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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: California Employment Law
Satisfied Customers: 116817
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My husband is a retired teacher. He taught plus years and

Customer Question

My husband is a retired teacher. He taught for 30 plus years and participated in Calif State Teachers Retirement System. There was a bookkeeping change recently where his retirement medical and dental benefits were to be paid by the school district directly to the insurance carrier rather than taken our of his pension and reimbursed to us on a quarterly basis from the district. May I point out that when he was hired it was part of his contract that his benefits would be paid for life for both the employee and dependents. This is a benefit that has changed in later years for additional employees hired, however, he was grandfathered in and is entitle these lifetime benefits. In January the district was paying the benefits directly to the carriers and we would not have the premium taken out of his check as the change seemed to make things simple for all. As it turns out the state deducted the amount of the benefits from the pension check in error to the tune of $480 and change for the months of January and February in error. This is our money.
What I need to know is how long the administrator has to replace and correct the error. I worked in HR for a short period of time and I do not remember all the details but I do recall that the employer had a very short amount of time to get the employees their proper salary and I assume similar for retirees.
So, how long do they have to correct the error and reimburse us for the amount taken out of his pension check?
Thank you,
El Dorado Hills, CA
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If they improperly deducted from his pension check they are supposed to make reimbursement by the next pension check after they have discovered the error. So if they just discovered the error for January and February now, the next reasonable check would be the March or April check (presuming the checks come in on the 1st of the month). If the reimbursement is not made in that time, then you have a right to file suit in small claims court without any attorney to seek reimbursement of the money they should not have taken.

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