8303.1 - Waiver of adjustments.

     § 8303.1.  Waiver of adjustments.        (a)  Allowance.--Upon appeal by an affected member,     beneficiary or survivor annuitant, the board may waive an     adjustment or any portion of an adjustment made under section     8534(b) (relating to fraud and adjustment of errors) if in the     opinion of the board or the board's designated representative:            (1)  the adjustment or portion of the adjustment will        cause undue hardship to the member, beneficiary or survivor        annuitant;            (2)  the adjustment was not the result of erroneous        information supplied by the member, beneficiary or survivor        annuitant;            (3)  the member had no knowledge or notice of the error        before adjustment was made, and the member, beneficiary or        survivor annuitant took action with respect to their benefits        based on erroneous information provided by the system; and            (4)  the member, beneficiary or survivor annuitant had no        reasonable grounds to believe the erroneous information was        incorrect before the adjustment was made.        (b)  Time period.--In order to obtain consideration of a     waiver under this section, the affected member, beneficiary or     survivor annuitant must appeal to the board in writing within 30     days after receipt of notice that benefits have been adjusted     or, if no notice was given, within 30 days after the adjustment     was known or should have been known to the affected member,     beneficiary or survivor annuitant. For any adjustments made     prior to the effective date of this subsection for which the     member, beneficiary or survivor annuitant appealed to the board     and was denied, an appeal under this section must be filed     within 90 days of the effective date of this subsection.     (June 18, 1998, P.L.685, No.88, eff. imd.)        1998 Amendment.  Act 88 added section 8303.1.