Illinois General Assembly - Full Text of SB2991
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Full Text of SB2991  102nd General Assembly




SB2991 EnrolledLRB102 21374 RPS 30486 b

1    AN ACT concerning public employee benefits.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Pension Code is amended by
5changing Section 15-186.1 as follows:
6    (40 ILCS 5/15-186.1)  (from Ch. 108 1/2, par. 15-186.1)
7    Sec. 15-186.1. Mistake in benefit calculation and
8overpayment recovery.
9    (a) Mistake in benefit calculation. If the System
10mistakenly sets any benefit at an incorrect amount, it shall
11recalculate the benefit as soon as may be practicable after
12the mistake is discovered. If the benefit was mistakenly set
13too low, the System shall make a lump sum payment to the
14recipient of an amount equal to the difference between the
15benefits that should have been paid and those actually paid,
16plus interest at the effective rate from the date the unpaid
17amounts accrued to the date of payment.
18    If the benefit was mistakenly set too high, the System may
19recover the amount overpaid from the recipient thereof, plus
20interest at the effective rate from the date of overpayment to
21the date of recovery, either directly or by deducting such
22amount from the remaining benefits payable to the recipient.
23However, if (1) the amount of the benefit was mistakenly set



SB2991 Enrolled- 2 -LRB102 21374 RPS 30486 b

1too high, and (2) the error was undiscovered for 3 years or
2longer, and (3) the error was not the result of incorrect
3information supplied or information omitted by the affected
4member or beneficiary, then upon discovery of the mistake the
5benefit shall be adjusted to the correct level, but the
6recipient of the benefit need not repay to the System the
7excess amounts received in error.
8    (b) Overpayment recovery. Regardless of the date an
9overpayment is discovered, if the System determines that the
10overpayment has occurred for any reason other than those
11specified in subsection (a) of this Section, the System may
12recover the overpayment from the recipient thereof or the
13recipient's estate, plus interest at the effective rate from
14the date of the overpayment to the date of recovery, either
15directly or by deducting such amount from the remaining
16benefits payable to the recipient or the recipient's estate,
17or by any other means available to the System. This subsection
18(b) applies to overpayments occurring before, on, or after the
19effective date of this amendatory Act of the 102nd General
21(Source: P.A. 93-347, eff. 7-24-03.)
22    Section 99. Effective date. This Act takes effect upon
23becoming law.