Faculty Notes

Prof. Susan Joffe Interviewed by News 4 NY on MTA Recovering Overpaid Retirement Benefits

Susan H. Joffe, Associate Professor of Legal Writing

Professor Susan H. Joffe was interviewed in a news story on News 4 New York at 6 on March 6, 2014, concerning a widow who was asked by the MTA to repay more than $26,000 that had been paid to her husband in retirement benefits over several years, due to an error in calculations.

Professor Joffe explained that the pension fund had a fiduciary duty to retrieve any overpayments that were inadvertently paid. While the fund trustees may have some discretion in arranging the repayments in installments, and considering hardship to the individual, its primary duty is to all the participants and beneficiaries of the pension plan.