(a) Should any change or error in records result in any member or beneficiary receiving from the teachers' retirement system more or less than the member or beneficiary would have been entitled to receive had the records been correct, then upon discovery of any such error the Teachers' Retirement Board shall notify the member or beneficiary affected. The board shall, to the extent feasible, adjust the member's or beneficiary's payments so that the member or beneficiary is paid the actuarial equivalent of the benefit he or she was correctly entitled to be paid. If such error or adjustment results in any member or beneficiary receiving less than he or she is eligible to receive, such member or beneficiary may elect to have such benefit paid in a single payment. The board may grant a request for a reimbursement of overdraft charges incurred by a member or beneficiary that resulted from an error in benefit payments, provided the member or beneficiary makes a request for such reimbursement in writing to the board not later than the last business day of the month after the error occurred.
(b) If a member or beneficiary has been overpaid through no fault of his or her own, and the member or beneficiary could not reasonably have been expected to detect the error, the board may waive any repayment which it determines would cause hardship.
(c) Upon determination by the board that any person has erroneously been included in membership in the teachers' retirement system, contributions and interest credited under the provisions of this chapter shall be refunded and records of related service voided.
(d) Upon determination that the board has invoiced a member for the purchase of additional credited service in an amount in excess of that permitted by law, and such member has paid the invoiced amount, the amount of the overpayment shall be refunded to such member with interest at a rate equal to the average of interest rates for the most recent ten-year period from the date of the member's retirement to the date such amount is refunded.
(e) Upon determination by the board that a member received, on or after November 1, 2008, an estimate of benefits statement from the board that contained a material error, the board shall pay the member the benefits set forth in such estimate if the board determines that (1) the member could not reasonably have been expected to detect such error, and (2) the member, in reliance upon such estimate, irrevocably submitted (A) his or her resignation to the employing board of education, and (B) a formal application of retirement to the board. For purposes of this subsection, “material error” means an error that amounts to a difference of ten per cent or greater between the estimated retirement benefits and the actual retirement benefits to which such member would otherwise be entitled.
(P.A. 83-397, S. 1, 2; P.A. 97-301, S. 6, 10; P.A. 10-57, S. 3; June 12 Sp. Sess. P.A. 12-2, S. 53; P.A. 22-118, S. 185.)
History: P.A. 97-301 added Subsecs. (d) and (e), effective September 1, 1997; P.A. 10-57 added Subsec. (f) re payment of benefits when member receives estimate of benefits statement containing a material error; June 12 Sp. Sess. P.A. 12-2 made a technical change in Subsec. (f); P.A. 22-118 amended Subsec. (a) to replace provision re board to correct error and as far as practicable adjust payments with provision re board to adjust payments to the extent feasible and to add provision re granting of request for reimbursement of overdraft charges, amended Subsec. (b) to replace “believes” with “determines”, deleted Subsec. (e) re member determined not to have purchased additional invoiced credited service in amount in excess of that permitted by law, redesignated existing Subsec. (f) as new Subsec. (e), and made technical and conforming changes, effective July 1, 2022.
Structure Connecticut General Statutes
Title 10 - Education and Culture
Chapter 167a - Teachers' Retirement System
Section 10-183aa. - Disability allowance.
Section 10-183b. - Definitions.
Section 10-183bb. - Suspension or reduction of retirement income payments during disability.
Section 10-183c. - Teachers' retirement system established. Benefits contractual.
Section 10-183cc. - Payments on behalf of minor or legally incapable payees.
Section 10-183d. - Members of association to become members of system.
Section 10-183dd. - Retirement contributions; quarterly allocations.
Section 10-183e. - Credited service.
Section 10-183ee. - Unclaimed contributions. Procedure for claiming.
Section 10-183f. - Benefit eligibility.
Section 10-183g. - Benefit rates. Commencing and ending dates.
Section 10-183gg. - Part-time service. Determination of benefits.
Section 10-183h. - Death benefits.
Section 10-183hh. - Credit for certain service as a school nurse.
Section 10-183i. - Member's voluntary contributions. Limitations.
Section 10-183ii. - Mailing date for benefit checks. Electronic transmission of benefit payments.
Section 10-183jj. - Retirement incentive plans for teachers.
Section 10-183k. - Termination of service prior to retirement.
Section 10-183kk. - Employer pick up of mandatory contributions commencing July 1, 1991.
Section 10-183l. - Teachers' Retirement Board. Valuation of fund.
Section 10-183m. - Custody of funds.
Section 10-183mm. - Continuation of membership during service as elected official.
Section 10-183n. - Duties of teachers' employers. Transmission of deductions.
Section 10-183o. - Payments to retirement board for persons in armed forces.
Section 10-183oo. - Subsidy for certain members.
Section 10-183pp. - Benefits readjusted for certain members.
Section 10-183q. - Funds not assignable and exempt from attachment. Alternate payee.
Section 10-183rr. - No credit for improperly certified teacher.
Section 10-183s. - Reimbursement of municipalities.
Section 10-183ss. - Electronic direct deposit of pension payments.
Section 10-183t. - Health insurance.
Section 10-183u. - Participation in hospital insurance benefits under Social Security Act.
Section 10-183v. - Reemployment of teachers.
Section 10-183w. - Retirement at age seventy. Exception.
Section 10-183x. - Benefits under prior law preserved.
Section 10-183y. - Appeal to board for reconsideration.
Section 10-183z. - Funding of system on actuarial reserve basis. Use of funds.