70 Refund of Overpayment of Benefits — Right of Recovery If the Fund pays benefits for expenses incurred on account of you or your Eligible Dependent, you or any other person or organization that was paid must make a refund to the Fund if: • All or some of the expenses were not paid or did not legally have to be paid by you or your eligible dependents; • All or some of the payment made by the Fund exceeds t he benefits under the Plan; or • All or some of the expenses were recovered from or paid by a source other than this Plan including another plan to which this Plan has secondary liability under the Coordination of Benefits provisions. This may include paymen ts made as a result of claims against a third party for negligence, wrongful acts or omissions. The refund will equal the amount the Fund paid in excess of the amount it should have paid under the Plan. In the case of recovery from or payment by a source other than this Plan, the refund equals the amount of the recovery or payment up to the amount the Fund paid. If you or any person or organization that was paid does not promptly refund the full amount, the Fund may reduce the amount of any future benefits that are payable under the Plan. The reductions will equal the amount of the required repayment, plus interest. The Fund may have other rights in addition to the right to reduce future benefits.
2018 BTF Plan C Page 74 Page 76