(a) (1) If the Director of the Department of Workforce Services finds that a person knowingly has made a false statement or misrepresentation of a material fact or knowingly has failed to disclose a material fact and as a result of either action has received benefits under this chapter to which he or she was not entitled, then he or she is liable to repay the amount to the Unemployment Compensation Fund, or the director may recover the amount of the overpayment by deductions from any future benefits payable to the person under this chapter.
(2) Once the overpayment becomes final pursuant to § 11-10-527, the amount owed shall accrue interest at the rate of ten percent (10%) per annum beginning thirty (30) days after the date of the first billing statement.
(3) A penalty of fifteen percent (15%) of the amount of the overpayment at the time the overpayment becomes final shall be assessed on all fraudulent overpayments.
(b) (1) If the director finds that a person has received an amount as benefits under this chapter to which he or she was not entitled by reasons other than fraud, willful misrepresentation, or willful nondisclosure of facts, the person is liable to repay the amount to the Unemployment Compensation Fund.
(2) In lieu of requiring the repayment, the director may recover the amount by deduction of any future benefits payable to the person under this chapter unless the director finds that the overpayment was received without fault on the part of the recipient and that its recovery would be against equity and good conscience.
(c) A person held liable to repay an amount to the Unemployment Compensation Fund is subject to having any state income tax refund to which he or she may be entitled intercepted pursuant to § 26-36-301 et seq., as administered by the Revenue Division of the Department of Finance and Administration.
(d) (1) When an overpayment becomes final under § 11-10-527, the director shall present a certificate of overpayment describing the amount owed by the claimant to the circuit clerk of the county where the claimant is domiciled.
(2) The circuit clerk shall enter the certificate of overpayment in the docket of the circuit court for judgments and decrees and note the time of the filing of the certificate.
(3) After entry by the circuit clerk, the certificate of overpayment shall have the force of a judgment of the circuit court and shall bear interest at the rate of ten percent (10%) annually.
(4) An interest payment recovered from an overpayment to a claimant shall be deposited into the Department of Workforce Services Special Fund.
(5) A penalty payment recovered from an overpayment to a claimant shall be deposited into the Unemployment Compensation Fund.
(e) The federal income tax refund of a person held liable to repay an amount to the Unemployment Compensation Fund is subject to interception under the Claims Resolution Act of 2010, Pub. L. No. 111-291, or a regulation adopted to implement that law.
(f) The Department of Workforce Services may issue an overpayment determination contemporaneously with any other determination.
(g) The deductions from future benefits provided for in subdivisions (a)(1) and (b)(2) of this section may proceed during an appeal of the overpayment determination.
Section: Previous 11-10-525 11-10-526 11-10-527 11-10-528 11-10-529 11-10-530 11-10-531 11-10-532 11-10-533 11-10-534 11-10-535 11-10-536 11-10-537 11-10-538 11-10-539 NextLast modified: November 15, 2016