse Floor Amendment No. 2 Rules Refers to Personnel and Pensions Committee
  4/8/2014HouseHouse Floor Amendment No. 2 Recommends Be Adopted Personnel and Pensions Committee; 007-000-000
  4/8/2014HouseSecond Reading - Short Debate
  4/8/2014HouseHouse Floor Amendment No. 2 Adopted
  4/8/2014HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/8/2014HouseAdded Chief Co-Sponsor Rep. Thomas Morrison
  4/9/2014HouseThird Reading - Short Debate - Passed 112-000-000
  4/9/2014SenateArrive in Senate
  4/9/2014SenatePlaced on Calendar Order of First Reading April 10, 2014
  4/9/2014SenateChief Senate Sponsor Sen. Jennifer Bertino-Tarrant
  4/10/2014SenateFirst Reading
  4/10/2014SenateReferred to Assignments
  4/30/2014SenateAssigned to Licensed Activities and Pensions
  5/8/2014SenatePostponed - Licensed Activities and Pensions
  5/15/2014SenatePostponed - Licensed Activities and Pensions
  5/16/2014SenateRule 3-9(a) / Re-referred to Assignments
  12/3/2014HouseSession Sine Die

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