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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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Does GC 20164 mean that CalPERS cannot collect overpayments

Customer Question

Does GC 20164 mean that CalPERS cannot collect overpayments if the overpayments are not discovered within three years OR that CalPERS can collect only three years of overpayments?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Joseph replied 5 years ago.
Hello.

It means that CalPERS can only collect overpayments if the overpayments are discovered within three years, which is the statute of limitations for collecting overpayments.
Joseph and other California Employment Law Specialists are ready to help you
Customer: replied 5 years ago.
CalPERS is claiming the other interpretation, that they can collect three years' of overpayments no matter when the mistake is discovered. Plus they are saying that the collection period runs three years BACK from the date of final overpayment (i.e, the date they discovered their mistake). Is there any basis for either of these claims?
Expert:  Joseph replied 5 years ago.
Yes, there is a basis for the second claim that the collection period runs backs three years from the final overpayment.
Expert:  Joseph replied 5 years ago.
Yes, there is a basis for the second claim that the collection period runs backs three years from the final overpayment.

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