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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
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Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Is there a deadline public pension fund to correct for

Customer Question

is there a deadline for a public pension fund to correct for past overpayments of annuities?
Submitted: 2 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, under the IL law and case law, the plan administrators have been held to have an ongoing duty to the fund and to collect any money overpaid in error and as long as the member is under the plan they may adjust the plan for over payments. Now, the IL courts have recognized unreasonable delay and allowed a pensioner to claim laches, meaning that the plan waited so long after knowing of the over payment to the prejudice of the pensioner. However, if the plan proves they only just reasonably discovered the over payment they can continue to seek to collect to make the correction.
There is no statute of limitations on this under the IL law.