LawWiki
HomeCodesSearchGlossaryAPIAbout
LawWiki

Plain English summaries of California law with zero-hallucination AI. Every summary is verified against official source text.

Product

  • Search
  • Codes
  • About

Legal

  • Privacy Policy
  • Terms of Service
  • Disclaimer

© 2026 LawWiki. All rights reserved.

HomeEducation CodeDiv. 1Pt. 13.5Ch. 4§ 25955 Overpayment Recovery Limits

§ 25955 Overpayment Recovery Limits

Education Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 25955 Overpayment Recovery Limits

Key Takeaways

  • •If someone gets paid too much money by mistake, the extra amount can be taken back from their future payments.
  • •If the mistake was not the person's fault, only a small part (5%) can be taken from their monthly payment to fix it.
  • •If the person gave wrong or missing info by accident, a bigger part (15%) can be taken from their monthly payment to fix the mistake.
  • •The money is only taken back if the overpayment wasn’t because the person lied or cheated.

Example

A teacher gets $100 extra every month because the school made a mistake in calculating her pension.

The school can take back the extra $100, but only $5 (5%) from her next monthly pension check if it was the school’s mistake. If the teacher forgot to tell them she had another job, they could take $15 (15%) from her check instead.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 25955 Overpayment Recovery Limits

To recover an amount overpaid under this part, the monthly allowance payable under the Defined Benefit Program may be reduced by the amount of the overpayment. If the overpayment is not due to fraud or intentional misrepresentation of facts by the recipient of the allowance or benefit, the monthly allowance may be reduced by no more than 5 percent if the overpayment was due to error by the system, the county superintendent of schools, a school district, or a community college district, and by no more than 15 percent if the error was due to inaccurate or omitted information from the recipient of the allowance or benefit. (Added by Stats. 2002, Ch. 375, Sec. 36. Effective January 1, 2003.)

Last verified: January 23, 2026

Key Terms

Defined Benefit Programoverpaymentfraudintentional misrepresentationmonthly allowance

Related Statutes

  • § 22251 Plan Asset Use Restrictions
  • § 22252 Prohibited System Member Transactions
  • § 22253 Pension System Conflict Rules
  • § 22255 Board Member Liability Limits
  • § 26300 Employee Benefit Program Disclosure

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Education Code. Section 25955.
View Official Source