Legal Question in Credit and Debt Law in California

retirement checks

My former employer gave incorrect pay rate to my retirement system which resulted in a $213 dollar extra received in my monthly retirment check. Since I have been retired for the last 9 months my retirement systems wants to be reimbursed for the overage.

Do I have a chance of my former employer paying the overage?

Asked on 3/16/09, 12:56 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: retirement checks

You really need to repost this to some employment attorneys, as this has more to do with your rights as a retiree than simple debt collection issues. Additionally, I'm curious to know if you knew you were being overpaid. I would assume that if you have a defined-benefit retirement plan, you would have known going into retirement what you should have received, and if that's the case, why did you keept he money you knew wasn't yours? If you didn't know, you have an argument to the effect that it was and innocent mistake. In either case, I would say off the cuff that you are probably going to have to repay the money, but perhaps you can work out a deal to repay it in smaller amounts over some period of time if it was an innocent mistake. If you knew about it when you collected it, get ready to write a check.

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Answered on 3/16/09, 2:06 pm

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