2013 Nebraska Revised Statutes
Chapter 79 - SCHOOLS
79-904.01 - Board; power to adjust contributions and benefits; repayment of benefit.
79-904.01. Board; power to adjust contributions and benefits; repayment of benefit.
(1) If the board determines that the retirement system has previously received contributions or distributed benefits which for any reason are not in accordance with the statutory provisions of the School Employees Retirement Act, the board may refund contributions, require additional contributions, adjust benefits, or require repayment of benefits paid. In the event of an overpayment of a benefit, the board may, in addition to other remedies, offset future benefit payments by the amount of the prior overpayment, together with regular interest thereon. In the event of a material underpayment of a benefit, the board shall immediately make payment equal to the deficit amount plus regular interest.
(2) If the board determines that termination of employment has not occurred and a retirement benefit has been paid to a member of the retirement system pursuant to section 79-933, such member shall repay the benefit to the retirement system.
(3) The board shall adopt and promulgate rules and regulations implementing this section, which shall include, but not be limited to, the following: (a) The procedures for refunding contributions, adjusting future contributions or benefit payments, and requiring additional contributions or repayment of benefits; (b) the process for a member, member's beneficiary, employee, or employer to dispute an adjustment of contributions or benefits; and (c) notice provided to all affected persons. All notices shall be sent at the time of or prior to an adjustment and shall describe the process for disputing an adjustment of contributions or benefits.
(4) The board shall not refund contributions made on compensation in excess of the limitations imposed by subdivision (35) of section 79-902.
Source
- Laws 1996, LB 1076, § 30;
Laws 2011, LB509, § 20;
Laws 2013, LB263, § 14.
Effective Date: April 25, 2013
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