AR HB1209

Annuity rights, accumulated contributions, and all moneys belonging to the Arkansas Judicial Retirement System are protected from execution, garnishment, attachment, bankruptcy proceedings, and other legal processes, and cannot be assigned except as specifically provided in the chapter.

Exceptions allow employers to exercise setoff rights for claims arising from embezzlement or fraud by members, retirees, or beneficiaries, and courts may redirect a retiree's monthly benefits to support minor dependent children when the retiree willfully violates a child support order.

The Executive Director must correct any record errors and adjust payments to provide the actuarial equivalent of benefits the person was entitled to receive.

Overpayments may be recovered if the person is notified within 5 years of the last overpayment; overpayments discovered after 5 years can only be recouped if caused by intentional nondisclosure, fraud, misrepresentation, or gross negligence.

Underpayments must be paid in a lump sum regardless of when discovered, and the act includes an emergency clause making it effective upon Governor approval on February 20, 2025.