§1665.2. Recovery of state or federal benefit overpayments
A. The requesting state shall do all of the following:
(1) Send the recovering state a written or electronic request for overpayment recovery assistance, Form IB-8606, which includes certification that the overpayment is legally collectable under the requesting state's law, certification that the determination is final and that any rights to postponement of recoupment have been exhausted or have expired, a statement as to whether the state is participating in the cross-program overpayment recovery agreement with the United States secretary of labor, a copy of the initial overpayment determination, and a statement of the outstanding balance.
(2) Send notice of this request to the claimant.
(3) Send a new outstanding overpayment balance to the recovering state whenever the requesting state receives any amount of repayment from a source other than the recovering state.
B. The recovering state shall:
(1) Issue an overpayment recovery determination to the claimant which includes at a minimum all of the following:
(a) The statutory authority for the offset.
(b) The opportunity to appeal the offset of benefits if the recovering state allows for appeal on the recovery of overpayment of regular unemployment compensation paid by such state.
(c) The name of the state requesting recoupment.
(d) The date of the original overpayment determination.
(e) The type of overpayment, fraud, or mistake.
(f) The program type, including but not limited to UI, UCFE, UCX, TRA.
(g) The total amount to be offset.
(h) The amount to be offset weekly.
(i) Instructions that any questions about the overpayment amount should be referred to the requesting state.
(2) Offset benefits payable for each week claimed in the amount determined under state law.
(3) Notify the claimant of the amount offset.
(4) Prepare and forward, no less than once a month, a payment representing the amount recovered, made payable to the requesting state, except as provided for in combined wage claims.
(5) Retain a record of the overpayment balance.
(6) Not redetermine the original overpayment determination.
(7) Recover across benefit years and programs.
(8) Use the ET Handbook No. 392, or any official superceding United States Department of Labor requirements for determining priorities for offsetting overpayments.
Acts 2013, No. 48, §1.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.