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Guest cbihm

Disability retirement and retroactive administrative code

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Guest cbihm

I retired from the Texas Department of Corrections in 1989, it was a forced medical retirement. at that time the code they used, texas administrative code chapter 34 title 73.17 stated that if I could not return to my original position or an equal paying state position, I must take a disability retirement. I tried to get re-assigned and was told that I coud not, I had to take the retirement (I was 28 at the time). I took the retirement, went to school and learned computer repair.

In 2001, chapter 34 title 73.17 was changed to read if I could not return to my original position, or ANY position of equal or greater pay, I must retire.

In 2005 I get a letter from the retirement system telling me that I make more money than my original position and I have to pay back benefits. I called and tried to explain that I had retired under a different rule, and that I had never been notified of the change which would require me to notify them of employment and wage status.

They basically said that it doesn't matter what the rule said back then, I have to submit wage reports from 1989 to 2005 to determine how much I have to pay back.

Can they do that?, I have been trying to get a lawyer, but cannot find one in my area that does administrative law, I will have to get one in Austin and travel back and forth (which I can hardly afford to do, my boss now will fire me, and I will loose all income.)

Any Ideas, sugestions?

Thanks

Clint

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I don't know why you need a local lawyer. Why are you going to be traveling back and forth - you want to buy him (her) lunch? Try NELA's website, http://www.nela.org . I bet you can find an ERISA, Benefits, Employment Law, Disability or Public Employees lawyer that isn't too far away and will work with you via fax and email for the most part.

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