STATE EMPLOYEES’RETIREMENT SYSTEM, Claimant, v. THE STATE OF ILLINOIS, Respondent.
Case summary
The State Employees' Retirement System claimed $286,004.39 from the Department of Mental Health and Developmental Disabilities for underpaid employee contributions to the retirement system. The court awarded the full amount after the respondent provided sufficient information and explanations, noting that funds could have been transferred from other appropriations.
Statutes cited: Ill. Rev. Stat. 1979, ch. 127, par. 149.2
Cases cited: Butterfield v. State, 24 Ill. Ct. Cl. 85
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Headnotes
- LAPSED AppRoPruATIoNs-employees’ contribution to retirement systemaward granted. Where underpayment of retirement contribution on behalf of employees of Department of Mental Health and Developmental Disabilities resulted when line item was exhausted, award was granted for deficiency since sufficient balances existed in other line items to cover the underpayment if transfers had been timely made.
This cause comes on to be heard on the Respondent’s motion for reconsideration, due notice apparently [*890] having been given, and the Court being fully advised in the premises;
This is a claim by the State Employees’ Retirernent System to recover from the Department of Mental Health and Development Disabilities a portion of the employees’ contribution to the retirement system which was said to have been underpaid by $286,004.39. On December 15, 1982, the Respondent agreed that said sum was due and owing based upon the departmental report and stipulated to the making of an award in the full amount sought. On January 11, 1983, we issued an order placing this claim on general continuance and ordered that more information be provided after noting several inconsistent, inaccurate, or incomplete statements in the departmental report. Respondent has now sufficiently supplied us with the information and explanations we requested. We know now what gave rise to this claim and do concur with the Respondent.
The departmental reports reveal that the balance remaining in the line item appropriation out of which this could have been paid was not sufficient to pay this obligation, but that there was available for transfer, had it been done in time, sufficient balances in other line item appropriations to have covered the cost of this obligation (had the allowable 2%been transferred for that purpose) as allowed by section 13.2 of “An Act relating to internal auditing in State government” (Ill. Rev. Stat. 1979, ch. 127, par. 149.2) and recognized in Butterfield v . State, 24 111. Ct. C1. 85, as sufficient.
It is hereby ordered that the Claimant be awarded, in full satisfaction of any and all claims presented to the State of Illinois under the above captioned cause, the sum of two hundred eighty-six thousand four and 39/100 ($286,004.39).
[*891] ( No . 83-CC-0431-Clainlant awarded $5,750.00.)
BRADY BUCKLEY, Claimant, 0.THE STATE OF ILLINOIS,
Respondent.
Order filed Febnicrry24, 1983.
for Claimant.
J OHN HUFFMAN,
NEIL F. HARTIGAN, Attorney General (WILLIAM E. WEBBER, Assistant Attorney General, of counsel), for Respondent.
ST1PuLATloNs-uwurd grunted-settlement reusonuble. Based on the S t i p l - lation of the State, an award was granted Claimant pursuant to terms of settlement and agreement which was fonnd to he reasonahle and appropriate settlement of dispnte.
POCH, J.
This cause coming on to be heard on the stipulation of the Respondent and the Court being fully advised in the premises, having reviewed the record, finds that the terms of settlement and agreement is a reasonable and appropriate settlement of the dispute between the parties , and agrees that in return for the Claimant’s adherence to the terms of said agreement, both now and in the future, said terms of settlement and agreement being hereby incorporated herein’and being made a part of the terms of this award, does hereby grant this Claimant an award in the amount of five thousand seven hundred fifty and 00/100 ($5,750.00).