All Roll Calls
Yes: 133 • No: 0
ArkansasHB12092025 Regular SessionHouseWALLET
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.
Sponsored By: Ben Gilmore (Republican), Les Warren (Republican)
Enacted
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Bill Overview
Analyzed Economic Effects
2 provisions identified: 0 benefits, 0 costs, 2 mixed.
Arkansas judicial pension errors trigger payment corrections
The Arkansas Judicial Retirement System’s director must correct record changes or errors that cause incorrect benefit payments. Adjustments must preserve the correct benefit’s value using actuarial calculations, as far as fair and practical. To recover overpayments, the system must identify them and notify the recipient within five years after the last overpayment. Later recovery is allowed only for overpayments caused by the recipient’s intentional nondisclosure, fraud, misrepresentation, or gross negligence. Underpayments must be paid in one lump sum, with no time limit for finding the error. Future payments must be corrected in both cases. The law takes effect immediately upon governor approval, expiration of the veto period without action, or the final veto override.
Arkansas judicial pensions protected, with exceptions
The law protects Arkansas judicial pension rights, payments, returned contributions, other covered rights, and plan money from legal seizure. This includes garnishment, attachment, bankruptcy, insolvency, and other legal processes. Covered rights cannot be transferred to someone else except as the retirement law allows. To collect court expenses, an employer or court-funding entity may offset claims for a member’s, retiree’s, or beneficiary’s embezzlement or fraud. An Arkansas court may direct monthly benefits into a court-held account for distribution as it finds fair and proper. This requires a finding that the retiree willfully refuses or fails to support minor dependent children, violating a support order.
Sponsors & Cosponsors
Sponsors
Ben Gilmore
Republican • Senate
Les Warren
Republican • House
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
Senate vote • 2/17/2025
Senate Vote - Monday, February 17, 2025 2:57:08 PM
Yes: 34 • No: 0
House vote • 2/13/2025
House Vote - Thursday, February 13, 2025 1:47:06 PM
Yes: 99 • No: 0
Actions Timeline
Notification that HB1209 is now Act 129
2/20/2025HouseCorrectly enrolled and ordered transmitted to the Governor's Office.
2/18/2025HouseTO BE ENROLLED
2/17/2025HouseReturned from the Senate as passed.
2/17/2025HouseReturned to the House as passed.
2/17/2025SenateEMERGENCY CLAUSE ADOPTED
2/17/2025SenateRead the third time and passed.
2/17/2025SenateRead the first time, rules suspended, read the second time and placed on the calendar.
2/13/2025SenateReceived from the House.
2/13/2025SenateEMERGENCY CLAUSE ADOPTED
2/13/2025HouseRead the third time and passed and ordered transmitted to the Senate.
2/13/2025HouseReturned by the Committee Do Pass
2/11/2025HouseRead the first time, rules suspended, read the second time and referred to the Committee on PUBLIC RETIREMENT & SOCIAL SECURITY PROGRAMS-JOINT
1/23/2025HouseFiled
1/23/2025House
Bill Text
HB1209 - Introduced
1/23/2025
Act Version
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