UIPL 50-86 Attachment II

RECOMMENDED DRAFT LANGUAGE
TO IMPLEMENT SECTION 303(g)

The recommended draft language is keyed to the Manual of State Employment Security Legislation, Revised September 1950 and later supplementals.  It adds a new subsection (f) to section 15.

(Alternative 1)

(f)  Notwithstanding any other provision of this chapter, the commissioner may recover an overpayment of benefits paid to any individual under this State or another State law or under an unemployment benefit program of the United States.

(Alternative 2)

(f)  Interstate and cross-offset of State and Federal unemployment benefits.--To the extent permissible under the laws and Constitution of the United States, the commissioner is authorized to enter into or cooperate in arrangements or reciprocal agreements with appropriate and duly authorized agencies of other States or the United States Secretary of Labor, or both, whereby, notwithstanding the provisions of subsections (j), (k), or (1) of section 5:

(1)  Overpayments of unemployment benefits as determined under section 5(j) shall be recovered by offset from unemployment benefits otherwise payable under the unemployment compensation law of another State, and overpayments of unemployment benefits as determined under the unemployment compensation law of such other State shall be recovered by offset from unemployment benefits otherwise payable under this Act; and

(2)  Overpayments of unemployment benefits as determined under applicable federal law, with respect to benefits or allowances for unemployment provided under a federal program administered by this State under an agreement with the United States Secretary of Labor, shall be recovered by offset from unemployment benefits otherwise payable under this Act or any such federal program, or under the unemployment compensation law of another State or any such federal unemployment benefit or allowance program administered by such other State under an agreement with the United States Secretary of Labor if such other State has in effect a reciprocal agreement with the United States Secretary of Labor as authorized by section 303(g)(2) of the federal Social Security Act, if the United States agrees, as provided in the reciprocal agreement with this State entered into under such section 303(g)(2) of the Social Security Act, that overpayments of unemployment benefits as determined under section 5(j), and overpayments as determined under the unemployment compensation law of another State which has in effect a reciprocal agreement with the United States Secretary of Labor as authorized by section 303(g)(2) of the Social Security Act, shall be recovered by offset from benefits or allowances for unemployment otherwise payable under a federal program administered by this State or such other State under an agreement with the United States Secretary of Labor.