Arkansas Administrative Code › Agency 088 - Arkansas Teacher Retirement System › Rule 088.00.17-004 - Rule 9-8: Error Corrections and Collection of Overpayments

Current through Register Vol. 49, No. 6, June, 2024
RULE 9-8 ERROR
		  CORRECTIONS AND COLLECTION OF OVERPAYMENTS
A.C.A. § 24-7-205
I. RULES
A.
		  If a change or error in ATRS' records discovered during the ATRS look back
		  period results in either an overpayment or underpayment to ATRS, the Board
		  authorizes ATRS to correct the error in the records and to adjust any benefit
		  or adjust any other amount payable to the corrected amount and take all
		  necessary action as the circumstances may require including the options allowed
		  under A.C.A. § 24-7-205(b).
B.
		  If a benefit participant under a qualified domestic relations order pursuant to
		  A.C.A. §§ 9-18-101-103, is paid any benefit or payment by ATRS to
		  which the benefit participant is not entitled, and it is discovered during the
		  ATRS look back period, then a receivable is created and the Board or its
		  designee(s), may collect the amount due to ATRS as set forth in A.C.A. §
		  24-7-205.
C. Before making an
		  adjustment of benefits or pursuing any other collection action, a notice shall
		  be provided to the person who is the subject of the adjustment. The notice will
		  state the amount determined to be a receivable and the reasons underlying the
		  determination. The notice shall also suggest alternate methods for payment of
		  the receivable.
D. Appeals to
		  dispute collections shall be made according to the procedures and requirements
		  of ATRS Rule 13. During the appeal process, retirement benefits may continue to
		  be paid.
E. Actions that affect
		  rights on benefits cannot be corrected or adjusted further than a 5 year "look
		  back" period unless a manifest injustice has occurred or an exception exists
		  under A.C.A. § 24-7-205.
F.
		  The board or its designee may also make adjustments to the employer, member,
		  and ATRS records beyond the look-back period if the board determines that the
		  time limitation imposed by the lookback period will result in a manifest
		  injustice in a specific case.
G.
		  The Board authorizes the Executive Director to waive interest on required
		  contributions in an amount not to exceed $5,000. Any request to excuse an
		  interest amount exceeding $5,000 shall be submitted to the ATRS Board for
		  review. The Executive Director shall report to the Board any amounts excused
		  under this section.
H. If required,
		  a receivable under this section that is found by the Board or its designee to
		  be uncollectible or for which adjustment or payment has been waived will be
		  submitted to the Chief Fiscal Officer of the state for abatement pursuant to
		  A.C.A. §§ 19-2-301 -307.
I. A determination by ATRS of a manifest
		  injustice in a particular instance due to a technical error or error in
		  judgment is always discretionary and governed by the provisions of Act 303 of
		  2013, codified in § 24-7-205.
Adopted:
July 18, 2005
Amended:
December 18, 2009
July 1, 2011 (Emergency)
Adopted:
August 8, 2011
Effective:
November 11, 2011
Approved by
			 Board:
July 26, 2013
Amended:
October 9, 2013
Effective:
November 8, 2013
Approved by Board:
February 5, 2018
Effective: