Section 71-08-06-05 - Refund of overpaymentsIf an employee purchased military service at a cost higher than determined in this chapter, overpayments may be refunded. Upon verification that the previously purchased military service meets the general eligibility requirements under section 71-08-06-01, 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. 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 the 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 toward 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. N.D. Admin Code 71-08-06-05
Effective May 1, 2004; amended effective July 1, 2006.General Authority: NDCC 54-52-04, 54-52.6-04
Law Implemented: NDCC 54-52.6-09.4