2010 Pennsylvania Code
Title 24 - EDUCATION
Chapter 83 - Membership, Contributions and Benefits
8303.1 - Waiver of adjustments.

     § 8303.1.  Waiver of adjustments.
        (a)  Allowance.--Upon appeal by an affected member,
     beneficiary or survivor annuitant, the board may waive an
     adjustment or any portion of an adjustment made under section
     8534(b) (relating to fraud and adjustment of errors) if in the
     opinion of the board or the board's designated representative:
            (1)  the adjustment or portion of the adjustment will
        cause undue hardship to the member, beneficiary or survivor
        annuitant;
            (2)  the adjustment was not the result of erroneous
        information supplied by the member, beneficiary or survivor
        annuitant;
            (3)  the member had no knowledge or notice of the error
        before adjustment was made, and the member, beneficiary or
        survivor annuitant took action with respect to their benefits
        based on erroneous information provided by the system; and
            (4)  the member, beneficiary or survivor annuitant had no
        reasonable grounds to believe the erroneous information was
        incorrect before the adjustment was made.
        (b)  Time period.--In order to obtain consideration of a
     waiver under this section, the affected member, beneficiary or
     survivor annuitant must appeal to the board in writing within 30
     days after receipt of notice that benefits have been adjusted
     or, if no notice was given, within 30 days after the adjustment
     was known or should have been known to the affected member,
     beneficiary or survivor annuitant. For any adjustments made
     prior to the effective date of this subsection for which the
     member, beneficiary or survivor annuitant appealed to the board
     and was denied, an appeal under this section must be filed
     within 90 days of the effective date of this subsection.
     (June 18, 1998, P.L.685, No.88, eff. imd.)

        1998 Amendment.  Act 88 added section 8303.1.