Montana Code 19-20-1205. Recovery of overpayments
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:
Terms Used In Montana Code 19-20-1205
- 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. See Montana Code 19-20-1201
- Benefit recipient: means a benefit recipient as defined in 19-20-101, an alternate payee, or any other person or entity that is entitled to a future payment or that received an overpayment on behalf of the member. See Montana Code 19-20-1201
- Employer: means :
(a)the state of Montana;
(b)a public school district, as provided in 20-6-101 and 20-6-701;
(c)the office of public instruction;
(d)the board of public education;
(e)an education cooperative;
(f)the Montana school for the deaf and blind, as described in 20-8-101;
(g)the Montana youth challenge program, as defined in 10-1-101;
(h)a correctional facility, as defined in 41-5-103;
(i)the Montana university system;
(j)a community college; or
(k)any other agency, political subdivision, or instrumentality of the state that employs a person who is designated a member of the retirement system pursuant to 19-20-302. See Montana Code 19-20-101
- Error: means any of the following, whether or not intended, that has resulted in or may result in the retirement system paying more or less on behalf of a member than is authorized to be paid or in the retirement system receiving more or less in contributions than is required to be paid to the retirement system pursuant to plan terms:
(a)a clerical mistake;
(b)a failure to fully and correctly perform a required act or provide required information;
(c)an assertion or other representation of fact or circumstance that is not complete and accurate; or
(d)an incorrect understanding, construction, or application of plan terms or other applicable law or policy. See Montana Code 19-20-1201
- overpayment: means the total amount of all monthly retirement benefits or other amounts paid by the retirement system on behalf of a member due to an error. See Montana Code 19-20-1201
- retirement benefit: means a monthly payment due to a retired member who has qualified for service or disability retirement or due to a joint annuitant or beneficiary. See Montana Code 19-20-101
(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 the benefit recipient.
(2)If an overpayment resulted from or was furthered by an employer‘s error, the employer is jointly and severally liable for all amounts owed to the retirement system for the overpayment.