Section 71 -02-11 -07 - Refund of overpaymentsIn the event an employee or retiree purchased military service at a cost higher than determined above, overpayments may be refunded. Upon verification that the previously purchased military service meets the general eligibility requirements under section 71-02-11 -01, a refund may be issued according to the following guidelines:
1. For a purchase paid in a lump sum: a. The overpayment will be refunded to the member. b. Interest on the refund amount will be paid at an annual rate of seven and five-tenths percent compounded monthly. Interest will be calculated from the month the public employees retirement system received the lump sum payment to the month in which the refund is made. c. The refund will be calculated and issued within one hundred eighty days of receiving all necessary documentation. 2. For a purchase paid in installments: a. If an employee is currently making installment payments, the purchase amount will be recalculated using the percentage of salary that the member was required to pay times eligible months of military time being purchased. Any excess funds resulting from the recalculation will be applied towards the outstanding amount due. Should the payments made to date exceed the new contract amount, a refund of the difference will be issued within one hundred eighty days. b. If an eligible employee or retiree has paid the installment contract in full, the purchase amount will be recalculated using the percentage of salary that the member was required to pay times eligible months of military time being purchased. A refund of the difference between the payments actually made and what the payments should have been on the new contract amount will be made within one hundred eighty days of receiving the necessary documentation. Interest on the refund amount will be calculated at an annual rate of seven and five-tenths percent, compounded monthly, from the month in which the purchase was paid in full to the month in which the refund is issued. N.D. Admin Code 71 -02-11 -07
Effective September 1, 1991; amended effective July 1, 2006.General Authority: NDCC 54-52-04
Law Implemented: NDCC 54-52-17.4(5), 54-52-17.14