A. If an error or omission results in overpayment to a member or beneficiary of a member, the association shall correct the error or omission and adjust all future payments accordingly. The association shall recover all overpayments made for a period of up to one year prior to the date the error or omission was discovered.
B. A person who is paid more than the amount that is lawfully due him as a result of fraudulent information provided by the member or beneficiary shall be liable for the repayment of that amount to the association plus interest on that amount at the rate set by the board plus all costs of collection, including attorney fees if necessary. Recovery of such overpayment shall extend back to the date the first payment was made based on the fraudulent information.
C. Statements of fact or law made by board members or employees of the board or the association shall not estop the board or the association from acting in accordance with the applicable statutes.
History: Laws 1995, ch. 115, § 5; 1997, ch. 189, § 14.
The 1997 amendment, effective June 20, 1997, in Subsection A, in the first sentence, deleted "in an application or its supporting documents" preceding "results" and added the language beginning "the association" and made a stylistic change in Subsection B.
Structure 2021 New Mexico Statutes
Chapter 10 - Public Officers and Employees
Article 12B - Judicial Retirement
Section 10-12B-1 - Short title.
Section 10-12B-2 - Definitions.
Section 10-12B-3 - Judicial retirement fund established; administration of fund; accounting funds.
Section 10-12B-4 - Membership.
Section 10-12B-6 - Refund of contributions.
Section 10-12B-8 - Age and service credit requirements for normal retirement.
Section 10-12B-9 - Amount of pension.
Section 10-12B-10 - Member contributions; tax treatment.
Section 10-12B-11 - Employer contributions.
Section 10-12B-12 - Early retirement.
Section 10-12B-13 - Disability retirement pension.
Section 10-12B-14 - Survivor's pension.
Section 10-12B-14.1 - Election form of pension.
Section 10-12B-14.2 - Form of pension payment.
Section 10-12B-14.3 - Death before retirement; survivor pension.
Section 10-12B-15 - Cost-of-living adjustment.
Section 10-12B-16 - Group insurance; continuation.
Section 10-12B-17 - Suspension or forfeiture of benefits.
Section 10-12B-18 - Adjustment of pension.
Section 10-12B-19 - Corrections of errors and omissions; estoppel.