Service Employees 32BJ North Pension Fund

North Pension Fund Summary Plan Description (SPD) >> Overpayments

If the benefit payments made to you exceed the amount which is due under the Plan for any reason (including, without limitation, mistake of fact or law, reliance on any false or fraudulent statements, information or proof submitted by a claimant, or the continuation of payments after the death of a Participant or Beneficiary entitled to them), the Trustees (or their delegate) shall have full authority, in their sole and absolute discretion, to recover the amount of any overpayment plus interest, attorneys fees and costs. That authority shall include, but shall not be limited to:

• The right to reduce benefits payable in the future to the person who received the overpayment;

• The right to reduce benefits payable to any Beneficiary (including a Surviving Spouse) who is or becomes entitled to receive payments under the Plan derived from the rights of a Participant who received an overpayment; and

• The right to initiate legal action against any person or estate that received or benefitted from the overpayment.