Sharp v. The Board of Trustees of the State Employees’ Retirement System

Illinois Appellate Court
Civil Court
Pensions
Citation
Case Number: 
2014 IL App (4th) 130125
Decision Date: 
Monday, January 13, 2014
District: 
4th Dist.
Division/County: 
Sangamon Co.
Holding: 
Affirmed.
Justice: 
KNECHT
Plaintiff retired from State employment, and Defendants (SURS) approved his monthly pension, but then notified Plaintiff that they had calculated his pension using wrong formula, and would reduce his monthly pension and would collect overpayment. Legislature expressly granted SURS authority to correct a mistake in benefits at any time, but not to fix errors in its pension calculations beyond the 35-day period provided for by Administrative Review Law. (TURNER and STEIGMANN, concurring.)