1246

LAWS OF MARYLAND

Ch. 300

the payments or overpayments by certain methods under
certain circumstances; requiring the executive director for
administration of the Maryland State Retirement Agency to
make certain determinations and to give certain notice under
certain circumstances; and generally relating to the
recovery of certain improperly paid or overpaid State
retirement or pension benefits.

BY adding to

Article 73B - Pensions

Section 159(17)

Annotated Code of Maryland

(1983 Replacement Volume and 1985 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article 73B - Pensions

159.

(17) (A) THE BOARD OF TRUSTEES MAY RECOVER THE AMOUNT OF
ANY IMPROPER BENEFIT PAYMENT MADE BY MISTAKE OR OF ANY BENEFIT
OVERPAYMENT.

(B)  IF, AFTER DUE NOTICE, THE PERSON OR ESTATE IN
RECEIPT RECIPIENT PERSON OR ESTATE IN RECEIPT OF THE IMPROPER
PAYMENT OR OVERPAYMENT FAILS TO REPAY THE MONEY OWED, THE BOARD
OF TRUSTEES MAY:

(I)  INSTITUTE A CIVIL ACTION TO RECOVER THE
AMOUNT OF THE IMPROPER PAYMENT MADE BY MISTAKE OR THE OVERPAYMENT
AND TO RECOVER THE COSTS OF BRINGING THE ACTION; OR

(II)  IF THE PERSON IS RECEIVING A MONTHLY
ALLOWANCE FROM A SYSTEM, ADJUST FUTURE PAYMENTS OF THAT ALLOWANCE
TO ACCOUNT FOR THE AMOUNT OWED.

(C)  IF THE BOARD OF TRUSTEES ELECTS TO ADJUST
ALLOWANCE PAYMENTS UNDER PARAGRAPH (B)(II) OF THIS SUBSECTION,
SUBJECT TO THE APPROVAL OF THE BOARD OF TRUSTEES, THE EXECUTIVE
DIRECTOR FOR ADMINISTRATION SHALL:

(I)  DETERMINE THE MONTHLY ADJUSTMENT; AND

(II)  NOTIFY THE PERSON OF THE TOTAL AMOUNT TO
BE RECOVERED, THE MONTHLY ADJUSTMENT, AND THE PERIOD OF RECOVERY.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1986.

Approved May 13, 1986.