Common use of Underpayment or Overpayment Clause in Contracts

Underpayment or Overpayment. Proper salary class and step placement is a joint responsibility of the faculty member and the District. Faculty are encouraged to keep up-to-date records of college courses they have completed and other accomplishments which apply toward salary class advancement. Faculty suspecting that they are incorrectly placed on the salary schedule should bring this information to the attention of the District Human Resources office immediately. In the event of underpayment or overpayment in a faculty member’s compensation, the following procedures shall control and be applicable only if the faculty member, or AFT, on its own behalf, and on behalf of the affected faculty member, agrees upon the fact and amount of underpayment or overpayment, and upon use of these procedures: Should underpayment or overpayment in compensation occur, for purposes of determining the amount to be refunded or collected, retroactivity shall be limited to one (1) calendar year from the time the error is brought to the attention of the affected faculty member or Human Resources. If the error cannot be corrected prior to the issuance of the subsequent pay warrant, retroactivity will be extended until a correct pay warrant is issued. In cases of underpayment, the District will issue a supplementary warrant for the amount due the faculty member. In cases of overpayment, the faculty member shall pay the full amount back to the District within one (1) calendar year from the date of the issuance of the faculty member’s first pay warrant which includes a deduction for a portion of the overpayment. In cases where the one (1) year time frame would cause the monthly repayment deduction to exceed five percent (5%) of the affected faculty member’s gross pay for that month, said deduction shall be limited to five percent (5%) of the faculty member’s gross pay, and the time frame for repayment shall be extended until the full amount is repaid.

Underpayment or Overpayment. Proper salary class and step placement is a joint responsibility of the faculty member and the District. Faculty are encouraged to keep up-to-date records of college courses they have completed and other accomplishments which apply toward salary class advancement. Faculty suspecting that they are incorrectly placed on the salary schedule should bring this information to the attention of the District Human Resources office immediately. In the event of underpayment or overpayment in a faculty member’s compensation, the following procedures shall control and be applicable only if the faculty member, or AFT, on its own behalf, and on behalf of the affected faculty member, agrees upon the fact and amount of underpayment or overpayment, and upon use of these procedures: Should underpayment or overpayment in compensation occur, for purposes of determining the amount to be refunded or collected, retroactivity shall be limited to one one (1) calendar year from the time the error is brought to the attention of the affected faculty member or Human Resources. If the error cannot be corrected prior to the issuance of the subsequent pay warrant, retroactivity will be extended until a correct pay warrant is issued. In cases of underpayment, the District will issue a supplementary warrant for the amount due the faculty member. In cases of overpayment, the faculty member shall pay the full amount back to the District within one (1) calendar year from the date of the issuance of the faculty member’s first pay warrant which includes a deduction for a portion of the overpayment. In cases where the one (1) year time frame would cause the monthly repayment deduction to exceed five percent (5%) of the affected faculty member’s gross pay for that month, said deduction shall be limited to five percent (5%) of the faculty member’s gross pay, and the time frame for repayment shall be extended until the full amount is repaid.