Illinois General Assembly - Full Text of Public Act 094-0425
Illinois General Assembly

Previous General Assemblies

Public Act 094-0425




Public Act 094-0425
HB3740 Enrolled LRB094 11363 EFG 42228 b

    AN ACT concerning public employee benefits.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Illinois Pension Code is amended by adding
Section 17-151.1 as follows:
    (40 ILCS 5/17-151.1 new)
    Sec. 17-151.1. Recovery of amount paid in error.
    (a) The Board may retain out of any annuity or benefit
payable to any person any amount that the Board determines is
owing to the Fund because (i) required employee contributions
were not made in whole or in part, (ii) employee or member
obligations to return refunds were not met, or (iii) money was
paid to any employee, member, or annuitant through
misrepresentation, fraud, or error.
    (b) The Board and the Fund shall be held free from any
liability for any money retained or paid in accordance with
this Section, and the employee, member, or pensioner shall be
assumed to have assented and agreed to the disposition of money
    (c) The changes made by this amendatory Act of the 94th
General Assembly are not limited to persons in service on or
after the effective date of this amendatory Act.
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/2/2005