(a) Upon appeal to the Board by an affected member or beneficiary under (b) of this section, the Board may waive an adjustment or any portion of an adjustment made under § 8122.1 if, in the opinion of the Board: (1) the adjustment or portion of the adjustment will cause undue hardship to the member or beneficiary; (2) the adjustment was not the result of erroneous information supplied by the member or beneficiary; and (3) the member or beneficiary had no reasonable grounds to believe the records were incorrect or a mistake had been made before the adjustment was made. (b) In order to obtain consideration of a waiver under this section, the affected member or beneficiary must appeal to the Board in writing within thirty (30) days after receipt of notice that an adjustment is to be made. (c) The Board may conduct a hearing on an appeal under this Section. (d) The Board may impose conditions on the granting of a waiver which it considers equitable. These conditions may include requiring the member or beneficiary to make additional contributions, with interest, to the Fund.
COL 2026-05-05
(e) The Board may reconsider a ruling under this section, pursuant to the procedures set fort[h] in the Administrative Adjudication Act. SOURCE: Added by P.L. 28-068:IV:96 (Sept. 30, 2005).