[§88-106.5]  Compromise and settlement. 
The board may compromise or settle any claim for benefits under this chapter;
provided that, if the compromise or settlement would result in a person
receiving benefits that the person would not otherwise, as a matter of law, be
entitled to receive, the compromise or settlement shall be subject to the
approval of the attorney general and may be made only if:



(1)  The settlement or compromise relates to or arises
out of a representation made to a member concerning the member's eligibility
for benefits under this chapter;



(2)  The representation:



(A)  Was made in writing by an employee of the
system with authority to make representations on behalf of the system as to
amounts of and eligibility for benefits under this chapter; and



(B)  Was erroneous as to the amount or class of
credited service to which the member was entitled;



(3)  The member, in good faith and reasonable reliance
on the representation, retired or terminated the member's status as an employee
or the member's membership in the system; and



(4)  The settlement or compromise will prevent
manifest injustice. [L 2005, c 57, §1]



 



Note



 



  Applies to claims arising on or after May 17, 2005.  L 2005,
c 57, §3.