RESOLUTION NO. RS2000-116

A resolution approving a waiver of overpayment of pension benefits to Helen Fisher.

Whereas, Metropolitan Code. Section 3.08.230. requires the Benefit Board to recover overpayment of pension benefits by reducing the employee's payments until the amount overpaid is recovered; and,

Whereas, Metropolitan Code. Section 3.08.230. permits the Employee Benefit Board to waive repayment under circumstances where the overpayment resulted from an error by the Benefit Board's staff, and the employee was unaware of the error, had no way to know of and did nothing to induce said error, and repayment would deprive the employee of income needed for ordinary and necessary living expenses, and

Whereas, Helen Fisher is retired from employment with Metropolitan Nashville General Hospital and she received an overpayment of $1.893.44 due to an error by tile Benefit Board's staff, and,

Whereas, on October 11, 1999, the Employee Benefit Board approved the waiver after determining that Helen Fisher satisfied the requirements of Section 3.08.230C for waiver of the over-payment, and that the waiver will not adversely affect the actuarial soundness of the benefit system; and,

Whereas, no waiver of an overpayment can take affect without approval by resolution of the Metropolitan Council.

Now, therefore, be it resolved by the Council of The Metropolitan Government of Nashville and Davidson County:

Section 1: That the waiver of repayment of the overpayment of pension benefits in the amount of $1,893.44 to Helen Fisher, as granted by the Employee Benefit Board on October 11, 1999 under authority of Section 3.08.230C be and hereby is approved

Section 2: That this resolution shall take effect from and after its adoption. The welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Leo Waters, Bettye Balthrop & Eileen Beehan

LEGISLATIVE HISTORY

Referred to: Budget & Finance Committee
Personnel Committee
Introduced: January 18, 2000
Adopted: January 18, 2000
Approved: January 20, 2000
By: Mayor