TITLE 19. PUBLIC RETIREMENT SYSTEMS

CHAPTER 20. TEACHERS' RETIREMENT

Part 12. Unpaid Contributions and Overpayments

Recovery Methods

19-20-1212. Recovery methods. (1) The retirement system may use any or all of the following methods to recover amounts owed from a member or benefit recipient:

(a) accept a lump-sum payment;

(b) accept installment payments;

(c) accept a rollover payment from a member;

(d) actuarially adjust monthly benefit payments;

(e) withhold up to 50% of each monthly benefit payment;

(f) withhold up to 100% of a lump-sum distribution; or

(g) withhold up to 100% of the death benefit payable under 19-20-1001(3) or 19-20-1002(1).

(2) For payment of amounts owed by an employer, the retirement system may use any or all of the following methods:

(a) adjust the amount of subsequent contributions due from the employer;

(b) accept installment payments; or

(c) accept a lump-sum payment.

History: En. Sec. 9, Ch. 210, L. 2015.