3920

VETOES

Sincerely,
Harry Hughes
Governor

House Bill No. 338

AN ACT concerning

Pensions - Recovery of Benefit Overpayments

FOR the purpose of authorizing clarifying the authority of the
Board of Trustees for Maryland State Retirement and Pension
Systems to recover certain benefit payments and
overpayments; authorizing the Board of Trustees to recover
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 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.