1. (a) To find that an adjustment made under section 8534(b) of the Retirement Code (relating to fraud and adjustment of errors) meets the undue hardship test under section 8303.1(a)(1) of the Retirement Code (relating to waiver of adjustments), the Board requires that either:

   1. (1) The adjustment causes a reduction in excess of 5% of the monthly annuity.
   2. (2) The adjustment results in the member losing eligibility for a benefit other than an annuity.
2. (b) Retirement Code reference: Section 8303.1 of the Retirement Code.

Authority

The provisions of this § 213.3a adopted under the Public School Employees’ Retirement Code, 24 Pa.C.S. § 8502(h).

Source

The provisions of this § 213.3a adopted August 1, 2008, effective August 2, 2008, 38 Pa.B. 4083.