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Title 2 . Administration
Chapter 36 . Public Information
Section 225. Benefit adjustments

2 AAC 36.225. Benefit adjustments

(a) A benefit overpayment other than one described in AS 14.25.173 (b) or waived under AS 14.25.175 must be recovered by applying a lifetime actuarial reduction to the benefit recipient's future monthly benefits, unless the benefit recipient elects to pay the overpayment in a lump sum.

(b) A benefit underpayment must be paid to the recipient

(1) by applying a lifetime actuarial increase to the recipient's future monthly benefits if the underpayment exceeds $3,500, unless the recipient elects to receive a lump sum payment; or

(2) by lump sum if the underpayment is $3,500 or less.

(c) The division will notify the recipient by certified mail of the overpayment or underpayment amount. The recipient must irrevocably elect a payment option under (a) or (b)(1) of this section within 60 days after receipt of the division's notice. Failure of the recipient to notify the division of a payment option election and to pay the lump sum overpayment, if applicable, by either hand delivering or mailing written notification and payment, which must be received or postmarked within 60 days after the recipient's receipt of the division's notice, will result in a lifetime actuarial reduction or increase to the recipient's monthly benefit.

(d) The lifetime actuarial monthly benefit reduction or increase is calculated by multiplying the amount of the overpayment or underpayment, including interest if applicable, by the appropriate actuarial factor for the recipient's age at the time of the adjustment. The most advantageous table of factors adopted during the member's TRS employment will be used to calculate the actuarial reduction or increase to the recipient's future monthly benefits.

(e) The administrator will require a member or beneficiary to submit evidence to support the claim of hardship, including a copy of the member's or beneficiary's most recent federal tax return in addition to the spouse's most recent federal tax return if filed separately, if the member or beneficiary requests a waiver of overpayment under AS 14.25.175 (a)(l) because of undue hardship.

History: Eff. 12/6/85, Register 99; am 5/6/88, Register 108; am 3/18/2004, Register 172

Authority: AS 14.25.020

AS 14.25.022

AS 14.25.173

AS 14.25.175

Editor's note: Even though the adoption of 2 AAC 36.225(e) was effective 3/18/2004, it was not published until Register 172, January 2005.

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Last modified 7/05/2006