Attachment No. 2 to UIPL No. 15-82
CHILD SUPPORT INTERCEPT AGREEMENT
The State Employment Security Agency, hereinafter referred to as the SESA, and the ________ Child Support Enforcement Agency, hereinafter referred to as the IV-D agency, in order to carry out the provisions of Section of the unemployment compensation law (the "State law") (and Section 303 (e) (2) of the Social Security Act), hereby agree as follows:
The SESA will (a) ask in writing each individual filing a new claim for unemployment compensation if the claimant owes a child support obligation, (b) notify the IV-D agency in writing of any such claimant who discloses such an obligation and is determined by the SESA to be eligible for unemployment compensation, (c) upon receipt of written confirmation from the IV-D agency that the claimant owes such obligation which is being enforced by such IV-D agency, deduct and withhold from each week of unemployment compensation otherwise payable to such claimant the amount (not exceeding the amount otherwise payable to the claimant for such week) specified by the individual to be deducted and withheld; or, if no such amount is specified by the claimant or the amount so specified differs from the amount (if any) determined pursuant to an agreement submitted to the SESA by the IV-D agency under Section 454 (20) (B) (i) of the Social Security Act or the amount otherwise required to be deducted and withheld from such unemployment compensation through legal process, (as defined in State law and in Section 462(e) of the Social Security Act), (d) remit any amount so deducted and withheld to the State IV-D agency, and (e) notify the claimant of such deduction and remittance.
The SESA will perform these services in accordance with procedural details set out in the attached SPECIFICATIONS, which are subject to revision by informal agreement from time to time as experience or changed legislation or capabilities demonstrate the need for modifications.
"Unemployment compensation" is any unemployment benefits payable under State law including any federal unemployment benefits and allowances being administered by the SESA under an agreement with the U.S. Department of Labor including Extended Benefits, Unemployment Compensation for Federal Employee (UCFE), Unemployment Compensation for Ex-Servicemen (UCX), Trade Readjustment Allowances (TRA), Disaster Unemployment Assistance (DUA), and payments under the Redwoods National Park Expansion Act.
State IV-D agency actions.
The State IV-D agency will (1) make agreements with individuals whose child support obligations are being enforced by the IV-D agency in accordance with Section 454 (20) (B) (i) of the Social Security Act, and provide copies or information therefrom to the SESA, (2) accept all amounts deducted and withheld by the SESA and forwarded to the IV-D agency pursuant to such agreements or legal process, and (3) promptly pay each billing for the SESA's cost as determined by the SESA pursuant to Article VI of this Agreement.
Both parties will assure that adequate bonds cover all employees' who perform services under this Agreement, and that they will maintain suchrecords as the State Department of Audits and the U.S. Department. of Health and Human Services may require or as they may jointly agree to informally.
Correction or errors.
If the SESA determines that it deducted and withheld from the unemployment compensation payableto an individual a greater amount than it should have deducted or withheld as a result of an error by either the SESA or the IV-D-agency, (1) it will promptly pay the correct amount to the individual, (2) notify the State IV-D agency of the error and request return of the excess amount.*
*As an option, a IV-D agency may prefer to have the SESA reduce its next remittance accordingly.
The IV-D agency will promptly return the. excess amount to the SESA, and will take action to correct any distribution it may have made of such amount.
If the SESA determines that a lesser amount of unemployment compensation was deducted and withheld from the unemployment compensation payable to an individual as a result of an error by either the SESA or the IV-D agency, the IV-D agency will decide if it wants to recoup the amount by a new or amended agreement or legal process.
The SESA will perform other services at the request of the IV-D agency, including butnot limited to, searching its records, matching lists of IV-D clients against claimant records or wage records, at reasonable times, as separately but informally agreed upon, provided that the SESA is promptly and fully reimbursed or paid in advance by the IV-D agency for the direct and indirect costs of providing such services as determined by the SESA.
The IV-D agency will reimburse the SESA for all of the SESAs direct and indirect costs incurred in carrying out Article I to V of this Agreement, the SESAs' obligations under State law and Section 303(e)(2) of the Social Security Act, as follows:
Initial costs to design and implement systems to achieve the above actions (including computer preparation, added costs for forms and training and the SESAs' costs in negotiating this Agreement in the amount of $ , which shall be payable in the Fiscal Year in which such initial costs are incurred).
Costs to give notice to the IV-D agency of claimants who acknowledge child support obligations, in the amount of $ per such individual, payable quarterly in advance, based on estimated workloads, and adjusted in subsequent quarters for actual loads.
Costs to deduct and withhold unemployment compensation and remit to the IV-D agency in the amount of $ per payment thus withheld, payable quarterly in advance, based on estimated workloads, and adjusted in subsequent quarters for actual loads.
Costs of administering and processing an appeal or request for reconsideration respecting any issue arising from child support intercept operations.
If, because of changed wage or other cost levels, operating experience, changed procedures or other elements, and the reimbursement herein agreed upon becomes substantially changed, the costs payable by the IV-Dagency will be revised as a condition to continuance of this Agreement.
Suspension of services.
In the event of an emergency, the SESA may suspend services hereunder, with notice to the State IV-Dagency, but will resume services at the earliest possible time.
Each of the two agencies and its employees will exercise due care inthe performance of the functions and in the custody of the funds deducted and withheld from claimants and remitted to the IV-D agency. They will establish accounting controlsto assure delivery of the correct amounts to the proper recipients.
Either the SESA or the IV-Dagency may terminate this Agreement upon 30 days written notice to the other party and the SESA may terminate this Agreement without notice upon the failure of the IV-D agency to pay any billing within 30 days of the date of billing.
Pursuant to Article I of the Agreement Between
State Employment Security Agency, and
State Child Support Enforcement Agency
The State Employment Security Agency (SESA) will include on its initial unemployment compensation claim form a question worded as follows:
(Suggested text, subject to modification agreed upon between SESA and the Child Support Enforcement Agency (IV-D agency))
Are you required to pay child support to a court or other enforcement agency?_____________
If YES, where? (City, State)_____________
As to each claimant who answers "Yes", and who is determined by the SESA to be eligible for unemploymentcompensation, the SESA will notify the IV-D agency.
(Daily) (Weekly) of the names, addresses, Social Security Account Numbers of such claimants.
By sending to the State IV-D central office (a listing of the information for the period, in sequence) (a photo copy of the relevant claim forms) (a separate slip notice for each individual).
Withholding agreements offered by benefit claimants to the SESA.
If an individual offers, at the local SESA claim office, to agree to withholding an amount from benefits payable for child support, the SESA will require him to contact and enter into an agreement with the nearest IV-D agency office about the amount to be withheld. This is intended to assure that coordination of all enforcement efforts for an accurate determination of the amount to be withheld.
Withholding agreements made with IV-D agencies.
The State IV-D agency will assure that a uniform agreement form is used by local IV-D agencies or branch offices, to simplify SESA actions.
Agreements will be delivered (daily) (weekly) to the SESA (central office, addressed to) (local claim office where the claimant is filing unemployment compensation claims), addressed to ( ), as specified by the SESA.
Each withholding agreement will provide a uniform amount in whole dollars to be withheld every week for a given claimant, and will assure furnishing the claimant a receipt for the amounts received by the IV-D agency within days after receipt by that agency. Agreements will make it clear that the amount to be withheld will not be affected by changes in the amount the individual has payable in any given week, except as an amended agreement is made and unless the amount to be withheld exceeds the benefit amount payable. (It should be kept in mind that in some States the IV-D agency may not make such agreements at all, for example, if it has the power to make administrative orders. In any such cases, appropriate substitute provision would be made in this section).
If an individual claiming benefits against another State where the SESA is the agent State), acknowledges a child support obligation, notice under item 2 will be given to the IV-D agency in the liable State for communication as needed to the IV-D agency in another State. If such a claimant asks to make an agreement for withholding benefits, item 3 will be applied. If he insists on dealing with the SESA, his offer will be recorded on a signed IB-11 and attached to material being sent to the Liable State SESA.
For an initial interstate claimant where the SESA is the liable State, if the claim form shows a IV-D agency in this State, item 2 will be applied. If an IB-11 agreement is received, the SESA will give it to the State IV-D agency in the liable State and await its instruction as to the actions to be taken. If so instructed, the SESA will withhold benefits in accordance with the offer of the claimant.
For a claimant where the SESA is the liable State, if the claim form shows a IV-D agency in another State, the SESA will follow the course set out in paragraph b, above.
SESA procedures to withhold benefits.
(Here the procedures might be summarized, so both parties know the actions to be expected. For example, it may specify that a separate payment will be made for each check withheld, or that all amounts withheld for all claimants during a specified period will be accumulated and transmitted with a listing of the relevant claimants. It might also be clear that no amount will be withheld and given to the IV-D agency if no payment for a gieen period will be made to a given claimant.
Timing of remittances and the address (or addresses, if relevant) to which they go, and accompanying identification and receipts might be summarized).
(Whatever agreement is reached with the IV-D agency regarding receipts to claimants may be set out here. A claimant will need evidence of the payment of child support for income tax purposes, and a SESA may find such receipts useful to prevent internal agency fraud. However, the IV-D agency may object to the costs. If SESAs are to supply receipts, of course, the cost will need to be paid by the IV-D agency under its agreement. If costs by either agency were equal, a IV-D receipt is believed to be preferable).
Services covered by the agreement will begin as follows:
Initial design actions will begin within 30 days after the first advance of initial costs under Article VI A. Design actions will be completed by, if possible. The agreed upon questions will be included in claim forms ordered about (or has already been done). Pending receipt (if relevant) , present claim forms will be (overprinted) (supplemented by an added form). Withholding orders should be postponed until about as a target date.