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Public Act 102-0746


 

Public Act 0746 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0746
 
SB2991 EnrolledLRB102 21374 RPS 30486 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
changing Section 15-186.1 as follows:
 
    (40 ILCS 5/15-186.1)  (from Ch. 108 1/2, par. 15-186.1)
    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.
    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.
    (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.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 5/6/2022