RESOLUTION NO. RS2011-81

A resolution approving the Benefit Board’s waiver of repayment of disability pension benefit overpayments for Michael Lankford under Section 3.08.230 of the Metropolitan Code.

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 … [have] 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 as a result of error, Michael Lankford has received greater disability pension benefits than he was entitled to receive; and,

WHEREAS, the amount of disability pension benefits overpaid to Michael Lankford during the one-year period prior to discovery by the Benefit Board of the error is $8,894.76; 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 Michael Lankford satisfies 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 disability pension benefits overpaid to Michael Lankford 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: Megan Barry, Sean McGuire

LEGISLATIVE HISTORY
Referred to:	Budget & Finance Committee Personnel Committee
Introduced:	November 15, 2011
Adopted:	November 15, 2011
Approved:	November 17, 2011
By: