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HB 1209

FOR THE PROPER ADMINISTRATION OF BENEFITS BY THE ARKANSAS JUDICIAL RETIREMENT SYSTEM REGARDING THE SUBJECTION OF ANNUITY RIGHTS TO PROCESS OF LAW AND CORRECTION OF ERRORS.

2025 Regular Session Introduced by Ben Gilmore and 1 co-sponsor

Act 129 protects Arkansas Judicial Retirement benefits from legal claims, ensures accurate payments, and allows corrections for errors, benefiting retirees and their families.

Notification that HB1209 is now Act 129
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WeVote Research Nonpartisan
Bill Summary · HB 1209

Summary of House Bill 1209 (Act 129)

Purpose and Intent

House Bill 1209, now known as Act 129, aims to enhance the administration of benefits under the Arkansas Judicial Retirement System. The bill addresses two primary issues: the subjection of annuity rights to legal processes and the correction of errors related to benefit payments. The intent is to ensure clarity and efficiency in managing retirement benefits for judicial employees.

Key Provisions

The bill introduces several significant changes to the Arkansas Code, specifically in Title 24, Chapter 8, Subchapter 1:

1. Subjection of Annuity Rights

  • Protection from Legal Processes: The bill stipulates that the rights to annuities, accumulated contributions, and other benefits under the Arkansas Judicial Retirement System are protected from execution, garnishment, attachment, and bankruptcy laws. These rights are unassignable unless explicitly stated in the law.
  • Exceptions:
    • Claims arising from embezzlement or fraud by a member, retiree, or beneficiary may allow an employer to set off funds.
    • Courts can order monthly benefits to be paid into the court registry if a retiree fails to support minor dependents as mandated by a court order.

2. Correction of Errors

  • Error Correction Protocol: If a record error results in a retiree receiving incorrect benefits, the Executive Director of the Arkansas Judicial Retirement System is required to:
    • Correct the error.
    • Adjust future payments to reflect the correct benefit amount.
  • Recovery of Overpayments:
    • The system can recover overpayments made to individuals within five years of the last overpayment notification.
    • If the overpayment is identified after five years, recovery is only possible if it resulted from intentional misconduct or gross negligence by the recipient.
  • Underpayment Adjustments: Individuals identified as having received underpayments will receive a lump sum for the total underpayment and subsequent payments will be adjusted accordingly.

Affected Parties

This legislation primarily impacts:
- Members and retirees of the Arkansas Judicial Retirement System.
- Beneficiaries of judicial employees.
- Courts and entities involved in the administration of judicial retirement benefits.

Procedural Aspects

  • Emergency Clause: The bill includes an emergency clause, allowing it to take effect immediately upon approval by the Governor or after the veto period if not acted upon.
  • Legislative Timeline:
    • Introduced on January 23, 2025.
    • Passed through various legislative stages, including committee reviews and votes, before being enacted as Act 129 on February 20, 2025.

Conclusion

Act 129 represents a significant update to the Arkansas Judicial Retirement System, aiming to protect the rights of retirees while ensuring the accuracy and fairness of benefit distributions. The provisions for error correction and legal protections are designed to enhance the integrity of the retirement system and safeguard the interests of its participants.

Compiled from official sources — confirm details with the bill’s official record.

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