(a) Whenever any person has been paid retirement benefits in excess of that which he was entitled to receive, by reason of excess earnings in gainful occupation after retirement, such person, upon demand of the Retirement Board, shall pay back into the Retirement Fund such excess.
(b) The full amount of such retirement benefits paid in excess of that which such person was entitled to receive shall be repaid to the Retirement Fund in one sum immediately upon demand, provided that the Retirement Board may permit the repayment to be made in installments where it finds that repayment in one sum immediately would cause undue hardship on such person.
(c) Funds received as repayment of such excess shall be returned to the account from which the excess was paid.
(d) The Retirement Board may authorize and direct the withholding of any and all benefit payments to such person until the full amount of such excess has been repaid. Where benefit payments are not withheld, while installment repayments are permitted by the Retirement Board, should the person fail or neglect to promptly pay any installment when due the Retirement Board at its discretion may forthwith authorize or direct the withholding of any and all further benefit payments to such person until repayment is made of the full amount of the excess or the full amount of the unpaid installments.
(e) The City Attorney is hereby authorized and directed to take such action against such person, upon request of the Retirement Board, as may be necessary to effect full recovery of any such excess.
(Added by Ord. 96-63, App. 5/2/63)
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