Section 71-05-05-11 - Erroneous payment of benefits - Underpayments1. An "underpayment" means a payment of money by the public employees retirement system that results in a person receiving a lower payment than the person is entitled to under the provisions of the retirement plan of membership. 2. If an underpayment occurs, the amount of the lump sum payment must be paid within sixty days of the discovery of the error. 3. If the underpayment of benefits was not the result of any wrongdoing, negligence, misrepresentation, or omission by the employer or recipient, the underpayment of benefits is to include interest at the rate of six percent from the time the underpayment occurred. 4. If the underpayment of benefits was the result, in whole or in part, of the wrongdoing, negligence, misrepresentation, or omission of the employer or recipient, the underpayment of benefits will not include interest. 5. If an individual dies prior to receiving the underpayment of benefits, the public employees retirement system must pay the designated beneficiary on record, or in the absence of a designation of beneficiary, to the estate. N.D. Admin Code 71-05-05-11
Effective April 1, 2002; amended effective May 1, 2004; April 1, 2008.General Authority: NDCC 39-03.1-06
Law Implemented: NDCC 39-03.1-25