Montana Code 19-20-1214. Costs and fees for recovering amounts owed
19-20-1214. Costs and fees for recovering amounts owed. (1) Unless an overpayment or unpaid contributions resulted solely from an error of the retirement system, in any contested case or other civil proceeding for correction of an error or recovery of an overpayment or unpaid contributions, the retirement system is entitled to the costs enumerated in 25-10-201 and to reasonable attorney fees if:
Terms Used In Montana Code 19-20-1214
- Error: means any of the following, whether or not intended, that has resulted in or may result in the retirement system paying more or less on behalf of a member than is authorized to be paid or in the retirement system receiving more or less in contributions than is required to be paid to the retirement system pursuant to plan terms:
(a)a clerical mistake;
(b)a failure to fully and correctly perform a required act or provide required information;
(c)an assertion or other representation of fact or circumstance that is not complete and accurate; or
(d)an incorrect understanding, construction, or application of plan terms or other applicable law or policy. See Montana Code 19-20-1201
- overpayment: means the total amount of all monthly retirement benefits or other amounts paid by the retirement system on behalf of a member due to an error. See Montana Code 19-20-1201
- Unpaid contributions: means the total amount of all monthly contributions or other contribution amounts not received by the retirement system due to an error. See Montana Code 19-20-1201
(a)the retirement system prevails in its claim or defense; and
(b)the court finds, upon judicial review, that the claim or defense of the other party that brought or defended the action was frivolous or was pursued in bad faith.
(2)If there are multiple parties adverse to the retirement system in a contested case, the parties are jointly and severally liable for the costs and fees awarded to the retirement system.