Pension – Statute of Limitations

By: Derek Hawkins//July 9, 2019//

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WI Court of Appeals – District I

Case Name: Carol Couturier v. Pension Board Employees’ Retirement System of Milwaukee County

Case No.: 2018AP1351

Officials: Brash, P.J., Kessler and Dugan, JJ.

Focus: Pension – Statute of Limitations

Carol Couturier appeals the trial court’s order affirming the decision of the Pension Board of the Employees’ Retirement System of Milwaukee County (Board) that upheld the recovery of seven months of pension overpayments made to Couturier by the Employees’ Retirement System of Milwaukee County (ERS). Couturier received the ERS pension payments as the sole beneficiary of her sister and ERS member, Gloria Schwensow.

Couturier argues that the Board erred in holding that there is no statute of limitations that applies to the ERS’s collection of the overpayments. We disagree, and for the reasons stated below affirm the trial court’s order.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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