Sec. 6.20. ERRONEOUS PAYMENTS OR OVERPAYMENTS. (a) If the pension system pays money to any person not entitled to the payment, whether by reason of an error of the pension system as to entitlement to or the amount of a benefit or otherwise, or an act or error of some other person, including the recipient of the payment, the recipient of the payment holds the funds to which the recipient was not entitled in constructive trust for the pension system and those funds are subject to demand by the pension system at any time.
(b) The recipient of an erroneous payment from the pension system shall repay to the pension system all funds associated with the erroneous payment.
(c) Subject to Subsection (e) of this section, the board may by rule adopt a procedure to enable the pension system to offset the future benefit or other payments of a recipient described by this section. In addition, the board may take any additional action, including the bringing of a lawsuit, the board considers necessary to recover an erroneous payment the pension system is entitled to under this section.
(d) If the pension system determines that a person is entitled to additional benefits as a result of an error made by the pension system, the pension system shall promptly pay the additional benefits owed.
(e) The board's correction procedures must comply with the Internal Revenue Service's Employee Plans Compliance Resolution System and Revenue Procedure 2016-51, including subsequent guidance.
Structure Texas Statutes
Article 6243a-1. Pension System for Police Officers and Firefighters in Certain Cities
Section 6.01. Group a Retirement Pension
Section 6.02. Group B Retirement Pension
Section 6.022. Authority to Reduce Retirement Age
Section 6.03. Disability Benefits
Section 6.035. Disability Benefits for Certain Persons in Uniformed Services
Section 6.04. Calculation of Regular Disability Benefits
Section 6.05. Compensation Benefits for Service-Connected Disability
Section 6.055. Reduction in Disability or Compensation Benefits for Certain Persons
Section 6.06. General Rules Governing Death Benefits
Section 6.061. Prospective Reinstatement of Certain Death Benefits
Section 6.062. Lump-Sum Payment on Death of Certain Members
Section 6.063. Authority to Elect Certain Actuarially Reduced Benefits
Section 6.07. Group a Death Benefits
Section 6.08. Group B Death Benefits
Section 6.09. Qualified Surviving Spouse Special Death Benefit
Section 6.11. Minimum Benefits to Group B Primary Parties and Their Qualified Survivors
Section 6.12. Adjustments to Retirement and Disability Pension Benefits
Section 6.13. Supplement to Certain Recipients 55 Years of Age or Older
Section 6.14. Deferred Retirement Option Plan
Section 6.141. Deferred Annuitization of Certain Drop Accounts
Section 6.15. Medical Examination
Section 6.16. Waiver of Benefits
Section 6.17. Denial of Benefits: Death Caused by Survivor
Section 6.19. Certificate of Member Pension Benefit Eligibility