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#1521813 - 03/15/11 03:21 PM ACH Reclamations
Doug Hendrickson Offline
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Doug Hendrickson
Joined: Oct 2009
Posts: 3,927
I'm familiar with the federal ach reclamation process as outlined in the "Green Book".

However, does anyone have any reference/citation for other types of reclamations? Specifically we got a letter from the PERA (Public Employees Retirement Association), indicating that they had just learned of the death of one of our customers and wanted funds back from a couple of ACHs deposited after death. Do we owe them any of the remaining funds in the account? Are we allowed (thinking GLBA here)to give them any information about who may have taken the other funds? I just can't seem to easily find any regulation/law to cite.
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I hear and I forget. I see and I remember. I do and I understand.--Confucius

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#1521825 - 03/15/11 03:39 PM Re: ACH Reclamations Doug Hendrickson
John Burnett Offline
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John Burnett
Joined: Oct 2000
Posts: 40,086
Cape Cod
Doug,

Look in the other direction. When your bank endorses a check that PERA issues, there may be a legend on the check warning you that the payee has to be alive on the issue date of the check. But when you accept PERA direct deposits, you don't sign anything as the bank that binds you to a reclamation process. The Treasury Department can force you into accepting reclamations under regulations, but I'm betting that PERA can't.

I'd suggest responding with a request for a citation from PERA to the law or state regulation that requires you to return the funds.
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