Kentucky Statutes 45.240 – Treatment of erroneous payments recovered within 60 days of identification — KRS 45.237 and 45.238 applicable to erroneous payments recovered after 60 days
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(1) Whenever any payment from public money is made in error, or for an amount in excess of the amount found to be properly due and payable, and the payment or excess amount is recovered within sixty (60) days from the date the erroneous or excess payment was identified, the funds shall be allocated to the fund from which the improper payment was expended, the balance in the appropriation from which the payment was made shall be increased by the amount recovered, and the amount recovered shall be deducted from the disbursements from that appropriation.
(2) If the payment or excess amount which is later recovered is in the form of an unnegotiated State Treasurer’s check, said check shall be transmitted direct to the State Treasurer who shall void it. After voiding the check, the State Treasurer shall notify the appropriate agency of the action taken concerning the check.
(3) Whenever any payment from public money is made in error, or for an amount in excess of the amount found to be properly due and payable, and the payment or excess amount is recovered after sixty (60) days from the date the erroneous or excess payment was identified, the provisions set forth in KRS § 45.237 and KRS § 45.238 shall apply, and the funds shall be allocated as provided in those sections.
Effective: July 13, 2004
History: Amended 2004 Ky. Acts ch. 192, sec. 5, effective July 13, 2004. — Amended
1964 Ky. Acts ch. 179, sec. 1. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective
October 1, 1942, from Ky. Stat. sec. 1992b-39.
(2) If the payment or excess amount which is later recovered is in the form of an unnegotiated State Treasurer’s check, said check shall be transmitted direct to the State Treasurer who shall void it. After voiding the check, the State Treasurer shall notify the appropriate agency of the action taken concerning the check.
Terms Used In Kentucky Statutes 45.240
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Appropriation: means an authorization by the General Assembly to expend, from public funds, a sum of money not in excess of the sum specified, for the purposes specified in the authorization and under the procedure prescribed in KRS Chapter 48. See Kentucky Statutes 446.010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(3) Whenever any payment from public money is made in error, or for an amount in excess of the amount found to be properly due and payable, and the payment or excess amount is recovered after sixty (60) days from the date the erroneous or excess payment was identified, the provisions set forth in KRS § 45.237 and KRS § 45.238 shall apply, and the funds shall be allocated as provided in those sections.
Effective: July 13, 2004
History: Amended 2004 Ky. Acts ch. 192, sec. 5, effective July 13, 2004. — Amended
1964 Ky. Acts ch. 179, sec. 1. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective
October 1, 1942, from Ky. Stat. sec. 1992b-39.