49-11-607 - Determination of benefits -- Errors in records or calculations -- Correction of errors by the office. - Utah Statutes

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Statutes > Utah > Title-49 > Chapter-11 > 49-11-607

49-11-607. Determination of benefits -- Errors in records or calculations --Correction of errors by the office.
(1) After the retirement date, which shall be set by a member in the member's applicationfor retirement, no alteration, addition, or cancellation of a benefit may be made except asprovided in Subsections (2), (3), and (4) or other law.
(2) (a) Errors in the records or in the calculations of the office which result in anincorrect benefit to any member, retiree, participant, covered individual, alternate payee, orbeneficiary shall be corrected by the office if the correction results in a modification of thebenefit amount of $1 or more.
(b) Future payments shall be made to any member, retiree, participant, coveredindividual, alternate payee, or beneficiary to:
(i) pay the benefit to which the member or beneficiary was entitled; or
(ii) recover any overpayment.
(3) (a) Errors in the records or calculation of a participating employer which result in anincorrect benefit to a member, retiree, participant, covered individual, alternate payee, orbeneficiary shall be corrected by the participating employer.
(b) If insufficient employer contributions have been received by the office, theparticipating employer shall pay any delinquent employer contributions, plus interest underSection 49-11-503, required by the office to maintain the system, plan, or program affected on anactuarially sound basis.
(c) If excess contributions have been received by the office, the contributions shall berefunded to the participating employer or member which paid the contributions.
(4) If a dispute exists between a participating employer and a member at the time of themember's retirement which will affect the member's benefit calculation, and notice of the disputeis given to the office prior to the calculation of a member's benefit, the benefit may be paid basedon the member's retirement date and the records available and then recalculated upon settlementof the dispute.

Amended by Chapter 240, 2003 General Session

State Codes and Statutes

Statutes > Utah > Title-49 > Chapter-11 > 49-11-607

49-11-607. Determination of benefits -- Errors in records or calculations --Correction of errors by the office.
(1) After the retirement date, which shall be set by a member in the member's applicationfor retirement, no alteration, addition, or cancellation of a benefit may be made except asprovided in Subsections (2), (3), and (4) or other law.
(2) (a) Errors in the records or in the calculations of the office which result in anincorrect benefit to any member, retiree, participant, covered individual, alternate payee, orbeneficiary shall be corrected by the office if the correction results in a modification of thebenefit amount of $1 or more.
(b) Future payments shall be made to any member, retiree, participant, coveredindividual, alternate payee, or beneficiary to:
(i) pay the benefit to which the member or beneficiary was entitled; or
(ii) recover any overpayment.
(3) (a) Errors in the records or calculation of a participating employer which result in anincorrect benefit to a member, retiree, participant, covered individual, alternate payee, orbeneficiary shall be corrected by the participating employer.
(b) If insufficient employer contributions have been received by the office, theparticipating employer shall pay any delinquent employer contributions, plus interest underSection 49-11-503, required by the office to maintain the system, plan, or program affected on anactuarially sound basis.
(c) If excess contributions have been received by the office, the contributions shall berefunded to the participating employer or member which paid the contributions.
(4) If a dispute exists between a participating employer and a member at the time of themember's retirement which will affect the member's benefit calculation, and notice of the disputeis given to the office prior to the calculation of a member's benefit, the benefit may be paid basedon the member's retirement date and the records available and then recalculated upon settlementof the dispute.

Amended by Chapter 240, 2003 General Session

State Codes and Statutes

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State Codes and Statutes

Statutes > Utah > Title-49 > Chapter-11 > 49-11-607

49-11-607. Determination of benefits -- Errors in records or calculations --Correction of errors by the office.
(1) After the retirement date, which shall be set by a member in the member's applicationfor retirement, no alteration, addition, or cancellation of a benefit may be made except asprovided in Subsections (2), (3), and (4) or other law.
(2) (a) Errors in the records or in the calculations of the office which result in anincorrect benefit to any member, retiree, participant, covered individual, alternate payee, orbeneficiary shall be corrected by the office if the correction results in a modification of thebenefit amount of $1 or more.
(b) Future payments shall be made to any member, retiree, participant, coveredindividual, alternate payee, or beneficiary to:
(i) pay the benefit to which the member or beneficiary was entitled; or
(ii) recover any overpayment.
(3) (a) Errors in the records or calculation of a participating employer which result in anincorrect benefit to a member, retiree, participant, covered individual, alternate payee, orbeneficiary shall be corrected by the participating employer.
(b) If insufficient employer contributions have been received by the office, theparticipating employer shall pay any delinquent employer contributions, plus interest underSection 49-11-503, required by the office to maintain the system, plan, or program affected on anactuarially sound basis.
(c) If excess contributions have been received by the office, the contributions shall berefunded to the participating employer or member which paid the contributions.
(4) If a dispute exists between a participating employer and a member at the time of themember's retirement which will affect the member's benefit calculation, and notice of the disputeis given to the office prior to the calculation of a member's benefit, the benefit may be paid basedon the member's retirement date and the records available and then recalculated upon settlementof the dispute.

Amended by Chapter 240, 2003 General Session