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10.09 Correction of Payment Error. If any error in payment of benefits occurs, including an <br />overpayment, the Fund shall correct such error and may adjust any future payment <br />so the correct benefit will be paid, except as provided in subsection c below, and the <br />Texas Government Code §802.1024(b). The adjustment for an overpayment or <br />underpayment may be made to one or more future payments at the discretion of the <br />Board and pursuant to Texas Government Code §§802.1024 and 802.1025. If no <br />future payments are due, the Board may recover an overpayment in any manner <br />permitted by Section 8 of the Act and Texas Government Code §§802.1024 and <br />802.1025. The Board must begin the adjustment of future payment to correct an <br />overpayment or recovery of an overpayment not later than the ninetieth (90th) day <br />after the date the notice described below is delivered or the date the second notice <br />described below is mailed <br />a. Notice. Upon discovery of an overpayment error but not later than ninety (90) <br />days after discovery, the Board of Trustees shall give written notice of the <br />overpayment error to the affected person by certified mail, return receipt <br />requested. If the Board does not receive a signed receipt evidencing delivery <br />on or before the thirtieth (30th) day after the date the notice is mailed, the <br />Board shall send the notice a second time, by certified mail, return receipt <br />requested. <br />b. The written notice will include: <br />(1) the amount of the correction; <br />(2) how the correction was calculated; <br />(3) an explanation of the reason for the correction; <br />(4) a statement that the affected person may file a written complaint with <br />the Fund if the affected person does not agree with the correction; <br />(5) instructions for filing a written complaint with the Fund; and <br />(6) a payment plan option if no future payments are due. <br />C. Any overpayment of benefits may not be corrected or recovered if: <br />(1) the overpayment was made more than three (3) years before the date <br />of the discovery of the overpayment; or <br />(2) if the Board does not adjust future payments or begin recovery within <br />the time prescribed above. <br />d. If the affected person files a written complaint, the Board will follow the <br />procedure as set out in Texas Government Code §802.1025. <br />25 <br />