I. Overpayment to be Recovered by Plan
As a Participant or beneficiary, you are entitled only to the amount and form of benefits described in the Plan document, as amended from time to time. If you are receiving an improper amount or benefit from the Plan and you are aware of that fact, the Plan requires that you notify the Plan Office of the overpayment and make arrangements to have the overpayment repaid to the Plan (or offset against future payments).
If you or any beneficiary receives an overpayment of benefits, the Plan will reduce or offset any future benefits to recover the overpayment, unless other arrangements can be made to the satisfaction of the Board of Trustees for the recovery of the overpayment. The Plan will withhold at least 25 percent (25%) of your pension payments until the overpayment is recovered by the Plan. To the extent permitted by law the Plan may withhold up to 100% of your monthly payments until an overpayment is recouped. The Plan is authorized to offset lost interest on the overpayments and reimbursement to the Plan for any attorney fees and costs incurred as a result of the overpayment. The Plan may also file a claim against your estate or any other person or entity if amounts are still owed at your death and there are insufficient funds, including any death benefits payable to your beneficiary, to recover the overpayment. Any funds owed by a Participant to the Plan will be deducted from any death benefits that may be payable at the time of the Participant’s death.
The Board of Trustees is authorized to take any necessary action to recover overpayments.
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