78th Texas Legislature, Regular Session, House Bill 258, Chapter 416 Page: 1 of 4
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CHAPTER 416 H.B. No. 258
1 AN ACT
2 relating to correcting errors in the distribution of benefits by a
3 public retirement system.
4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
5 SECTION 1. Subchapter B, Chapter 802, Government Code, is
6 amended by adding Section 802.1024 to read as follows:
7 Sec. 802.1024. CORRECTION OF ERRORS. (a) Except as
8 provided by Subsection (b), if an error in the records of a public
9 retirement system results in a person receiving more or less money
10 than the person is entitled to receive under this subtitle, the
11 governing body of the retirement system shall correct the error and
12 so far as practicable adjust any future payments so that the
13 actuarial equivalent of the benefit to which the person is entitled
14 is paid. If no future payments are due, the governing body of the
15 retirement system may recover the overpayment in any manner that
16 would be permitted for the collection of any other debt.
17 (b) Except as provided by Subsection (c), a public
18 retirement system:
19 (1) may correct the overpayment of benefits to a
20 person entitled to receive payments from the system by the method
21 described by Subsection (a) only for an overpayment made during the
22 three years preceding the date the governing body of the system
23 discovers or discovered the overpayment; and
24 (2) may not recover from the recipient any overpayment1
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Texas. Legislature. House of Representatives. 78th Texas Legislature, Regular Session, House Bill 258, Chapter 416, legislative document, 2003-05/2003-06; [Austin, Texas]. (https://texashistory.unt.edu/ark:/67531/metapth158485/m1/1/: accessed April 23, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.