Vermont Statutes Annotated

Vt. Stat. Ann. tit. 16, § 1948 (2026)

✓ current as of May 2026

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(Cite as: 16 V.S.A. § 1948)

§ 1948. Errors

Should any mistake be made, or should any change or error in the records result in any member or beneficiary receiving from the System more or less than he or she would have been entitled to receive had the records been correct, the Board shall have the power, in its discretion, to correct such mistake or such error, and as far as practicable, to adjust the payments in such a manner that the actuarial equivalent of the benefit to which such member or beneficiary was correctly entitled shall be paid or in such a manner that the impact upon the fund is de minimis. (Amended 2017, No. 165 (Adj. Sess.), § 22.)

Notes of Decisions

Cited in 3 cases, 2002–2007 · leading case: Ahern v. Mackey, 925 A.2d 1011 (Vt. 2007).

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Ahern v. Mackey, 925 A.2d 1011 (Vt. 2007). · cites it 3× “Following our decision, plaintiffs here petitioned the Board under § 1948 for relief from their failure to purchase out-of-state service credit when switching from Plan A to Plan B in 1981. Some of the plaintiffs who had subsequently-purchased credit sought a refund.”

Jacobs v. State Teachers' Ret. Sys., 816 A.2d 517 (Vt. 2002). “Without attempting to detail them, we believe that plaintiff had alternative remedies which she did not pursue. The statutes specifically authorize the board to correct any benefit mistakes and errors, and plaintiff could have applied to it to remedy the alleged error caused by…”

Ahern v. Mackey (Vt. Super. Ct. 2005). · cites it 3× “” 16 V.S.A. § 1948. The board interpreted the statute as applying “only to mathematical or clerical errors and other analogous types of mistakes,” and concluded that there is no such claim involved in this case.”

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