Professional Documents
Culture Documents
IN GENERAL
This chapter deals with state law provisions identifying, establishing, and collecting overpayments. All states’
laws have provisions addressing these matters. A state’s law generally differs in the treatment of overpayments where
the claimant is not at fault and overpayments where the claimant has committed fraud or willful misrepresentation, or
concealed material facts. In addition, the state laws contain provisions for fines and imprisonment for willfully or
intentionally misrepresenting or concealing facts which are material to a determination concerning the worker’s
entitlement to benefits.
NONFRAUD PROVISIONS
WAIVERS—Some states provide that, if the overpayment is without fault on the individual's part, the individual is not
liable to repay the amount overpaid. The following table lists the states that waive certain nonfraud overpayments.
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OVERPAYMENTS
RECOVERY PROVISIONS—All state laws provide for recovering benefits paid to workers who later are found not
to be entitled to them. In addition to direct repayment, states utilize several tools to recoup these funds. States may, at
the discretion of the agency, recover overpayments by deducting from future benefits payable (benefit offset). They
also may offset overpayments with state tax refunds due to the worker. They also can compel repayment by pursuing
civil action in state court. Finally, some states may assess interest on outstanding overpayment balances. The
following table provides information about how states recover nonfraud overpayments.
WBA U U
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OVERPAYMENTS
WBA U U
MS 100 5 years from last day of week overpaid. No Yes 1% per month on principal
balance after 1st full month
OP established.
MO 100 No No No No
MT 50, higher if 5 years. Must file lien against claimant's real Yes No No
claimant permits. and personal property to extend to 10 years.
NE Any amount per 3 years from end of BYE on which overpaid Yes Yes No
week and any weeks were paid.
amount up to MBA.
NV 50 5 years from date OP established. No No No
NH 1-10 10 years from date OP decision is final. No Yes 1% per month on principal
balance from 1st day of
month after decision if not
paid within 60 days.
NJ 100 or 50 No Yes Yes 2% annually 6 months after
debt established if no formal
payment agreement.
NM 100; 50 or 75 if No Yes Yes No
request approved.
NY 50 No No No No
NC 50 3 years from date OP is established. Yes Yes 4/U U No
ND Minimum 50 No Yes Yes 18% starting 180 days after
establishment of OP or 180
days from date of final
appeal determination.
OH 100 3 years from date decision is final. No No No
OK 100 No; Except for admin error, 1 year from Yes; Admin. Yes; Admin. 1% per month starting
expiration of benefit year current at time OP error error month following date
established. established.
OR 100 1 year from week decision became final for Yes; (if fault Yes If fault, 1% per month from
nonfault OPs. No time limit for fault OPs. OP) 1st day of month following
60 days after final decision.
PA 331/3 (nonfault); 4 (nonfault), 7 (fault) years from application No Yes 4 % and begins 15 days
100 (fault) for benefits date. after determination date.
PR 50 5 years from date OP established. No No No
RI 100 No Yes Yes No
SC 100 No Yes No No
SD 100 No No Yes 12% per year upon
establishment of fault OP or
6 months after
establishment of nonfault
OP.
TN 100 No N/A Yes No
TX 100 No limit for OP absorptions on subsequent No Yes 1% per month from 30 days
benefit years. after served (when becomes
judgment).
UT 50 If nonfault, 3 years from date decision is final. No No No
If fault, 8 years from effective date of
judgment lien.
VT 100 5 years from determination date. Yes Yes No
VA 100; 50 if admin No Yes No No
error.
VI Depends on amount 2 years from date OP was established. Yes Yes No
& ability of
claimant.
WA 50 No No Yes 1% per month (simple
interest) after ≥ 2 minimum
monthly payments are
delinquent.
WV 100 5 years from last day of week overpaid. No No No
WI 100 No Yes Yes No
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WBA U U
FRAUD PROVISIONS
RECOVERY PROVISIONS, FINES, & CRIMINAL PENALTIES—For fraud, including willful misrepresentation
generally and concealment of facts, states utilize the same methods to recover overpayments as they do for nonfraud
overpayments. However, most states can pursue criminal action in court, which can lead to monetary assessments and
prison sentences. Further, states can administratively assess additional monetary fines or penalties. Although UI
benefit fraud typically involves a claimant’s attempt to obtain or increase benefits, it also includes employers who
attempt to prevent or reduce benefits to eligible claimants and employers who abet a claimant’s attempt to fraudulently
claim benefits. The following table provides information about how states treat benefit fraud.
Note: The table reflects state law provisions. A state’s policy may be different (e.g. it may not, in fact, pursue criminal
prosecution) and can change.
Recovery of OPs Through Offset Monetary Assessments Max Prison Time Imposed
Benefits When Fraud Committed:
State State
Number of Interest Fines or Penalties Fines or Penalties
Reduction in Tax
Years Charged on Claimant on Employer By Claimant By Employer
WBA (%) Refunds
Limited
4 x WBA to
6 from date
AL 100 Yes No maximum benefit $50-500 1 year 1 year
OP is final.
amount.
50% of each fraud
AK 100 No No No 2/ 5 years 2/
OP.
U U U U
Depends on
10% per
AZ 100 No Yes 1/ 2/ $2,500 claimant's 6 months
year.
U U U U
record.
1.5% per
AR 100 No Yes 10% of OP. $20-200 20 years 60 days
month.
7% until
summary
6 years from judgement 30% of OP. 1 year 1 year
CA 100 Yes $20,000
mailing. filed. 10% $20,000 minimum. minimum.
until paid
in full.
Penalty: 50% of
CO 100 No No No OP. Fine: $25 to $25-1,000 3/
U U 6 months 6 months
$1,000.
1% per
month 1 year 1 year
CT 100 8 years Yes 2/ 2/
(starting minimum. minimum.
U U U U
7/05.)
5 years from
18% per
DE 100 end of benefit Yes 1/ $20-50 $20-200 60 days 60 days
year.
U U
year.
DC 100 No Yes 1/U U No $200 $1,000 60 days 6 months
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OVERPAYMENTS
Recovery of OPs Through Offset Monetary Assessments Max Prison Time Imposed
Benefits When Fraud Committed:
State State
Number of Interest Fines or Penalties Fines or Penalties
Reduction in Tax
Years Charged on Claimant on Employer By Claimant By Employer
WBA (%) Refunds
Limited
5 years from
FL 100 No No 2/ $5,000 5 years 5 years
date establish.
U U
Up to $1,000 for
4 years from 1% per basic fraud; at least 12 months per
GA 50 Yes 10% on principal. 2/
date establish. month. $1,000 for multiple count.
U U
counts.
2 years from
mailing or
final appeal
decision.
HI 100 No No 2/ $20-200 5 years 60 days
After, if
U U
claimant
agrees (% up
to claimant).
ID 100 No Yes 1/U U No 2/
U U $20-200 2/
U U 2/ U U
9% per
IL 100 No Yes 1/ $5- 500 $5-500 180 days 180 days
year.
U U
10 years from
end of 1.5% per $50 1st offense,
KY 100 Yes $10-50 1 year 1-5 years
applicable month $100 2nd offense.
benefit year.
Penalty is greater
LA 100 No Yes No of $20 or 25% of $50-1,000 10 years 30-90 days
OP balance.
50% 1st incident,
1% per 75% 2nd incident,
ME 100 No Yes 2/ 2/ 2/
month. 100% other
U U U U U U
incidents.
1.5% per
MD 100 No Yes 1/ Up to $1,000. Up to $1,000. 90 days 90 days
month.
U U
1% per
month until
Fine of $1,000 - 6 months to 5
MA 100 No Yes total $2500-10,000 1 year
$10,000. years
interest =
50% of OP.
6 years from Up to 4 x OP Up to 4 x amount
MI 100 Yes No 10 years 10 years
OP. amount. involved.
10 years from
25% on 1st and
MN 100 date Yes 1/ No 2/ 20 years 20 years
50% on 2nd.
U U U U
determined.
P P
30 days for
5 years from
1% per each
MS 100 last week No $100-500 $100-1,000 6 months
month. fraudulent
overpaid.
week.
6 months for 6 months for
25% - 100% of 25% - 100% of
MO 100 No Yes 1/ No each each
fraudulent amount fraudulent amount
U U
violation. violation.
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Recovery of OPs Through Offset Monetary Assessments Max Prison Time Imposed
Benefits When Fraud Committed:
State State
Number of Interest Fines or Penalties Fines or Penalties
Reduction in Tax
Years Charged on Claimant on Employer By Claimant By Employer
WBA (%) Refunds
Limited
Depends on
Penalty: 100%
recom-
50, more if 5 years. 10 principal for each 30 days for
mendation of
MT claimant years if file Yes No offense within 5 $50-500 each false
district
permits. lien. years of most statement.
attorney
recent OP.
/employer.
3 years from
end of 90 days for
NE 100 Yes No Up to $500 Up to $500 90 days
applicable each count.
benefit year.
Civil
5 years from
judgments
NV 100 date OP est- No $2,000 $2,000 10 years 10 years
only (6%
ablished.
per year).
10 years from
date OP 1% per
NH 1-10 No Up to $4,000 Up to $100,000 15 years 15 years
decision is month.
final.
Greater of $20 per
2% per $100 to $1,000 per Decided by
NJ 100 No Yes 1/ week or 25% of 90 days
year. offense. court.
U U
total OP.
NM 100 No Yes No Up to $100. Up to $100. 30 days 30 days
9% per
year (civil
NY 100 No Yes 1/ $500 $500 1 year 1 year
action
U U
only)
10 years from
NC 100 date Yes No Up to $200 Up to $200 2 years 2 years
established.
18% per
ND 100 No Yes 1/ $10,000 fine. $1,000 fine. 10 years 30 days
year.
U U
6 years from
14% per
OH 100 date OP is No Up to $1000 Up to $1,000 6 months 6 months
year.
final.
Up to $500 each
1% per
OK 100 No Yes week after $50-500 6 months 90 days
month.
conviction.
1% per
OR 100 No Yes 1/ Up to $100,000 $100-500 N/A 90 days
month.
U U
Computed
7 years from 30 days per
annually $100 - $1,500 per 30 days per
PA 100 date apply for No $100-1,000 week illegally
based on offense. offense.
benefits. claimed.
IRS rate.
5 years from
PR 100 date No No 2/
U U $1,000 2/
U U 1 year
established.
Greater of $1,000 Greater of $1,000
1.5% per
RI 100 No Yes or double value of or double value of 1 year 1 year
month.
fraud. fraud.
30 days for
each offense
SC 100 No Yes No $20-100 $20-100 30 days
or week
claimed.
12% per
SD 100 No No $1,000 fine $1,000 fine 1 or 2 years. 1 or 2 years.
year.
1 year 1 year
TN 100 No N/A No 2/ 2/
(minimum) (minimum)
U U U U
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OVERPAYMENTS
Recovery of OPs Through Offset Monetary Assessments Max Prison Time Imposed
Benefits When Fraud Committed:
State State
Number of Interest Fines or Penalties Fines or Penalties
Reduction in Tax
Years Charged on Claimant on Employer By Claimant By Employer
WBA (%) Refunds
Limited
Depends on
whether
1% per
TX 100 No No $4,000 $4,000 prosecuted as 2/
month.
U U
misde-meanor
or felony.
UT N/A N/A Yes 1/
U U No 100% Up to $20,000 15 years 5 years
5 years from
VT 100 determin- Yes 1/
U U No Up to $50. Up to $50. 30 days 30 days
ation date.
VA N/A 4/U U N/A 4/
U U Yes 1/
U U No Up to $1,000. Up to $1,000. 1 year 1 year
Depends on
2 years from
amount and
VI date OP is No No $50- $200 $50 - $200 60 days 60 days
ability of
final.
claimant.
1% per
WA 100 No No $20-250 $20-250 90 days 90 days
month.
10 years from
Varies (up to
WV 100 last week No No $20-200 30 days 30 days
court).
overpaid.
25% to 4 x benefit
WI 100 No Yes 1/ No $100-500 90 days 90 days
rate for each act.
U U
3/ Claimant receives 1.5 x benefits due for weeks delayed. Thus, increasing employer's experience rate.
U U
4/ Benefit offset isn’t possible since individuals committing fraud are ineligible for benefits until they’ve fully repaid the amount owed.
U U
benefits; in California, New Hampshire, Oregon, Pennsylvania and Virginia, it is more severe when the worker is
convicted.
In California, any worker convicted of misrepresentation under the penalty provisions is disqualified for 1 year.
In Rhode Island and Wyoming, there is no disqualification unless the worker has been convicted of fraud by a court of
competent jurisdiction. On the other hand, in Hawaii, Puerto Rico, Vermont, and the Virgin Islands, a worker is not
subject to the administrative disqualification if penal procedures have been undertaken. In Massachusetts,
administrative disqualification precludes initiation of penal procedures.
Seventeen states include a statutory limitation on the period within which a disqualification for fraudulent
misrepresentation may be imposed (See footnote 3 in Table 6-4). The length of the period is usually 2 years and, in six
1
TP PT ID, KY, LA, ME, MD, MI, OH, UT, and VT.
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OVERPAYMENTS
states, the period runs from the date of the offense to the filing of a claim for benefits. In these states, the
disqualification can be imposed only if the individual files a claim for benefits within 2 years of the date of the
fraudulent act. In Connecticut, the disqualification may be imposed if a claim is filed within 6 years of the benefit year
in which the offense occurred. In four states, the disqualification may be imposed only if the determination of fraud is
made within 2 or 4 years of the date of the offense.
In many states, the disqualification is, as would be expected, more severe than the ordinary disqualification
provisions. In 17 states, the disqualification is for at least a year; in others, it may last longer. The provisions are
difficult to compare because some disqualifications start with the date of the fraudulent act, while others begin with the
discovery of the act, the determination of fraud, the date on which the individual is notified to repay the sum so
received, or the date of conviction by a court. Some begin with the filing of a first claim, while others are for weeks
that would otherwise be compensable. The disqualification provisions are, moreover, complicated by tie-in with
recoupment provisions and by retroactive imposition.
As Table 6-4 shows, the cancellation of wage credits in many states means the denial of benefits for the current
benefit year or longer. A disqualification for a year means that wage credits will have expired, in whole or in part,
depending on the end of the benefit year and the amount of wage credits accumulated for another benefit year before
the fraudulent act. Thus, future benefits are reduced as if there had been a provision for cancellation. In other states
with discretionary provisions or shorter disqualification periods, the same result will occur for some workers.
Altogether, misrepresentation involves cancellation or reduction of benefit rights in 34 states and may involve reduction
of benefit rights for individual workers in 15 more states. The disqualification for fraudulent misrepresentation usually
expires after a second benefit year, but, in California, it may be imposed within 3 years after the determination is
mailed or served; in Ohio, within 4 years after a finding of fraud; and in Arkansas and Washington, within 2 years of
2
such finding. In 10 states, the agency may deny benefits until the benefits obtained through fraud are repaid. In
TP PT
Virginia, the denial is limited to 5 years. In Minnesota, if benefits fraudulently obtained are not repaid promptly, such
amounts are deducted from future benefits in the current or any subsequent benefit year. In Colorado, benefits are
denied if a worker's court trial for commission of a fraudulent act is prevented by the inability of the court to establish
its jurisdiction over the individual. Such ineligibility begins with the discovery of the fraudulent act and continues until
such time as the individual makes himself available to the court for trial. In Maryland, the time limit for repayment is 5
years following the date of the offense, or 1 year after the year disqualification period, whichever occurs later. After
this period, a worker may qualify for benefits against which any part of the repayment due may be offset. In Louisiana,
repayment is limited to the 5-year period following a determination of fraud—a period which may be lengthened under
specified circumstances.
AZ 1 - 52 weeks. 1/3/ U U 4/
U U
AR W + 10; must have earnings equal or greater than WBA in each of the 10 50% of remaining entitlement.
weeks. 1/ U U
CO 8/
U U 8/
U U
DE W + 51 X 9/ U U
DC All or part of remainder of BY and for 1yr. commencing with the end of such X 9/ U U
BY. 2/ U U
2
TP PT ID, IL, KY, LA, MI, NH, OR, UT, VA, and VT.
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OVERPAYMENTS
GA Remainder of current quarter and next 4 quarters. 3/13/ U U Mandatory equal reduction. 3/ U U
HI 24 months. 1/3/ U U 9/
U U
future benefits. 3/ U U
KS 1 yr. after act committed or 1st day following last week for which benefits were P P X 9/ U U
repaid or 10 yrs. 1/ U U
ME 6 months - 1 yr. 1/ U U
MI Current BY and until such amounts are repaid or withheld. 1/3/ U U All or part of wage credits canceled.
MN 4/
U U
MS W + up to 52 weeks. 1/ U U X
NH 4 - 52 weeks; if convicted 1 yr. after conviction; and until benefits repaid or Mandatory equal reduction.
withheld. 1/2/ U U
NJ 1 year. 1/
U U 4/
U U
NC 52 weeks. 1/ U U X 9/ U U
ND W + 51 X 9/ U U
PA 2 weeks plus 1 week for each week of fraud or, if convicted of illegal receipt of X 9/ U U
PR W + 51 Provided that criminal procedures have not been filed against claimant.
1/3/
U U
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OVERPAYMENTS
SC W + 10 - 52 1/ U U 4/
U U
SD 1 - 52 weeks. 1/ U U 4/
U U
TN W + 4 - 52 1/ U U 4/
U U
VT If not prosecuted, until amount of fraudulent benefits are repaid or withheld +1- 4/
U U
26 weeks. 1/3/ U U
VI W + 51 1/3/ U U X 4/ U U
determination of fraud. 3/ U U
WV W + 52 weeks. 1/ U U
WY W + 52 weeks 4/
U U
1/ W means wk. in which act occurs plus the indicated number of consec. wks. following: Period of disqualification is measured from date
U U
of determination of fraud, HI, ID, IL, IA, LA, MD, MT, NH, NM, OK, PR, SC, VA, and WV; mailing date of determination, ME and NC;
U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U
date of redetermination of fraud, VT; date of claim or registration for work, AZ ; wk. determination is mailed or served, or any subsequent
U U U U
wk. for which individual is first otherwise eligible for benefits; or if convicted, wk. in which criminal complaint is filed, CA; waiting or U U
compensable wk. after its discovery, CT, FL, NY, SD, and TN; as determined by agency, MI, and OR; date of discovery of fraud, KY, MI, U U U U U U U U U U U U U U U U U U
and NJ; waiting or compensable wk. after determination mailed or delivered, AR; wk. determination mailed or delivered, VI.
U U U U U U
3/ Provision applicable only if claim filed 2 yrs. after offense, AZ, HI, NY, OK, PR, and VI; within 2 yrs. following determination of fraud,
U U U U U U U U U U U U U U
PA. and WA; if claim filed within 3 yrs. following date determination was mailed or served, CA; if determination of fraud is made within 3
U U U U U U
yrs. after offense, MD, and VA; 3 yrs. after date of decision, OR, and VT; if determination of fraud is made within 4 yrs. after offense, GA;
U U U U U U U U U U
if claim is filed within 6 yrs. after BY during which offense occurred, CT and MI; within 8 years from final determination establishing U U U U
liability to repay, ID. However, in OR, overpayments shall not be canceled within 3 yrs. if the debt is being recovered by payments or
U U U U
deductions which were received within the last 3 months nor if repayment of the overpayment is required because of a fraud conviction.
4/ Before disqualification period ends, wage credits may have expired in whole or in part depending on disqualification imposed and/or end
U U
of BY.
5/ Plus 2 additional wks. of disqualification for each subsequent offense.
U U
6/ Cancellation of all wage credits means that period of disqualification will extend into 2nd BY, depending on amount of wage credits for
U U
for such wk. as required under latter disqualifications; also disqualification is 2-15 wks. if not paid benefits or 5-15 wks. if benefits received.
The Director may extend the period of ineligibility for an additional period not to exceed 8 additional weeks for successive disqualification.
8/ See sec. 455.03 of state law for explanation of period of disqualification.
U U
9/ Before disqualification period ends, wage credits will have expired in whole or in part, depending on end of BY.
U U
11/ And until benefits withheld or repaid if finding of fault on the part of the claimant has been made, PA.
U U U U
12/ And earnings of 3 x the AWW or $360, whichever is less. In addition, claims shall be rejected within 4 yrs. and benefits denied for 2
U U
individual shall upon conviction be guilty of a felony and upon conviction shall be punished by imprisonment of 1 to 5 yrs. These penalties
also apply to fictitious employers who receive benefits to which not entitled, GA. U U
14/ Compensable wks. within 6-yr. period following date of determination of fraud for concealing earnings or refusal of job offer.
15/ 13 wks. for first wk. of fraud +6 wks. for each additional wk. No benefits shall be paid until overpayment repaid and as a civil penalty
an amount equal to the benefits fraudulently received.
6-10
OVERPAYMENTS
WRITE OFFS
After exhausting its options to recover overpayments, most states will permit the UI agency to write off (that is, cancel
as uncollectible) certain overpayments. The criteria for writing off overpayments vary. Usually, it depends on how
long the overpayment has been outstanding. However, most states have established additional criteria. The following
table provides information on states’ write off provisions.
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OVERPAYMENTS
6-12
OVERPAYMENTS
6-13