Should any change in the records result in any member, retirant or beneficiary receiving from the retirement system more or less than he or she would have been entitled to receive had the records been correct, the Board of Trustees shall correct the error and as far as practicable shall adjust the payment in such manner that the actuarial equivalent of the benefit to which the member, retirant or beneficiary was correctly entitled shall be paid; provided, however, that for errors discovered on or after July 1, 2009 a person receiving more than he or she would have been entitled not as a result of non-disclosure, fraud or misrepresentation shall not have the payments occurring more than one year prior to discovery of the error considered in the adjustment. Notwithstanding the foregoing, if the person or the person through whom that person is due benefits: (1) provided incorrect information which caused the error, (2) failed to provide information that was necessary to calculate the payment correctly, (3) caused the providing of incorrect information or failed to provide necessary information, or (4) knew or reasonably should have known that he or she was in receipt of an erroneous payment, all such payments, including payments occurring more than one year prior to the discovery of the error, shall be considered in the adjustment.
(Ord. 1860, passed 8-16-1965; Ord. 3758, passed 7-27-2009)