(a)
- (1) Arkansas Fire and Police Pension Review Board staff shall notify the local plan in writing of its noncompliance and shall inform the local board of the proper benefit levels to be paid.
- (2) Staff will ask the local board to increase payments to underpaid recipients or, if applicable, to file a proper written notice of prorating with the Arkansas Fire and Police Pension Review Board.
(b)
- (1) The local board shall submit a copy of the minutes of the board meeting at which the increase was made or the decision to prorate benefits was adopted.
- (2) The local board shall take this action within six (6) weeks of notification of noncompliance or request in writing a review by the Arkansas Fire and Police Pension Review Board of staff findings.
- (3) This notice must be filed within the same six-week timeframe.
- (c) Back payments for underpaid benefits shall be left to the discretion of the local board and its legal counsel.
(d)
- (1) Any local board which disagrees with the findings of staff regarding the correct level of benefit payments may request, in writing, a hearing before the Arkansas Fire and Police Pension Review Board.
- (2) The Arkansas Fire and Police Pension Review Board shall schedule the hearing during its next regular meeting but may delay the hearing to a later meeting if requested in writing by the local board.
(e) Premium tax turnback to the local plan and the sponsoring location, as described in 24 CAR § 20-1201 et seq., shall be withheld until:
- (1) Staff findings are overturned;
- (2) Compliance is achieved through an increase in benefit payments to their correct level; or
- (3) If applicable, filing a proper written notice of prorating.
- (f) A proper written notice of prorating shall describe the method and amount of proration and shall comply with Arkansas Code § 24-11-416 for police pension funds or Arkansas Code § 24-11-807 for fire pension funds.