In the event that benefits are paid to a participant under Article 7 in excess of the benefit to which the participant is entitled, the committee shall reduce future benefits payable to the participant under Article 7 (Disability Benefits) to recoup the excess of the benefit paid to the participant. The amount shall be recouped at the same rate as the amount of excess of the benefit was paid to the participant, but shall not exceed 15% of the monthly amount of excess benefit paid to the participant, unless mutually agreed by the participant and the committee. The total amount recouped will not exceed the amount of excess of the benefit paid to the participant. Prior to making any reductions, the chairperson of the committee, at the committee’s direction, shall notify the participant in writing of the amount of the overpayment and the future benefit payment(s) to be reduced and the amount of each reduction. Within 14 days of the date of the notice, the participant may file a written request with the chairperson for a hearing before the committee regarding the existence of overpayment, amount of the reduction and/or the timing of the reduction. If so requested, the committee shall hold an informal hearing for the purpose of determining the existence of overpayment, amount of the overpayment and the timing of future reductions of benefits to recover the overpayment. The informal hearing shall be held at the committee’s next regular meeting that is at least ten business days after the date of the written request, unless either: 1) the committee in its discretion convenes a special meeting for the hearing within 30 days of the request, or 2) the requirement for ten business days’ notice is waived by both the participant and the committee. The committee’s determination shall be in writing and shall be served on the participant by mail.

The provisions of this section are in addition to the right of a participant under Section 4.36.1004 to assign future payments or benefits to the employer. (Ord. 6747-NS § 1, 2003)