Recovery of Overpayments. On occasion a payment will be made to You when You are not covered, for a service that is not Covered, or which is more than is proper. When this happens We will explain the problem to You and You must return the amount of the overpayment to Us within 60 days after receiving notification from Us. However, We shall not initiate overpayment recovery efforts more than 24 months after the original payment was made unless We have a reasonable belief of fraud or other intentional misconduct.
Recovery of Overpayments.
(1) The Employer has an obligation under the Financial Management Act 2006 (WA) to account for public monies. This requires the Employer to recover overpayments made to an employee.
(2) Any overpayment will be repaid to the Employer within a reasonable period of time.
(3) An overpayment may be of a monetary value or a form of paid leave.
(4) Where an overpayment is identified and proven, the Employer will provide the employee with the written details of the overpayment and notify the employee of their intent to recover the overpayment.
(5) Where the employee accepts that there has been an overpayment, arrangements for the recovery of the overpayment will be negotiated between the Employer and employee.
(6) If agreement on a repayment schedule cannot be reached within a reasonable period of time, the Employer may deduct the amount of the overpayment over the same period of time that the overpayment occurred provided:
(a) the Employer may not deduct or require an employee to repay an amount exceeding 10% of the employee’s net pay in any one pay period without the Employee’s agreement; and
(b) where necessary, an Employer may deduct money over a period of time greater than the period of time over which the overpayment occurred.
(7) If the employee disputes the existence of an overpayment and the matter is not resolved within a reasonable period of time, the matter should be dealt with in accordance with Clause 69 – Dispute Resolution Procedure. No deductions relating to the overpayment will be made from the employee’s pay while the matter is being dealt with in accordance with the Dispute Resolution Procedure.
(8) Nothing in this clause will be taken as precluding the Employer’s legal right to pursue recovery of overpayments.
(9) Where the employer alters the pay cycle or pay day, any consequential variations to an employee’s fortnightly wages and/or payments to compensate will not be considered an overpayment for the purpose of this clause.
Recovery of Overpayments. Any funds disbursed to Recipient under this Agreement that are expended in violation or contravention of one or more of the provisions of this Agreement “Misexpended Funds” or that remain unexpended on the earlier of termination or expiration of this Agreement must be returned to OHA. Recipient shall return all Misexpended Funds to OHA promptly after XXX’s written demand and no later than 15 days after OHA’s written demand. Recipient shall return all Unexpended Funds to OHA within 14 days after the earlier of termination or expiration of this Agreement. OHA, in its sole discretion, may recover Misexpended or Unexpended Funds by withholding from payments due to Recipient such amounts, over such periods of time, as are necessary to recover the amount of the overpayment. Prior to withholding, if Recipient objects to the withholding or the amount proposed to be withheld, Recipient shall notify OHA that it wishes to engage in dispute resolution in accordance with Section 14 of this Exhibit.
Recovery of Overpayments. 12.14.1 It is the intention of the College to recover overpaid wages occurring due to clerical error using the procedure contained in Article 12.14.
12.14.2 When an obvious overpayment has occurred, the College may correct it within 1 month of its occurrence, without need for consultation with the affected employees or the Union.
12.14.3 If an overpayment occurred which was not corrected within 1 month of its occurrence, the College will notify the affected employees and the Union in writing, specifying:
a) the amount of overpayment claimed;
b) a general description of the situation which gave rise to the claimed overpayment;
c) a detailed calculation of the claimed overpayment;
d) the intended schedule of recovery;
e) the employees’ right to consult with the Union regarding this matter.
12.14.4 If the employees or the Union dispute either the intended recovery or the calculation provided, the matter will be discussed informally with a Human Resources Representative and an effort made to reconcile the calculation and to accommodate the employees regarding the schedule of recovery. If alternate arrangements are agreed, they will be confirmed in writing to all concerned.
12.14.5 If agreement cannot be reached informally, the matter will be dealt with through Article 10 Grievance Procedure commencing at Step 3. Recovery will not proceed until the Grievance is resolved.
12.14.6 If the employees leave the employment of the College before recovery is accomplished, complete recovery will form part of the normal end-of-employment reconciliation practices.
12.14.7 The College may only recover overpayments within 1 year of their occurrence.
12.14.8 If employees notify a Human Resources Representative in writing with a copy to the Union that they believe they have been overpaid and the College takes no action to recover the overpayment within 4 weeks of the written notification, it cannot attempt to do so later.
12.14.9 Article 12.14 does not apply to normal reconciliation at the end of employment for vacation, gratuity leave and other entitlements where reconciliation is clearly specified in the Agreement, or to garnishees or other court-ordered claims initiated by a third Party.
Recovery of Overpayments. 1. It is the responsibility of both the employer and the employee to ensure that payments are correct.
2. Where an overpayment does occur, the recovery of the overpayment shall be in a manner agreed between the employer and the employee concerned or, where the overpayment arose as a result of a previous period of employment, between the former employer and the employee concerned.
3. Nothing in this clause shall prevent the employer from pursuing any other remedies available in law to recover overpayments. The employer should, however, endeavour to ensure that the employee is not caused undue hardship as a result of any such recovery.
Recovery of Overpayments. For purposes of overpayment, this agreement supersedes Government Code section 19838.
Recovery of Overpayments. When an employee has been overpaid for two or more consecutive pay periods, through no fault of her own and the overpayment is in excess of fifty dollars ($50.00), the paying office will, before recovery action is implemented, advise the employee of the intention to recover the overpayment. If the employee advises her local management that the stated recovery action will create a hardship, recovery will not exceed ten (10%) percent of the employee’s pay each pay period until the entire amount is recovered. Notwithstanding the foregoing, in the event employment ceases, any outstanding amounts may be recovered from final pay.
Recovery of Overpayments. A. The Contractor, and any subcontractor or any network provider of the Contractor, shall report to the Department within 60 calendar days when it has identified payments in excess of amounts specified for reimbursement of Medicaid services. (42 C.F.R. § 438.608(c)(3).)
B. The Contractor, or subcontractor, to the extent that the subcontractor is delegated responsibility for coverage of services and payment of claims under this Contract, shall implement and maintain arrangements or procedures that include provision for the suspension of payments to a network provider for which the State, or Contractor, determines there is a credible allegation of fraud. (42 C.F.R. §§ 438.608(a)(8) and 455.
C. The Contractor shall specify the retention policies for the treatment of recoveries of all overpayments from the Contractor to a provider, including specifically the retention policies for the treatment of recoveries of overpayments due to fraud, waste, or abuse. The policy shall specify the process, timeframes, and documentation required for reporting the recovery of all overpayments. The Contractor shall require its network providers to return any overpayment to the Contractor within 60 calendar days after the date on which the overpayment was identified. The Contractor shall also specify the process, timeframes, and documentation required for payment of recoveries of overpayments to the Department in situations where the Contractor is not permitted to retain some or all of the recoveries of overpayments. (42 C.F.R. § 438.608(d).)
Recovery of Overpayments. IF BILLINGS UNDER THIS CONTRACT, OR UNDER ANY OTHER CONTRACT BETWEEN CONTRACTOR AND ODHS, RESULT IN PAYMENTS TO CONTRACTOR TO WHICH CONTRACTOR IS NOT ENTITLED, ODHS, AFTER GIVING WRITTEN NOTIFICATION TO CONTRACTOR, MAY WITHHOLD FROM PAYMENTS DUE TO CONTRACTOR SUCH AMOUNTS, OVER SUCH PERIODS OF TIME, AS ARE NECESSARY TO RECOVER THE AMOUNT OF THE OVERPAYMENT, UNLESS CONTRACTOR PROVIDES A WRITTEN OBJECTION WITHIN 14 CALENDAR DAYS FROM THE DATE OF THE NOTICE. ABSENT TIMELY WRITTEN OBJECTION, CONTRACTOR HEREBY REASSIGNS TO ODHS ANY RIGHT CONTRACTOR MAY HAVE TO RECEIVE SUCH PAYMENTS. IF CONTRACTOR PROVIDES A TIMELY WRITTEN OBJECTION TO ODHS’ WITHHOLDING OF SUCH PAYMENTS, THE PARTIES AGREE TO CONFER IN GOOD FAITH REGARDING THE NATURE AND AMOUNT OF THE OVERPAYMENT IN DISPUTE AND THE MANNER IN WHICH THE OVERPAYMENT IS TO BE REPAID. ODHS RESERVES ITS RIGHT TO PURSUE ANY OR ALL OF THE REMEDIES AVAILABLE TO IT UNDER THIS CONTRACT AND AT LAW OR IN EQUITY INCLUDING ODHS’ RIGHT TO SETOFF.
Recovery of Overpayments. If xxxxxxxx under this Agreement, or under any other Agreement between County and OHA, result in payments to County to which County is not entitled, OHA, after giving to County written notification and an opportunity to object, may withhold from payments due to County such amounts, over such periods of time, as are necessary to recover the amount of the overpayment. Prior to withholding, if County objects to the withholding or the amount proposed to be withheld, County shall notify OHA that it wishes to engage in dispute resolution in accordance with Section 19 of this Agreement.
