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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 wiil 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 />