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Category: Legal
Satisfied Customers: 56516
Experience:  Licensed attorney helping individuals and businesses
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My friend has had his NIGPP pension reduced $43 monthly because

Resolved Question:

My friend has had his NIGPP pension reduced $43 monthly because it was calculated wrong by NGIPP. They have reduced his pension accordingly. They are also going to recover the overpayment of about $2700 with a 16 month deduction from his already reduced pension. This error was not discovered for 55 months by NIGPP. The reduction is 7.3% of his previous pension. The overpayment recovery will amount to $148 per month or 33% of his reduced pension. My friend accepts the reduced pension. However, since both errors are by NIGPP is there any recourse to get them to waive the recovery amount? We have already sent a letter to them requesting this.
Submitted: 6 years ago.
Category: Legal
Expert:  INFOLAWYER replied 6 years ago.
Hello, I am legal expert at Justanswer and I will be helping you with your question today. I am afraid the overpayment would be due back. However, given their error usually one can work out and dictate the terms of repayment as they cannot seek to overburden one who has done nothing wrong. It may help having a lawyer so apply for this accomodation. I hope this has given you the guidance you were seeking. I wish you the best of luck!

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Customer: replied 6 years ago.
If they turn him down on the request for a total waiver, would it be unreasonable to ask for a comprimise of say 50%? Don't they have some ability to write off losses? My friend just barely gets by on his present pension and Social Security. This will be a big hardship on him. He is having a difficult time dealing with this and that is why I offered my help. I guess I am suspicious of the NIGPP people as the Pension is only funded to about 55%. This made me question their motives. Like looking for ways to cut their obligations. HIs first notification gave him no supporting information on this. We had to make several calls and ask them to send us the documentation of how the numbers were arrived at. It troubles me that any organization could make both of these mistakes and not have some legal or at least moral obligation. Thank you for your help. Bob
Expert:  INFOLAWYER replied 6 years ago.
Seeking a settlement or a write off is within their discretion and normally is not done unless there is a showing of inability to pay whatsoever, even through payment plan, supported by financial dislosure which may include tax returns.