34 Tex. Admin. Code § 35.1 - Payment Error
(a) If any error in
the records, including errors caused by the administrative process, results in
any member, retiree, beneficiary, or alternate payee, as that term is defined
under Chapter 804 of the Government Code, including an alternate payee under
§
804.005 of the
Government Code, receiving more or less than the recipient would have been
entitled to receive had the records been correct, the Teacher Retirement System
of Texas (TRS) shall correct such error and so far as practicable shall adjust
any future payment in such a manner that the actuarial equivalent of the
benefit to which the recipient was correctly entitled will be paid. The
adjustment may be made to one or more future payments or to payments for as
long as the life of the recipient, at the discretion of TRS.
(b) If no future payments are due, TRS may
recover an overpayment in any manner that would be permitted for the collection
of any other debt.
(c) TRS may
correct an overpayment of benefits to a person entitled to receive payments
from TRS by the method described in subsection (a) of this section only for an
overpayment made during the three years preceding the date TRS discovers or
discovered the overpayment.
(d) TRS
may not recover from a person entitled to receive payments from TRS any
overpayment made more than three years before the discovery of the
overpayment.
(e) The limitations in
subsections (c) and (d) of this section do not apply to an overpayment that a
reasonable person should know the person is not entitled to receive.
(f) This section and §
802.1024 and §
802.1025 of the
Government Code do not apply to the collection of any payment made after the
death of an annuitant if such payment was not due because of the death of the
annuitant but was paid because TRS did not discover or receive notice of the
annuitant's death.
Notes
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