Common use of Recoupment of Wage and Benefits Overpayments Clause in Contracts

Recoupment of Wage and Benefits Overpayments. Except as provided in Article 53 – Reclassification Upward-Downward, Section 2, in the event the employee receives wages or benefits from the university to which the employee is not entitled, regardless of whether the employee knew or should have known of the overpayment, the university shall notify the employee in writing of the overpayment which will include information supporting that an overpayment exists and the amount of wages and/or benefits to be repaid. For purposes of recovering overpayments by payroll deduction, the following shall apply: (A) The university shall be limited in using the payroll deduction process to a maximum period of three (3) years before the notification. (B) The employee and the university shall meet and attempt to reach mutual agreement on a repayment schedule within thirty (30) calendar days following written communication. (C) If there is no mutual agreement at the end of the thirty (30) day calendar period, the university shall implement the repayment schedule stated in Section 11(D) of this Article. (D) If the overpayment amount to be repaid is more than five percent (5%) of the employee’s regular monthly base salary, the overpayment shall be recovered in monthly amounts not exceeding five percent (5%) of the employee’s base salary. If an overpayment is less than five percent (5%) of the employee’s regular monthly salary base, the overpayment shall be recovered in a lump sum deduction from the employee’s paycheck. If an employee leaves university service before the university fully recovers the overpayment, the remaining amount may be deducted from the employee’s final check(s). (E) Notwithstanding the above, Section 11(B), (C), and (D) of this Article shall not apply to payroll adjustments necessitated by a discrepancy between actual hours of paid time versus hours projected for payroll purposes from one pay period to another. For example, if an employee utilizes leave without pay near the end of a month but is paid for such time because leave without pay was not anticipated at the payroll cutoff date for that month, the employee’s pay and benefit entitlements may be adjusted on the following month’s paycheck. (F) An employee who disagrees with the university determination that an overpayment has been made to the employee, may grieve the determination through the grievance procedure. The employee may grieve after the thirty (30) calendar day period as stated in Section 11(B) of this Article, if mutual agreement concerning the overpayment has not been reached. (G) This Section does not waive the university’s right to pursue other legal procedures and processes to recoup an overpayment made to an employee at any time.

Appears in 8 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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Recoupment of Wage and Benefits Overpayments. Except as provided in Article 53 48 – Reclassification Upward-Downward, Section 2, in the event the employee receives wages or benefits from the university to which the employee is not entitled, regardless of whether the employee knew or should have known of the overpayment, the university shall notify the employee in writing of the overpayment which will include information supporting that an overpayment exists and the amount of wages and/or benefits to be repaid. For purposes of recovering overpayments by payroll deduction, the following shall apply: (A) The university shall be limited in using the payroll deduction process to a maximum period of three (3) years before the notification. (B) The employee and the university shall meet and attempt to reach mutual agreement on a repayment schedule within thirty (30) calendar days following written communication. (C) If there is no mutual agreement at the end of the thirty (30) day calendar period, the university shall implement the repayment schedule stated in Section 11(D) of this Article. (D) If the overpayment amount to be repaid is more than five percent (5%) of the employee’s regular monthly base salary, the overpayment shall be recovered in monthly amounts not exceeding five percent (5%) of the employee’s base salary. If an overpayment is less than five percent (5%) of the employee’s regular monthly salary base, the overpayment shall be recovered in a lump sum deduction from the employee’s paycheck. If an employee leaves university service before the university fully recovers the overpayment, the remaining amount may be deducted from the employee’s final check(s). (E) Notwithstanding the above, Section 11(B), (C), and (D) of this Article shall not apply to payroll adjustments necessitated by a discrepancy between actual hours of paid time versus hours projected for payroll purposes from one pay period to another. For example, if an employee utilizes leave without pay near the end of a month but is paid for such time because leave without pay was not anticipated at the payroll cutoff date for that month, the employee’s pay and benefit entitlements may be adjusted on the following month’s paycheck. (F) An employee who disagrees with the university determination that an overpayment has been made to the employee, may grieve the determination through the grievance procedure. The employee may grieve after the thirty (30) calendar day period as stated in Section 11(B) of this Article, if mutual agreement concerning the overpayment has not been reached. (G) This Section does not waive the university’s right to pursue other legal procedures and processes to recoup an overpayment made to an employee at any time.

Appears in 6 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Recoupment of Wage and Benefits Overpayments. Except as provided in Article 53 – Reclassification Upward-Downward56, Section 2, in the event the employee receives wages or benefits from the university university/college to which the employee is not entitled, regardless of whether the employee knew or should have known of the overpayment, the university university/college shall notify the employee in writing of the overpayment which will include information supporting that an overpayment exists and the amount of wages and/or benefits to be repaid. For purposes of recovering overpayments by payroll deduction, the following shall apply: (A) The university university/college shall be limited in using the payroll deduction process to a maximum period of three (3) years before the notification. (B) The employee and the university university/college shall meet and attempt to reach mutual agreement on a repayment schedule within thirty (30) calendar days following written communication. (C) If there is no mutual agreement at the end of the thirty (30) day calendar period, the university university/college shall implement the repayment schedule stated in Section 11(Dsubsection (D) of this Articlebelow. (D) If the overpayment amount to be repaid is more than five percent (5%) of the employee’s regular monthly base salary, the overpayment shall be recovered in monthly amounts not exceeding five percent (5%) of the employee’s base salary. If an overpayment is less than five percent (5%) of the employee’s regular monthly salary base, the overpayment shall be recovered in a lump sum deduction from the employee’s paycheck. If an employee leaves university university/college service before the university university/college fully recovers the overpayment, the remaining amount may be deducted from the employee’s final check(s). (E) Notwithstanding the above, Section 11(Bsubsections (B), (C), and (D) of this Article shall not apply to payroll adjustments necessitated by a discrepancy between actual hours of paid time versus hours projected for payroll purposes from one pay period to another. For example, if an employee utilizes leave without pay near the end of a month but is paid for such time because leave without pay was not anticipated at the payroll cutoff date for that month, the employee’s pay and benefit entitlements may be adjusted on the following month’s paycheck. (F) An employee who disagrees with the university university/college determination that an overpayment has been made to the employee, may grieve the determination through the grievance procedure. The employee may grieve after the thirty (30) calendar day period as stated in Section 11(B) of this Article), if mutual agreement concerning the overpayment has not been reached. (G) This Section section does not waive the university/college’s right to pursue other legal procedures and processes to recoup an overpayment made to an employee at any time.

Appears in 3 contracts

Samples: Union Contract, Union Contract, Labor Contract

Recoupment of Wage and Benefits Overpayments. Except as provided in Article 53 – Reclassification Upward-Downward, Section 2, in the event the employee receives wages or benefits from the university to which the employee is not entitled, regardless of whether the employee knew or should have known of the overpayment, the university shall notify the employee in writing of the overpayment which will include information supporting that an overpayment exists and the amount of wages and/or benefits to be repaid. For purposes of recovering overpayments by payroll deduction, the following shall apply:in (A) The university shall be limited in using the payroll deduction process to a maximum period of three (3) years before the notification. (B) The employee and the university shall meet and attempt to reach mutual agreement on a repayment schedule within thirty (30) calendar days following written communication. (C) If there is no mutual agreement at the end of the thirty (30) day calendar period, the university shall implement the repayment schedule stated in Section 11(D) of this Article. (D) If the overpayment amount to be repaid is more than five percent (5%) of the employee’s regular monthly base salary, the overpayment shall be recovered in monthly amounts not exceeding five percent (5%) of the employee’s base salary. If an overpayment is less than five percent (5%) of the employee’s regular monthly salary base, the overpayment shall be recovered in a lump sum deduction from the employee’s paycheck. If an employee leaves university service before the university fully recovers the overpayment, the remaining amount may be deducted from the employee’s final check(s). (E) Notwithstanding the above, Section 11(B), (C), and (D) of this Article shall not apply to payroll adjustments necessitated by a discrepancy between actual hours of paid time versus hours projected for payroll purposes from one pay period to another. For example, if an employee utilizes leave without pay near the end of a month but is paid for such time because leave without pay was not anticipated at the payroll cutoff date for that month, the employee’s pay and benefit entitlements may be adjusted on the following month’s paycheck. (F) An employee who disagrees with the university determination that an overpayment has been made to the employee, may grieve the determination through the grievance procedure. The employee may grieve after the thirty (30) calendar day period as stated in Section 11(B) of this Article, if mutual agreement concerning the overpayment has not been reached. (G) This Section does not waive the university’s right to pursue other legal procedures and processes to recoup an overpayment made to an employee at any time.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Recoupment of Wage and Benefits Overpayments. Except as provided in Article 53 48 – Reclassification Upward-Downward, Section 2, in the event the employee receives wages or benefits from the university to which the employee is not entitled, regardless of whether the employee knew or should have known of the overpayment, the university shall notify the employee in writing of the overpayment which will include information supporting that an overpayment exists and the amount of wages and/or benefits to be repaid. For purposes of recovering overpayments by payroll deduction, the following shall apply: (A) The university shall be limited in using the payroll deduction process to a maximum period of three (3) years before the notification. (B) The employee and the university shall meet and attempt to reach mutual agreement on a repayment schedule within thirty (30) calendar days following written communication. (C) If there is no mutual agreement at the end of the thirty (30) day calendar period, the university shall implement the repayment schedule stated in Section 11(D) of this Article. (D) If the overpayment amount to be repaid is more than five percent (5%) of the employee’s regular monthly base salary, the overpayment shall be recovered in monthly amounts not exceeding five percent (5%) of the employee’s base salary. If an overpayment is less than five percent (5%) of the employee’s regular monthly salary base, the overpayment shall be recovered in a lump sum deduction from the employee’s paycheck. If an employee leaves university service before the university fully recovers the overpayment, the remaining amount may be deducted from the employee’s final check(s). (E) Notwithstanding the above, Section 11(B), (C), and (D) of this Article shall not apply to payroll adjustments necessitated by a discrepancy between actual hours of paid time versus hours projected for payroll purposes from one pay period to another. For example, if an employee utilizes leave without pay near the end of a month but is paid for such time because leave without pay was not anticipated at the payroll cutoff date for that month, the employee’s pay and benefit entitlements may be adjusted on the following month’s paycheck. (F) An employee who disagrees with the university determination that an overpayment has been made to the employee, may grieve the determination through the grievance procedure. The employee may grieve after the thirty (30) calendar day period as stated in Section 11(B) of this Article, if mutual agreement concerning the overpayment has not been reached.of (G) This Section does not waive the university’s right to pursue other legal procedures and processes to recoup an overpayment made to an employee at any time.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Recoupment of Wage and Benefits Overpayments. Except as provided in Article 53 – Reclassification Upward-Downward, Section 2, in In the event the employee receives wages or benefits from the university University to which the employee is not entitled, regardless of whether the employee knew or should have known of the overpayment, the university University shall notify the employee in writing of the overpayment which will include information supporting that an overpayment exists and the amount of wages and/or benefits to be repaid. For purposes of recovering overpayments by payroll deduction, the following shall apply: (A) The university University shall be limited in using the payroll deduction process to a maximum period of three (3) years before the notification.maximum (B) The employee and the university University shall meet and attempt to reach mutual agreement on a repayment schedule within thirty (30) calendar days following written communication. (C) If there is no mutual agreement at the end of the thirty (30) day calendar period, the university University shall implement the repayment schedule stated in Section 11(D5(D) of this Article. (D) If the overpayment amount to be repaid is more than five percent (5%) of the employee’s regular monthly base salary, the overpayment shall be recovered in monthly amounts not exceeding five percent (5%) of the employee’s base salary. If an overpayment is less than five percent (5%) of the employee’s regular monthly salary base, the overpayment shall be recovered in a lump sum deduction from the employee’s paycheck. If an employee leaves university University service before the university University fully recovers the overpayment, the remaining amount may be deducted from the employee’s final check(s). (E) Notwithstanding the above, Section 11(B), (C), and (D) of this Article shall not apply to payroll adjustments necessitated by a discrepancy between actual hours of paid time versus hours projected for payroll purposes from one pay period to another. For example, if an employee utilizes leave without pay near the end of a month but is paid for such time because leave without pay was not anticipated at the payroll cutoff date for that month, the employee’s pay and benefit entitlements may be adjusted on the following month’s paycheck. (F) An employee who disagrees with the university University’s determination that an overpayment has been made to the employee, may grieve the determination through the grievance procedure. The employee may grieve after the thirty (30) calendar day period as stated in Section 11(B5(B) of this Article, if mutual agreement concerning the overpayment has not been reached. (GF) This Section does not waive the universityUniversity’s right to pursue other legal procedures and processes to recoup an overpayment made to an employee at any time.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Recoupment of Wage and Benefits Overpayments. Except as provided in Article 53 – Reclassification Upward-Downward, Section 2, in In the event the employee receives wages or benefits from the university University to which the employee is not entitled, regardless of whether the employee knew or should have known of the overpayment, the university University shall notify the employee in writing of the overpayment which will include information supporting that an overpayment exists and the amount of wages and/or benefits to be repaid. For purposes of recovering overpayments by payroll deduction, the following shall apply: (A) The university University shall be limited in using the payroll deduction process to a maximum period of three (3) years before the notification. (B) The employee and the university University shall meet and attempt to reach mutual agreement on a repayment schedule within thirty (30) calendar days following written communication. (C) If there is no mutual agreement at the end of the thirty (30) day calendar period, the university University shall implement the repayment schedule stated in Section 11(D9(D) of this Article. (D) If the overpayment amount to be repaid is more than five percent (5%) of the employee’s regular monthly base salary, the overpayment shall be recovered in monthly amounts not exceeding five percent (5%) of the employee’s base salary. If an overpayment is less than five percent (5%) of the employee’s regular monthly salary base, the overpayment shall be recovered in a lump sum deduction from the employee’s paycheck. If an employee leaves university University service before the university University fully recovers the overpayment, the remaining amount may be deducted from the employee’s final check(s). (E) Notwithstanding the above, Section 11(B9(B), (C), and (D) of this Article shall not apply to payroll adjustments necessitated by a discrepancy between actual hours of paid time versus hours projected for payroll purposes from one pay period to another. For example, if an employee utilizes leave without pay near the end of a month but is paid for such time because leave without pay was not anticipated at the payroll cutoff date for that month, the employee’s pay and benefit entitlements may be adjusted on the following month’s paycheck. (F) An employee who disagrees with the university University determination that an overpayment has been made to the employee, may grieve the determination through the grievance procedure. The employee may grieve after the thirty (30) calendar day period as stated in Section 11(B9(B) of this Article, if mutual agreement concerning the overpayment has not been reached. (G) This Section does not waive the universityUniversity’s right to pursue other legal procedures and processes to recoup an overpayment made to an employee at any time.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Recoupment of Wage and Benefits Overpayments. Except as provided in Article 53 – Reclassification Upward-Downward, Section 2, in the event the employee receives wages or benefits from the university to which the employee is not entitled, regardless of whether the employee knew or should have known of the overpayment, the university shall notify the employee in writing of the overpayment which will include information supporting that an overpayment exists and the amount of wages and/or benefits to be repaid. For purposes of recovering overpayments by payroll deduction, the following shall apply: (A) The university shall be limited in using the payroll deduction process to a maximum period of three (3) years before the notification. (B) The employee and the university shall meet and attempt to reach mutual agreement on a repayment schedule within thirty (30) calendar days following written communication.on (C) If there is no mutual agreement at the end of the thirty (30) day calendar period, the university shall implement the repayment schedule stated in Section 11(D) of this Article.the (D) If the overpayment amount to be repaid is more than five percent (5%) of the employee’s regular monthly base salary, the overpayment shall be recovered in monthly amounts not exceeding five percent (5%) of the employee’s base salary. If an overpayment is less than five percent (5%) of the employee’s regular monthly salary base, the overpayment shall be recovered in a lump sum deduction from the employee’s paycheck. If an employee leaves university service before the university fully recovers the overpayment, the remaining amount may be deducted from the employee’s final check(s). (E) Notwithstanding the above, Section 11(B), (C), and (D) of this Article shall not apply to payroll adjustments necessitated by a discrepancy between actual hours of paid time versus hours projected for payroll purposes from one pay period to another. For example, if an employee utilizes leave without pay near the end of a month but is paid for such time because leave without pay was not anticipated at the payroll cutoff date for that month, the employee’s pay and benefit entitlements may be adjusted on the following month’s paycheck. (F) An employee who disagrees with the university determination that an overpayment has been made to the employee, may grieve the determination through the grievance procedure. The employee may grieve after the thirty (30) calendar day period as stated in Section 11(B) of this Article, if mutual agreement concerning the overpayment has not been reached. (G) This Section does not waive the university’s right to pursue other legal procedures and processes to recoup an overpayment made to an employee at any time.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Recoupment of Wage and Benefits Overpayments. Except as provided in Article 53 – Reclassification Upward-Downward, Section 2, in In the event the employee receives wages or benefits from the university University to which the employee is not entitled, regardless of whether the employee knew or should have known of the overpayment, the university University shall notify the employee in writing of the overpayment which will include information supporting that an overpayment exists and the amount of wages and/or benefits to be repaid. For purposes of recovering overpayments by payroll deduction, the following shall apply: (A) The university University shall be limited in using the payroll deduction process to a maximum period of three (3) years before the notification. (B) The employee and the university University shall meet and attempt to reach mutual agreement on a repayment schedule within thirty (30) calendar days following written communication. (C) If there is no mutual agreement at the end of the thirty (30) day calendar period, the university University shall implement the repayment schedule stated in Section 11(D5(D) of this Article. (D) If the overpayment amount to be repaid is more than five percent (5%) of the employee’s regular monthly base salary, the overpayment shall be recovered in monthly amounts not exceeding five percent (5%) of the employee’s base salary. If an overpayment is less than five percent (5%) of the employee’s regular monthly salary base, the overpayment shall be recovered in a lump sum deduction from the employee’s paycheck. If an employee leaves university University service before the university University fully recovers the overpayment, the remaining amount may be deducted from the employee’s final check(s).amount (E) Notwithstanding the above, Section 11(B), (C), and (D) of this Article shall not apply to payroll adjustments necessitated by a discrepancy between actual hours of paid time versus hours projected for payroll purposes from one pay period to another. For example, if an employee utilizes leave without pay near the end of a month but is paid for such time because leave without pay was not anticipated at the payroll cutoff date for that month, the employee’s pay and benefit entitlements may be adjusted on the following month’s paycheck. (F) An employee who disagrees with the university University’s determination that an overpayment has been made to the employee, may grieve the determination through the grievance procedure. The employee may grieve after the thirty (30) calendar day period as stated in Section 11(B5(B) of this Article, if mutual agreement concerning the overpayment has not been reached. (GF) This Section does not waive the universityUniversity’s right to pursue other legal procedures and processes to recoup an overpayment made to an employee at any time.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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