19-20-1201. Definitions. As used in this part, the following definitions apply: (1) ”Amount owed” means the total amount of overpaid benefits or unpaid contributions plus accrued interest as provided in 19-20-1206 and costs and fees awarded as provided in 19-20-1214. (2) ”Benefit recipient” means a benefit recipient as defined in 19-20-101, an alternate payee, or any other person […]
19-20-1202. Correction of errors. The retirement system shall correct errors and, as far as practicable, shall: (1) in the case of underpaid benefits, adjust future benefit payments so the actuarial equivalent of the benefit to which the member or benefit recipient is correctly entitled will be paid; (2) in the case of overpaid contributions, refund the excess contributions; […]
19-20-1203. Recovery of unpaid employer contributions. An amount owed for unpaid employer contributions must be paid to the retirement system by the employer and is not subject to reduction for any reason. History: En. Sec. 3, Ch. 210, L. 2015.
19-20-1204. Recovery of unpaid employee contributions. (1) An amount owed for unpaid employee contributions must be paid to the retirement system by the employer if, at the time the contributions were due, the employer was legally required to pick up and remit the contributions to the retirement system on behalf of the member pursuant to 19-20-602(3)(a) […]
19-20-1205. Recovery of overpayments. (1) Subject to subsection (2), an amount owed to the retirement system for overpaid benefits must be recovered as follows: (a) from any retirement benefit or other amount payable by the retirement system to a benefit recipient; or (b) through repayment by a benefit recipient who received an overpayment or by the estate of […]
19-20-1206. Interest on overpayments and unpaid contributions. (1) Except as provided in subsection (2), overpaid benefits and unpaid contributions accrue interest at the retirement system’s actuarially assumed annual rate of return, compounded monthly. Interest accrues beginning on the date that the first erroneous payment was made or that the contributions were first due and continues to […]
19-20-1207 through 19-20-1210 reserved.
19-20-1211. Notices required — initial notice — final staff determination. (1) (a) Before taking action to correct an error or recover overpaid benefits or unpaid contributions, the retirement system shall provide a written initial notice to any person or entity from whom the overpayment or unpaid contributions may be recovered. (b) The initial notice must: (i) specify the grounds […]
19-20-1212. Recovery methods. (1) The retirement system may use any or all of the following methods to recover amounts owed from a member or benefit recipient: (a) accept a lump-sum payment; (b) accept installment payments; (c) accept a rollover payment from a member; (d) actuarially adjust monthly benefit payments; (e) withhold up to 50% of each monthly benefit payment; (f) withhold up […]
19-20-1213. Retirement system’s discretion — priority right to recover. (1) Nothing in this part is intended to prohibit retirement system staff from working informally with an employer, a member, or a benefit recipient to mutually resolve an error and recover amounts owed to the retirement system prior to the retirement system taking formal action as provided […]
19-20-1214. Costs and fees for recovering amounts owed. (1) Unless an overpayment or unpaid contributions resulted solely from an error of the retirement system, in any contested case or other civil proceeding for correction of an error or recovery of an overpayment or unpaid contributions, the retirement system is entitled to the costs enumerated in 25-10-201 […]
19-20-1215. Statute of limitations. (1) If overpaid benefits or unpaid contributions resulted solely from an error made by the retirement system, the retirement system may recover amounts owed for overpayments or unpaid contributions only for benefits or other amounts actually paid by the retirement system or for contributions that were actually due in the timeframe beginning […]
