Montana Code 19-20-1211. Notices required — initial notice — final staff determination
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.
Terms Used In Montana Code 19-20-1211
- 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
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- board: means the retirement system's governing board provided for in 2-15-1010. 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
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
- Unpaid contributions: means the total amount of all monthly contributions or other contribution amounts not received by the retirement system due to an error. See Montana Code 19-20-1201
(b)The initial notice must:
(i)specify the grounds for the retirement system’s initial determination that an error has occurred;
(ii)specify, to the extent practicable, the amount owed for overpaid benefits or unpaid contributions;
(iii)identify additional documentation or information, if any, required to be provided to the retirement system for a final staff determination; and
(iv)provide an opportunity for the noticed party or parties to submit additional documentation or information they believe is relevant to the retirement system’s determination.
(2)(a) Unless additional time is required for good cause, the retirement system shall issue a final staff determination within 180 days after the date the initial notice was issued.
(b)The final staff determination must specify the process required for a party to appeal the final staff determination to the retirement board.
(3)Notice provided pursuant to this section may be provided to multiple persons or entities as a standardized notice directed to multiple recipients.