(a)
(1) Arkansas Fire and Police Pension Review Board staff shall:
- (A) Notify the local plan in writing of its noncompliance; and
- (B) Inform the local board of the proper benefit levels to be paid.
(2) Staff will ask the local board to:
- (A) Decrease payments to overpaid recipients to the correct levels; or
- (B) File a written request with the Arkansas Fire and Police Pension Review Board for a review of staff findings.
(b)
- (1) The local board shall submit a copy of the minutes of the board meeting at which the rollback was made or the request for a review by the Arkansas Fire and Police Pension Review Board of staff findings was approved.
- (2) The local board shall take this action within six (6) weeks of notification of noncompliance.
- (c) Recovery of overpaid 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; or
- (2) Compliance is achieved through a rollback in benefit payments to their correct level.