An employee started a new job and applied for health insurance benefits for himself and his spouse. His wife was also starting a new job. He was told that he had to file a form with his employer to avoid paying a surcharge for his wife, and would have to submit the form along with proof that she was not eligible for health insurance coverage through her own job. Due to problems getting the form and getting documentation from his wife's employer, the form was not filed until 31 days after the man started his job, and the H.R. department started to impose a surcharge based upon the form's not being returned within 30 days.
The H.R. department managed to stop the surcharge, but by then the man had paid the surcharge out of five paychecks. Can he get the surcharge refunded?