Divorce in California

[kaeyreed]

My Husband and I divorced in 1999. As part of the settlement I was awarded a portion of his retirement fund. Yesterday, March 03, 2001, I received a letter in the mail from the retirement agency stating, " It has recently come to our attention that a system error occured. As a result of this action, you were overpaid in the amount of $2432.83." The letter also states that they would appreciate it if I would refund this money as soon as possible. Of course I no longer have this money, nor do I have enough money to refund this amount. Am I legally obligated to pay for their error?

 

[I AM ALWAYS LIABLE]

My Husband and I divorced in 1999. As part of the settlement I was awarded a portion of his retirement fund. Yesterday, March 03, 2001, I received a letter in the mail from the retirement agency stating, " It has recently come to our attention that a system error occured. As a result of this action, you were overpaid in the amount of $2432.83." The letter also states that they would appreciate it if I would refund this money as soon as possible. Of course I no longer have this money, nor do I have enough money to refund this amount. Am I legally obligated to pay for their error?

My response:

If you had no knowledge whatsoever of the error, then no. You write back to the "retirement agency" and let the person know that you take no responsibility for "their" error, and that you "relied to your detriment that their facts and figures were correct."

In other words, since they made the error, and you had no knowledge that there was an error, that you are not responsible for their "system", they are the ones responsible to correct the problem - - that this will teach them to check, and double check, everything in the future.

IAAL

 

[kaeyreed]

I am trying to reach I am Always Liable again. I am sorry to bother you and realize you are probably very busy. Yesterday in the mail I received another letter from California Public Employees Retirement System stating the following. "Attached is a copy of the Law Section code that explains our overpayment collections. We must collect these funds regardless of who made the error or why." CA Public Employees Retirement Law reads as follows: " If more or less than the correct amount of contribution required of members, the state or any contracting agency, is paid, proper adjustment shall be made in connection with subsequent payments, or the adjustments may be made by direct cash payments between the member, state, or contracting agency concerned and the board or by adjustment of the employers rate of contributionn. Adjustments to correct any other errors in payments to or by the board including adjustment of contributions, with interest, that are found to be erroneous as the result of corrections of dates of birth, may be made in the same manner. Adjustments to correct overpayment of a retirement allowance may also be made by adjusting the allowance so that the retired person or the retired persona dn his or her beneficiary, as the case may be, will receive the actuarial equivalent of the allowance to which the member is entitled." (CA Public Employees Retirement Law Section 20163.) It goes on a little further but I am afraid I am running out of room. Does all this mean that I indeed have to pay for their error? Please help me!!!!!

 

[I AM ALWAYS LIABLE]

My response:

Hello again.

I wish you had mentioned the specific type of retirement fund in your initial post; i.e., that it was a Public Employee Retirement Fund. There are many types of Retirement Funds, all of which are not afforded the same, or certain, protections. As a result, the information I gave you was in error.

You would do well to read the following decision. Please read it slowly and carefully. Perhaps, read it a couple of times also.

http://www.calpers.ca.gov/about/board/decision/preced/decis_98-02.htm

Good luck to you.

IAAL