Now in Legal Rebels:
Posted May 03, 2011 01:49 pm CDT
A former lawyer in the New York City Corporation Counsel’s Office isn’t entitled to keep a pension overpayment caused by a computer error, a judge has ruled.
After seven years of pension payments, lawyer Alice Olick learned she had been overpaid $33,000, the New York Law Journal reports. The New York City Employee Retirement System reduced Olick’s benefits by nearly $1,000 a month to recoup the money, spurring Olick to sue.
Olick alleged the reduction of benefits, made with only eight days’ notice, was arbitrary and capricious. She also claimed the city was estopped from changing her benefits due to earlier promises that her pension was permanent.
Judge Manuel Mendez of Manhattan disagreed, ruling that New York City statutes allow the recovery, the story says.