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AR SB143
Bill
Status
4/25/2019
Primary Sponsor
Eddie Cheatham
Click for details
AI Summary
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Adds definition of "manifest injustice" to Arkansas Code § 24-6-201 as obvious unfairness with direct and observable unconscionable effect resulting from a technical or judgment error made by the system, benefit participant, or employer.
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Allows the Board of Trustees of the State Police Retirement System to waive or modify rules, provisions, or laws that do not violate federal law or jeopardize the tax-qualified status of the system to correct or prevent manifest injustice.
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Requires the system to consider six factors when determining manifest injustice: degree of fault, ambiguity in interpretation, cost-benefit analysis of correction, whether expedited decision serves public interest, fundamental fairness of remedy, and whether status quo would result in unconscionable outcome.
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Applies retroactively to January 1, 2017.
Legislative Description
To Define "manifest Injustice"; And To Amend The Law Concerning The Board Of Trustees Of The State Police Retirement System.
Last Action
Sine Die adjournment
4/25/2019