A resolution approving the Benefit Board's waiver of repayment of pension benefit overpayments to two pensioners under Section 3.08.230 of the Metropolitan Code of Laws.

Whereas, the Metropolitan Government has adopted an employee benefit plan; and

Whereas, Metropolitan Code 3.08.230(A) provides that "[i]f any change in records or error results in any member or beneficiary receiving from the system more or less that he would had (sic) been entitled to receive had the records been correct or had the error not been made, the board, upon discovery of such error shall correct the error by adjusting, as far as practical, the payments;" and

Whereas, Metropolitan Code 3.08.230(A) further provides that "[i]n the event a member or beneficiary receives more pension benefit than he was entitled to receive, the board shall collect, by way of reducing pension payments or through a lump sum repayment, only the amount of overpayment during the one-year period prior to discovery;" and

Whereas, the Metropolitan Employee Benefit Board has determined that two pensioners, Mildred Burton (Survivor of George R. Burton) and Frances Grant, have received greater pension benefits than they were entitled to receive; and

Whereas, Metropolitan Code 3.08.230(C) states: "Repayment of any amount overpaid to any member or beneficiary may be waived by the board where such overpayment was made through error committed by the board's staff and the board determines that the member or beneficiary: 1. Was without fault or knowledge of the error; 2. Did not participate in or induce the additional payment; 3. Had no way under the circumstances to know or, by the exercise of reasonable diligence, to know that an overpayment had been made; and 4. Would, due to repayment, be deprived of income required for ordinary and necessary living expenses;" and

Whereas, the Metropolitan Employee Benefit Board has determined that the two pensioners identified above satisfy the criteria set forth in Metropolitan Code 3.08.230(C) for waiver of repayment; and

Whereas, Metropolitan Code 3.08.230(C) further states that "no waiver shall be final and take effect until the same shall have been approved 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 Metropolitan Employee Benefit Board's waiver of repayment of pension benefits overpaid to two individuals, Mildred Burton (Survivor of George R. Burton) and Frances Grant, is hereby 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: Diane Neighbors

LEGISLATIVE HISTORY
Referred:	Budget & Finance Committee Personnel Committee
Introduced:	April 19, 2005
Adopted:	April 19, 2005
Approved:	April 21, 2005
By: