Erroneous payments and contributions.
San José Municipal Code § 3.49.065
in effect3.49.065 - Erroneous payments and contributions.
A. If a payment from the trust fund is made that according to the terms of the plan and the benefits provided hereunder should not have been made, the city may recover that incorrect payment, by whatever means necessary, whether or not it was made due to the error of the city, from the person to whom it was made or from any other appropriate party. For example, if any such incorrect payment is made directly to a participant or beneficiary, the city may deduct it when making any future payments directly to that participant or beneficiary.
B. If any contribution (or any portion of a contribution) is made to the plan by a good faith mistake of fact, then within one year after the payment of the contribution, and upon receipt in good order of a proper request approved by the city, the amount of the mistaken contribution (adjusted for any income or loss in value, if any, allocable thereto) shall be returned directly to the participant or, to the extent required or permitted by the city, to the city.
(Ord. 29184.)
Source: City of San José, Municipal Code (Municode Library, library.municode.com)URL: https://library.municode.com/ca/san_jose/codes/code_of_ordinances?nodeId=TIT3PE_IIREPL_CH3.49UNMADECO401PL_3.49.065ERPACOFetched: 11/1/2026