Neupert had been told by ETF in February 2013 that her 13.41 years of eligible service qualified her for payments of $2,095 a month until age 62 and $1,005 a month after that. Based on that information after a meeting with a specialist at ETF, Neupert decided to retire that June. “I based my financial future on that amount,” Neupert wrote.

Seven months later, ETF sent her notice of the final computed annuity amount, which revealed her original benefit estimate had been calculated using 22.41 years of service instead of 13.41 years. The correct amounts were $1,522 and $406. She also had to pay back $3,910 the state had overpaid in those seven months.

Neupert’s claim with the board for $107,249 was based on compensation for the overpayment and the reduction in her annuity caused by the mistake. She said she probably would have continued working if she had been given the correct numbers in the first place.

ETF told the Claims Board it lacks the authority to pay for its mistakes and, by law, “erroneous or mistaken advice or negligence in performance of a duty may not be the basis for granting a right or benefit to an appellant.”