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AR SB143

Bill

Status

Failed

4/25/2019

Primary Sponsor

Eddie Cheatham

Click for details

Origin

Senate

92nd General Assembly (2019 Regular)

AI Summary

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Public Retirement & Social Security Programs1/22/2019

Full Bill Text

No bill text available