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:
(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.
History: En. Sec. 5, Ch. 210, L. 2015.
Structure Montana Code Annotated
Title 19. Public Retirement Systems
Chapter 20. Teachers' Retirement
Part 12. Unpaid Contributions and Overpayments
19-20-1202. Correction of errors
19-20-1203. Recovery of unpaid employer contributions
19-20-1204. Recovery of unpaid employee contributions
19-20-1205. Recovery of overpayments
19-20-1206. Interest on overpayments and unpaid contributions
19-20-1207. through 19-20-1210 reserved
19-20-1211. Notices required -- initial notice -- final staff determination
19-20-1213. Retirement system's discretion -- priority right to recover