(a) Generally. Each plan shall be administered by the Personnel Officer. In matters relating to the administration of each plan, the Personnel Officer may seek the advice and guidance of the Board.
(b) Powers. The Personnel Officer has the powers necessary for proper administration of each plan, including the powers to prepare forms and prescribe procedures to be used and followed by participants in filing applications for benefits and for furnishing of evidence necessary to establish a right to benefits; make determinations as to the rights of participants applying for or receiving benefits; develop procedures for determining credited service of participants, including affording participants an opportunity after written notice to make objection to the determination in advance of retirement; authorize disbursements from each pension fund in accordance with the plan and establish necessary procedures for authorizing disbursements; audit and review past benefit determinations and initiate recovery of any overpayments; establish policies and standards and make determinations concerning total and permanent disability for the purposes of this article; withhold funds for making payment of taxes and for making payments under qualified domestic relations orders; and, at the Personnel Officer's discretion, withhold funds authorized by a participant.
(c) Limitation on recovery of overpayments. In the absence of fraud by a participant, the Personnel Officer or their agents or assigns may not recover an overpayment based on an erroneous past benefit determination caused by a failure to properly apply the reduction in benefits upon reemployment under § 5-1-203 if the participant made a material change in position, including accepting, resigning or retiring from employment, in reasonable reliance upon an intentional or negligent misrepresentation of the amount of the participant's benefit made to the participant by the Personnel Officer or an employee or other agent of the Personnel Officer.
(1985 Code, Art. 7, § 1-104) (Bill No. 90-01; Bill No. 25-13; Bill No. 51-13)