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A resolution approving the Benefit Board's waiver of repayment of pension benefit overpayments for pensioners under section 3.08.230 of the Metropolitan Code.
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WHEREAS, the Metropolitan Council has adopted an employee benefit plan that is administered by the Metropolitan Employee Benefit Board; and,
WHEREAS, Metropolitan Code section 3.08.230(A) provides that if "error results in any member or beneficiary receiving from the system more or less than he would ... [have] been entitled to receive ... had the error not been made, the board, upon discovery of such error shall correct the error by adjusting, as far as practicable, the payments in such manner that the benefits to which the member or beneficiary was correctly entitled shall be paid"; and,
WHEREAS, Metropolitan Code section 3.08.230(A) further provides that "[i]n the event a member or beneficiary receives more pension benefit than he was entitled to receive, the board shall collect, by way of reducing pension payments or through a lump sum repayment, only the amount overpaid during the one-year period prior to discovery by the benefit board of ... such error which resulted in the pension overpayment"; and,
WHEREAS, the Metropolitan Employee Benefit Board has determined that as a result of a calculation process error, the eleven (11) pensioners set forth in Exhibit A attached hereto, have received greater pension benefits than they were entitled to receive; and,
WHEREAS, Metropolitan Code section 3.08.230(C) states: "Repayment of any amount overpaid to any member or beneficiary may be waived by the board where such overpayment was made through error committed by the board's staff and the board determines that the member or beneficiary: 1. Was without fault or knowledge of the error; 2. Did not participate in or induce the additional payment; 3. Had no way under the circumstances to know or, by the exercise of reasonable diligence, to know that an overpayment had been made; and 4. Would, due to ...
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