AUTHORITY TO RECOUP OR MAKE ADJUSTMENTS FOR PAYMENTS MADE IN ERROR.
Tex. GOV'T Code § 845.503.
in effect(a) The retirement system may reduce future payments of benefits based on the account of a member, a retiree, or other former member to recoup an amount overpaid or otherwise paid in error to or on the behalf of a participant. If no future payments are due, the retirement system may recover the overpayment in any manner that is permitted for the collection of any other debt.
(b) The retirement system may not recover from a participant any overpayment made more than three years before the date the overpayment is discovered. This subsection does not apply to an overpayment a reasonable person should know the person is not entitled to receive.
(c) The retirement system may adjust amounts in a subdivision's account in the subdivision accumulation fund to correct an error caused by an act or omission of the subdivision.
Added by Acts 2003, 78th Leg., ch. 621, Sec. 35, eff. Jan. 1, 2004.
Acts 2009, 81st Leg., R.S., Ch. 300 (H.B. 407 ), Sec. 36, eff. January 1, 2010.