A resolution approving the Benefit Board's waiver of repayment of pension benefit overpayments to ten 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 than 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 practicable, the payments in such manner that the benefits to which the member or beneficiary was correctly entitled shall be paid"; 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 overpaid during the one-year period prior to discovery by the benefit board of such change in records or such error which resulted in the pension overpayment"; and

Whereas, the Metropolitan Employee Benefit Board has determined that ten pensioners, James E. Blackmore, Joe E. Caruthers, Mary A. Clifton, Donald B. Dukes, Doris A. Fojtik, James R. Jones, Martin F. List, Gary W. McElhiney, Grady J. Toler, and Steven W. Waldrop, 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 ten 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 ten individuals, James E. Blackmore, Joe E. Caruthers, Mary A. Clifton, Donald B. Dukes, Doris A. Fojtik, James R. Jones, Martin F. List, Gary W. McElhiney, Grady J. Toler, and Steven W. Waldrop, 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: David Briley, Diane Neighbors

LEGISLATIVE HISTORY
Referred:	Budget & Finance Committee Personnel Committee
Introduced:	July 19, 2005
Adopted:	July 19, 2005
Approved:	July 25, 2005
By: