Oregon Administrative Rules
Chapter 471 - EMPLOYMENT DEPARTMENT
Division 30 - UNEMPLOYMENT INSURANCE BENEFITS AND CLAIMS
Section 471-030-0210 - Interstate Reciprocal Overpayment Recovery Arrangement
Universal Citation: OR Admin Rules 471-030-0210
Current through Register Vol. 63, No. 9, September 1, 2024
(1) The following rules shall govern the Oregon Employment Department in its administrative cooperation with other States adopting similar regulations for the recovery of overpayments.
(2) Definitions: As used in these rules unless the context clearly requires otherwise:
(a) "State" includes the District of
Columbia, Puerto Rico, and the Virgin Islands.
(b) "Offset" means the withholding of an
amount against benefits which would otherwise be payable for a compensable week
of unemployment.
(c) "Overpayment"
means an improper payment of benefits, from a State or Federal unemployment
compensation fund that has been determined recoverable under the Requesting
State's law.
(d) "Participating
State" means a State which has subscribed to the Interstate Reciprocal
Overpayment Recovery Arrangement.
(e) "Paying State" means the State under
whose law a claim for unemployment benefits has been established on the basis
of combining wages and employment covered in more than one State.
(f) "Recovering State" means the state that
has received a request for assistance from a "Requesting State".
(g) "Requesting State" means the State that
has issued a final determination of overpayment and is requesting another State
to assist it in recovering the outstanding balance from the overpaid
individual.
(h) "Transferring
State" means a State in which a Combined Wage claimant had covered employment
and wages in the base period of a paying State, and which transfers such
employment and wages to the paying State for its use in determining the benefit
rights of such claimant under its law.
(i) "Liable State" means any state against
which an individual files, through another state, a claim for
benefits.
(3) Recovery of State or Federal Benefit Overpayments:
(a)
Duties of the Requesting State. The requesting State shall:
(A) Send the recovering State a written
request or a request using an approved electronic application for overpayment
recovery assistance which includes:
(i)
Certification that the overpayment is legally collectable under the requesting
State's law;
(ii) Certification
that the determination is final and that any rights to postponement of
recoupment have been exhausted or have expired;
(iii) A statement as to whether the State is
participating in cross-program offset by agreement with the U.S. Secretary of
Labor; and,
(iv) A copy of the
initial overpayment determination and a statement of the outstanding
balance.
(B) Send notice
of this request to the claimant; and
(C) Send to the recovering State a new
outstanding overpayment balance whenever the requesting State receives any
amount of repayment from a source other than the recovering State (e.g.,
interception of tax refund, etc.).
(b) Duties of Recovering State. The
Recovering State shall:
(A) Issue an
overpayment recovery determination to the claimant which includes at a minimum:
(i) The statutory authority for the
offset;
(ii) The name of the State
requesting recoupment;
(iii) The
date of the original overpayment determination;
(iv) Type of overpayment (fraud or
nonfraud);
(v) Program type (UI,
UCFE, UCX, TRA, etc.)
(vi) Total
amount to be offset;
(vii) The
amount to be offset weekly;
(viii)
The right to request redetermination and appeal of the determination to recover
the overpayment by offset.
(B) Offset benefits payable for each week
claimed in the amount determined under State law; and
(C) Provide the claimant with a notice of the
amount offset; and,
(D) Prepare and
forward, no less than once a month, a payment representing the amount recovered
made payable to the requesting State, except as provided in section (c)
below.
(E) Retain a record of the
overpayment balance in its files no later than the exhaustion of benefits, end
of the benefit year, exhaustion or end of an additional or extended benefits
period, or other extensions of benefits, whichever is later.
(F) The Recovering State shall not
redetermine the original overpayment determination.
(c) Combined Wage Claims. When processing
combined wage claims, the following shall apply:
(A) Recovery of Outstanding Overpayment in
Transferring State. The paying State shall:
(i) Offset any outstanding overpayment in a
Transferring State(s) prior to honoring a request from any other "Participating
State" under this Arrangement.
(ii)
Credit the deductions against the Statement Of Benefits Paid To Combined Wage
Claimants, Form IB-6 or forward a check to the Transferring State as described
in (b)(D).
(B) Withdrawal
of Combined Wage Claim After Benefits Have Been Paid. Withdrawal of a Combined
Wage Claim after benefits have been paid shall be honored only if the combined
wage claimant has repaid any benefits paid or authorizes the new liable State
to offset the overpayment.
(i) The Paying
State shall issue an overpayment determination and forward a copy, together
with an overpayment recovery request and an authorization to offset, with the
initial claim to the new liable State.
(ii) The Recovering State (which is the new
liable State) shall:
(I) Offset the total
amount of any overpayment, resulting from the withdrawal of a Combined Wage
claim, prior to the release of any payments to the claimant;
(II) Offset the total amount of any
overpayment, resulting from the withdrawal of a Combined Wage Claim prior to
honoring a request from any other Participating State under this
arrangement;
(III) Provide the
claimant with a notice for the amount offset; and,
(IV) Prepare and forward a check representing
the amount recovered to the Requesting State as described in (b)(D).
(d)
Cross-Program Offset: The Recovering State shall offset benefits payable under
a State unemployment compensation program to recover any benefits overpaid
under a Federal unemployment compensation program (as described in the
Recovering State's Agreement with the Secretary of Labor) and vice versa, in
the same manner as required under subsection (3)(b) and (c) of this Section, as
appropriate, if the Recovering State and Requesting State have entered into an
agreement with the U.S. Secretary of Labor to implement Section 303(g)(2) of
the Social Security Act.
Statutory/Other Authority: ORS 657.610
Statutes/Other Implemented: ORS 657.155 & 657.760
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