Nebraska Administrative Code
Topic - PUBLIC EMPLOYEES RETIREMENT SYSTEMS
Title 303 - PUBLIC EMPLOYEES RETIREMENT BOARD
Chapter 18 - BENEFIT AND CONTRIBUTION ADJUSTMENTS
Section 303-18-005 - Overpayment of Benefits
Current through March 20, 2024
005.01 If NPERS determines that any member or beneficiary has received a retirement benefit that is in excess of the retirement benefit such member or beneficiary is entitled to receive under the governing statutory provisions, NPERS may offset future benefits as necessary to recoup the overpayment, with interest. In lieu of future offsets, the member or beneficiary shall repay the overpayment to NPERS, and such repayment may include interest charges. This section is subject to the materiality amounts listed in Title 303 NAC, Chapter 3.
005.02 Reductions in future benefit payments pursuant to this regulation shall not exceed twenty-five (25%) percent of the monthly retirement benefit received by the member or beneficiary unless the member or beneficiary agrees, in writing, to a greater offset.
005.03 Failure by a member or beneficiary to repay or offset an amount of overpayment and interest charges described in subsection 005.01, will result in NPERS referring the matter to the Nebraska Attorney General's Office for collection or other enforcement action deemed appropriate by the Attorney General. If it is impractical for NPERS to initiate an offset because there are no additional future benefit payments scheduled, then NPERS will make at least three attempts during a 120 day period to contact the member or beneficiary in order to effectuate a repayment, prior to referring the matter to the Attorney General.
