| Overview |
| Introduction | This section contains SESA responses on the methods, tools, techniques, and automation used, as of December 31, 1997, in the recovery of overpaid UI benefits. |
| In this section | Survey data is provided in the following tables. |
| Table No. | Title | Page | |
| 1 | Non-monetary Penalty | 2 | |
| 2 | Monetary Penalty | 10 | |
| 3 | Interest | 12 | |
| 4 | Additional Fees | 16 | |
| 5 | Statute of Limitations | 18 | |
| 6 | Negative Impact on Recovery Process | 23 | |
| 7 | Positive Impact on Recovery Process | 30 | |
| 8 | Methods with Potential to Enhance Recovery | 37 | |
| 9 | Recovery Methods and Techniques Used by SESAs | 41 | |
| 10 | Write Off Criteria | 45 | |
| 11 | Interstate Cooperation | 54 |
| SESAs that Assess a Non-monetary Penalty: |
|
SESA |
Usual/Normal Disqualification (Weeks) | Repeaters/ Exceptions (Weeks) | Prosecution (Weeks) |
Other Types of Non-monetary Penalties |
| From | To | From | To | From | To | ||
| Alabama | Not less than four times the weekly benefit amount but not more than the maximum benefit amount payable in benefit year. | ||||||
| Alaska | 6 | 52 | 52 | Prosecution = per criminal court. | |||
| Arizona | 4 | 52 | |||||
| Arkansas | 3 | 13 | In the case of fraud on continued claims, benefits are reduced 50% and the remainder of maximum benefits is reduced accordingly. | ||||
| California | 2-5* | 15 | 6 | 23 | 52 | *Usual/normal disqualification starts at 2 weeks when benefits have not been paid and 5 weeks when benefits have been paid. | |
| Colorado | * | * | * | *4 for 1 penalty. | |||
| Delaware | Non-monetary determination as a result of fraud (administrative penalty) is a one-year disqualification from the first false statement. | ||||||
| District of Columbia | 26 | 52 | 52 | BYE | 52 | BYE |
|
SESA |
Usual/Normal Disqualification (Weeks) | Repeaters/ Exceptions (Weeks) | Prosecution (Weeks) |
Other Types of Non-monetary Penalties |
| From | To | From | To | From | To | ||
| Florida | Fraud: Administrative penalty of disqualification up to one year and referral to State Attorney for possible prosecution. Non-monetary: Can disqualify claim for specific weeks. Monetary: May add or subtract wage credits that may result in increase or decrease of weekly benefit amount and available wage credits. | ||||||
| Georgia | * | 52+ | * | 52+ | * | 52+ | *Detection Date |
| Hawaii | * | * | ** | *24 months
**Fine/imprisonment | |||
| Idaho | 52-week disqualification period beginning the Sunday of the week the fraud determination was written. | ||||||
| Illinois | 6 | 26 | |||||
| Indiana | Fraud determined on a claim results in the cancellation of that claim effective the first week of fraud, and cancellation of all wage credits earned prior to last week of fraud. This results in overpayment establishment of weeks for which no fraud may have occurred but became overpaid because of wage cancellation. This also sometimes cancels subsequently established claims. | ||||||
| Iowa | 1 | 26 | 1 | 52 | 1 | 52 | Future benefits are withheld until overpayment is repaid in full. |
|
SESA |
Usual/Normal Disqualification (Weeks) | Repeaters/ Exceptions (Weeks) | Prosecution (Weeks) |
Other Types of Non-monetary Penalties |
| From | To | From | To | From | To | ||
| Kansas | One year disqualification beginning the day after the last week claimed or for one year from the date the act was committed, whichever is later. | ||||||
| Kentucky | 12 | 52 | |||||
| Louisiana | 52 | ||||||
| Maine | 1 | 52 | 1 | 52 | |||
| Maryland | Disqualification of benefits for one year from the date a fraud determination is made. | ||||||
| Michigan | Benefit year is terminated the Saturday prior to the date the Agency discovered, received notice of, or initiated investigation of the false statement, misrepresentation or concealment of material information, whichever is earlier. The credit weeks are canceled the Sunday of the week in which the above action(s) occur. Canceled credit weeks cannot be used as basis for payment of benefits or qualifying for another benefit year. Additional restitution can result from payment of benefits based on cancellation of credit weeks. Note: When Michigan switches to wage reporting, wage credits will be canceled. Benefit year termination will be unchanged. | ||||||
| Minnesota | 1 | 52 | 1 | 52 | 1 | 52 |
|
SESA |
Usual/Normal Disqualification (Weeks) | Repeaters/ Exceptions (Weeks) | Prosecution (Weeks) |
Other Types of Non-monetary Penalties |
| From | To | From | To | From | To | ||
| Mississippi | 6 | 52 | 12 | 52 | |||
| Missouri | 2 | 16 | Two weeks forfeiture (time penalty only) for each act of fraud on overpayments up to $800. Over $800 and at least four acts of fraud, all wage credits accrued prior to last fraud act are canceled. | ||||
| Montana | 2 | 52 | |||||
| Nebraska | When fraud is determined, all unused wage credits earned prior to the last date of fraudulent activity are canceled. The claim balance is reduced to zero when wage credits are canceled. If at least one week of the claim is determined to be payable, the claimant must wait until the benefit year ends before he/she can file for benefits again. However, if no week on the claim was determined to be payable, the claim is canceled and the claimant can file a new claim at any time. | ||||||
| Nevada | 13 | 52 | 52 | 52 | Prosecution for 10 weeks or more involving fraud. | ||
| New Hampshire | 4 | 52 | 4 | 52 | Reduction of annual maximum benefits.
*Prosecution: One year from date of conviction. | ||
| New Jersey | * | *One year disqualification from mailing date of determination. | |||||
| New Mexico | 4 | 52 | 52 | 52 | Four penalty weeks for each week of fraud. |
|
SESA |
Usual/Normal Disqualification (Weeks) | Repeaters/ Exceptions (Weeks) | Prosecution (Weeks) |
Other Types of Non-monetary Penalties |
| From | To | From | To | From | To | ||
| New York | Person who willfully made a false statement or representation to obtain benefits shall forfeit benefits for at least the first four but not more than the first eighty effective days following discovery of such offense for which he otherwise would be been entitled to receive benefits. (Note: Four effective days equals one full week.) | ||||||
| North Carolina | Fraud results in a 52-week penalty beginning when fraud determination is mailed. | ||||||
| North Dakota | Disqualification from date of otherwise valid claim week to date of discovery and for a one year period in the future. All weeks disqualified during period. Misrepresentation files are forwarded for civil collection action. Fraud files forwarded for criminal prosecution. Misrepresentation is the same disqualification period as fraud, but administrative. | ||||||
| Ohio | Two penalty weeks for each week of fraud | ||||||
| Oklahoma | 51 week disqualification from establishment date of overpayment | ||||||
| Oregon | 1 | 26 | Prosecution: In addition to the 26-week penalty, benefits are denied until the debt has been repaid in cash -- no offsetting allowed. |
|
SESA |
Usual/Normal Disqualification (Weeks) | Repeaters/ Exceptions (Weeks) | Prosecution (Weeks) |
Other Types of Non-monetary Penalties |
| From | To | From | To | From | To | ||
| Pennsylvania | Penalty week disqualification = one week for offense and one week for each week overpaid. If prosecuted and convicted, disqualified for one year. | ||||||
| Puerto Rico | 53 | 53 | |||||
| Rhode Island | Other than the disqualification period for a separation or refusal-of-work issue (8 weeks at $103/week), there is no penalty regarding an overpayment except in the case of prosecution when an administrative penalty of 52 weeks may be imposed. | ||||||
| South Carolina | 10 | 52 | 10 | 52 | 10 | 52 | Future benefits applied to balance of overpayment until repaid in full. |
| South Dakota | 4 | 52 | 4 | 52 | 4 | 52 | Four weeks of penalty for each week of willful misrepresentation. |
| Tennessee | 0 | 52 | 0 | 52 | Future benefits applied to any outstanding balance until paid in full. | ||
| Texas | 0 | 26 | From the first fraudulent claim any benefits afterwards are canceled whether paid or unpaid through end of benefit year. | ||||
| Utah | 13 | 49 | Future benefits disqualified until above is cleared and claimant has repaid overpayment plus paid monetary penalty. |
|
SESA |
Usual/Normal Disqualification (Weeks) | Repeaters/ Exceptions (Weeks) | Prosecution (Weeks) |
Other Types of Non-monetary Penalties |
| From | To | From | To | From | To | ||
| Vermont | 3* | 5* | 26* | *For each fraud week, maximum of 26 weeks per
determination.
Dollar value of each benefit claim used as a penalty week is deducted from the maximum benefit amount. No benefits are paid for three years from the determination date until the penalty weeks are served and the overpayment is repaid. | |||
| Virginia | 52 | 52 | |||||
| Washington | 26 | 104 | |||||
| West Virginia | 52 | 52 | |||||
| Wisconsin | Non-monetary penalties are called forfeitures. A forfeiture is assessed for concealment. Each act results in a penalty assessment that ranges from one-fourth to four times the weekly benefit amount. As weeks are claimed, benefits are deducted from the claim and returned to the unemployment insurance fund until the forfeiture is satisfied. Forfeitures remain on the systems for six years or until recovered, whichever comes first. If the act of concealment resulted in an overpayment of benefits, a fraud overpayment is established. The overpaid amount can be recovered through the usual recovery methods or, after satisfaction of the forfeiture, can also be recovered through benefit offset. |
|
SESA |
Usual/Normal Disqualification (Weeks) | Repeaters/ Exceptions (Weeks) | Prosecution (Weeks) |
Other Types of Non-monetary Penalties |
| From | To | From | To | From | To | ||
| Wyoming | Disqualification: One year administrative for fraud; two years for conviction. |
| SESAs that Do Not Assess a Non-monetary Penalty: |
| Connecticut, Massachusetts |
| SESAs that Add a Monetary Penalty: |
|
SESA |
Penalty Rate |
Criteria for Adding a Penalty |
| Fraud | Non-fraud | ||
| Alaska | 50.0% | 0.0% | Penalty is imposed if overpayment caused by misrepresentation. |
| California | 30.0% | 0.0% | Claimant must have willfully made a false statement or knowingly withheld a material fact to collect benefits. |
| Colorado | 50.0% | 0.0% | If fraud is determined, 50% penalty is required. |
| Georgia | 10.0% | 0.0% | Fraud was determined. |
| Kentucky | 100.0% | 0.0% | If it is determined claimant knowingly made false statements to obtain benefits or amount of benefits, then total amount of benefits for the week is overpaid. |
| Louisiana | 25.0%* | 25.0%* | *$20 or 25% of the overpayment, whichever is greater. Penalty is not assessed if payment is received within 90 days of establishment. |
| Michigan | 0.0% | 0.0% | If fraud is found to exist, the claimant is subject to a monetary penalty of 2 times the amount overpaid if that amount was less than $1,000 and 3 times the amount overpaid if that amount was greater than $1,000. These penalties apply separately to different programs (e.g., UI, UCX) and/or different benefit years on which fraud was found. |
| Montana | 33.0% | 0.0% | Legislative mandated 33% penalty on all fraud overpayments. |
| New Jersey | 25.0% | 0.0% | 25% of total benefits collected fraudulently or $20/week, whichever is greater. |
| Utah | 100.0% | 0.0% | Monetary: Benefits received above entitlement if claimant had reported earnings correctly. Non-monetary: Benefits received above entitlement if department had information to determine issues correctly. |
| SESAs that Do Not Add a Monetary Penalty: |
| Alabama, Arkansas, Arizona, Connecticut, Delaware, District of Columbia, Florida, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Maine, Maryland, Massachusetts, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming |
| SESAs that Assess Interest: |
|
SESA |
Interest Rate |
Criteria for Assessing Interest |
|
Fraud |
Non-fraud |
| Rate #1 | Rate #2 | Rate #1 | ||
| Arizona | 10.0% | 0.0% | 10.0% | No interest on overpayment established during the month, interest applied at the end of following month. Administrative overpayments: Sixth calendar month following the month after established. If acceptable repayment plan entered into and kept during that six months, no interest. |
| California | 7.0% | 10.0% | 0.0% | 7% per annum pre-judgment interest calculated from overpayment notice mail date to date judgment is entered. 10% per annum post-judgment interest on principal amount of a money judgment remaining unsatisfied. |
| Delaware | 1.5% | 0.0% | 0.0% | Fraud only, 1.5% per month on unpaid balance |
| Georgia | 1.0% | 0.0% | 0.0% | Interest charges are assessed on the first of the second month following the date of the determination. (Assessed on the unpaid balance.) |
| Kansas | 1.5% | 0.0% | 1.5% | If fraud overpayment: Interest of 1.5% per month on the unpaid balance begins immediately. If non-fraud overpayment: Interest of 1.5% on the unpaid balance begins when the debt becomes two years old. |
| Kentucky | 1.5% | 0.0% | 0.0% | Beginning one calendar year from the date of determination, interest at the rate of 1.5% per month is imposed on and added to unpaid balance. |
|
SESA |
Interest Rate |
Criteria for Assessing Interest |
|
Fraud |
Non-fraud |
| Rate #1 | Rate #2 | Rate #1 | ||
| Maryland | 1.5% | 0.0% | 0.0% | Amounts determined to be overpaid as a result of fraud are charged interest on the outstanding balance of 1.5% per month (18% APR) from the date the claimant is notified of the amount to be recovered. |
| Massachusetts | 12.0% | 0.0% | 0.0% | |
| Minnesota | 1.5% | 1.5% per month on unpaid balance for fraud. | ||
| Mississippi | 1.0% | 0.0% | 1.0% | Charged at the rate of 1% per month on unpaid balance beginning one month after overpayment established. |
| Nevada | 10.5% | 0.0% | 0.0% | Interest charged only when civil judgment filed; variable rate, (1) reviewed each January 1 and July 1 and adjusted to prime lending rate; (2) as directed by state legislature. |
| New Hampshire | 1.0% | 0.0% | 1.0% | 1.0% per month; if no response to three written notifications, interest is posted as of the first of the month following the date of the decision; also, upon default of an approved payment plan, interest is posted retroactive to date of decision. |
| New Jersey | 5.5% | 0.0% | 5.5% | Certificate of Debt filed in Superior Court on fraud and non-fraud debts greater than three times maximum weekly benefit rate indexed annually and more than 180 days old (agency error excluded) when no acceptable repay arrangement made. Interest assessed monthly on unpaid balance. Rate subject to annual adjustment. Calendar year 1998 rate: 5.5%. |
|
SESA |
Interest Rate |
Criteria for Assessing Interest |
|
Fraud |
Non-fraud |
| Rate #1 | Rate #2 | Rate #1 | ||
| North Dakota | 1.5% | 0.0% | 1.5% | Interest after 30 days if fault of claimant, 180 days if not fault of claimant. |
| Ohio | 14.0% | 0.0% | 0.0% | Interest starts accruing one month after the fraud overpayment becomes final. Interest may be waived if the overpayment is paid according to a mutually accepted collection agreement. |
| Oklahoma | 1.0% | 0.0% | 1.0% | Interest added only on claimant error overpayments; interest begins first day, first month after determination established, interest is 1% per month on unpaid balance. |
| Oregon | 12.0% | 0.0% | 12.0% | Charge 12% annual interest on fraud and claimant error non-fraud overpayments. Interest begins to apply on the third month after the overpayment decision is final. |
| Pennsylvania | 9.0%* | 0.0% | 0.0%** | *For fraud and fault restitution. **Non-fault. Interest is assessed on all fault overpayments, 15 days from date overpayment determination issued. Interest rate may change yearly based on the Pennsylvania Department of Revenue. |
| Rhode Island | 1.5% | 0.0% | 0.0% | Amounts determined to be overpaid as a result of fraud are charged interest on the outstanding balance of 1.5% per month (18% APR) from the date the claimant is notified of the amount to be recovered (determinations starting 1/1/96). |
|
SESA |
Interest Rate |
Criteria for Assessing Interest |
|
Fraud |
Non-fraud |
| Rate #1 | Rate #2 | Rate #1 | ||
| South Dakota | 12.0% | 0.0% | 12.0% | Interest is charged from date of determination for fault overpayments. Non-fault overpayments do not accrue interest until six months after the date of the determination. |
| Texas | 1.0% | 0.0% | 1.0% | Interest is applied on notice of assessment cases only. This interest began accumulating 45 days after service if full balance is not paid. Interest (1% per month) only applied to non-fraud cases that meet criteria for civil action. |
| Virginia | 9.5% | 0.0% | 9.5% | Virginia statute allows for the charging of interest after being awarded judgment by the court. The interest rate is established by the court and is currently 9.5% for civil cases only. |
| Washington | 1.0% | 0.0% | 1.0% | On fraud claims, interest starts on the determination date. On non-fraud, interest starts after two missed payments. |
| SESAs that Do Not Assess Interest: |
| Alabama, Alaska, Arkansas, Colorado, Connecticut, District of Columbia, Florida, Hawaii, Idaho, Illinois, Indiana, Iowa, Louisiana, Maine, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New Mexico, New York, North Carolina, Oregon, Puerto Rico, South Carolina, Tennessee, Utah, Vermont, West Virginia, Wisconsin, Wyoming |
| SESAs that Add Additional Fees to Fraud and Non-fraud Overpayments: |
|
SESA |
Fee |
| Kentucky | Returned Check Penalty: If claimant's check is returned by his/her bank due to insufficient funds, he/she is charged a penalty equal to 10% of the check, except the penalty will not be less than $10 or more than $100. |
| Maryland | Legal Interest: If we obtain a civil judgment against a claimant we charge the interest rate allowed by state law which is 10% from the date of the judgment. |
| Minnesota | Revenue Recapture Lien: A fee of $10 per occurrence is collected and retained by the Department of Revenue. The fee is added to the amount of the overpayment in determining the amount of the income tax refund to be withheld. |
| New Hampshire | Returned Check Penalty: If claimant's check is returned by his/her bank due to insufficient funds, he/she is charged a penalty of $25 or 5% of the face amount of the check, whichever is greater. |
| Pennsylvania | Dishonored Check Penalty (DCP): If claimant's check is returned by his/her bank due to insufficient funds, he/she is charged a penalty as follows: Less than $10 -- $10 DCP; $10.01 - $100 - equal to the face value of the check; $101 or greater -- $100. In addition, the claimant is responsible for all fees associated with the filing and revival of liens. |
| Wisconsin | Fees associated with collection, including lien filing and satisfaction fees, certified mail for levy service fees and Department of Revenue certification fees are added to debts. Also cost of filing an adversary proceeding in a bankruptcy is added. |
| SESAs that Do Not Add Additional Fees: |
| Alabama, Alaska, Arkansas, Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Louisiana, Maine, Massachusetts, Michigan, Mississippi, Missouri, Montana, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wyoming |
| Statute of Limitations (in years): |
|
SESA |
Fraud | Non-fraud |
|
Benefit Offsets |
State Tax Refunds |
Civil Action |
Benefit Offsets |
State Tax Refunds |
Civil Action | |
| Alabama | 6 | 6 | 6 | 6 | 6 | 6 |
| Alaska | None | No state tax | 6 | None | No state tax | 6 |
| Arizona | None | None | None | None | None | None |
| Arkansas | 5 | N/A | 10 | 4 | N/A | 10 |
| California | 6 | 6 | 3 | 6 | 6 | 1 |
| Colorado | None | None | 3 | None | None | 3 |
| Connecticut | No limit | No limit | No limit | No limit | N/A | No limit |
| Delaware | 5 | 5 | 10 | 5 | 5 | 10 |
| District of Columbia | 6 | 6 | 6 | 3 | 3 | 3 |
| Florida | 5 | N/A | 5 | 2 | N/A | 2 |
| Georgia | 4 | 4 | 4 | 4 | 4 | 4 |
| Hawaii | 2 | N/A | 10 | 2 | N/A | 10 |
| Idaho | 8 | 8 | 5 | 5 | 5 | 5 |
|
SESA |
Fraud | Non-fraud |
|
Benefit Offsets |
State Tax Refunds |
Civil Action | Benefit Offsets | State Tax Refunds |
Civil Action |
| Illinois | 5 | 5 | ||||
| Indiana | 6
(from BYB) |
6
(from BYB) |
10
(from judgment date) |
3
(from BYB) |
3
(from BYB) |
10
(from judgment date) |
| Iowa | 10 | 10 | 10 | 10 | 10 | N/A |
| Kansas | ||||||
| Kentucky | 10 | 10 | 10 | 5 | 5 | 5 |
| Louisiana | 0 | 0 | 0 | 0 | 0 | 0 |
| Maine | 6 | 6 | 3 | 6 | 6 | 3 |
| Maryland | ||||||
| Massachusetts | None | None | 6 | None | None | 6 |
| Michigan (1) | 6 | 6 | 10 | 3 | 3 | 10 |
| Minnesota | 10 | 10 | 10 | 6 | 6 | 6 |
| Mississippi | 5 | N/A | 5 | 5 | N/A | 5 |
| Missouri | 6 | 6 | 6 | 6 | 6 | 6 |
|
SESA |
Fraud | Non-fraud |
| Benefit Offsets | State Tax Refunds | Civil Action | Benefit Offsets | State Tax Refunds |
Civil Action | |
| Montana | 5
minimum |
5
minimum |
5
minimum |
5
minimum |
5
minimum |
5
minimum |
| Nebraska | 3 | 4 | 4 | 3 | 4 | 4 |
| Nevada | 3 | N/A | 6 | 3 | N/A | 6 |
| New Hampshire | 20 | N/A | 6 | 20 | N/A | 6 |
| New Jersey | Indefinite until write off completion | N/A |
| New Mexico | None | None | 5 | None | None | 5 |
| New York | 6 | 6 | 20 | 6 | N/A | N/A |
| North Carolina | 10 | 10 | N/A | 3 | 3 | N/A |
| North Dakota (2) | Forever | $25
minimum |
6 | Forever | $25
minimum |
6 |
| Ohio | 6 | N/A | 6 | 3 | N/A | N/A |
| Oklahoma | N/A | Forever | 3 |
| Oregon |
|
SESA |
Fraud | Non-fraud |
|
Benefit Offsets |
State Tax Refunds |
Civil Action | Benefit Offsets | State Tax Refunds |
Civil Action | |
| Pennsylvania | 7 | N/A | Indefinite | 7/4 (3) | N/A | N/A |
| Puerto Rico | 5 | N/A | 5 | 5 | N/A | |
| Rhode Island | none | none | none | none | none | none |
| South Carolina | 3 | 3 | N/A | 3 | 3 | N/A |
| South Dakota | 0 | N/A | 6 | 0 | N/A | 6 |
| Tennessee | 6 | N/A | 6 | 3 | N/A | 3 |
| Texas | 0 | 0 | 10
then renew |
0 | 0 | 10
then renew |
| Utah | Benefits are disqualified until overpayment is repaid | 8
(life of lien) |
Life of lien | Until written off |
| Vermont | 5 | 5 or greater | 8 | 5 | 5 or greater | 8 |
| Virginia | 7 | 7 | 7 | 7 | 7 | 7 |
| Washington | N/A | 3 | N/A | 3 | ||
| West Virginia | 10 | N/A | 10 | 5 | N/A | N/A |
|
SESA |
Fraud | Non-fraud |
|
Benefit Offsets |
State Tax Refunds |
Civil Action | Benefit Offsets | State Tax Refunds |
Civil Action | |
| Wisconsin | Life of lien | Life of lien | Life of lien | Life of lien | ||
| Wyoming | 3 | N/A | None | 3 | N/A | None |
| SESAs that Reported Hindrances to Recovery Process: |
| SESA | State Statutes, Rules, or Court Decisions that Hinder Recovery Process | Something Unique about State that Creates a Negative Impact on Recovery |
| Alaska | No levy authority on Permanent Fund Dividend (PFD), low priority on PFD executions, statute of limitations changing to write off overpayment in two years. | Many people move out of the state (out of our reach). Many people live and claim in remote areas where our investigators don't work. |
| Arizona | Offset reduction, offset suppression. | Sovereign domain. |
| Arkansas | Bankruptcies, statute of limitations. | Fraud: Law against fixed incomes. Non-fraud: Equity and good conscience. |
| California | Statute of three years can hinder collection if case goes over three years. Inability to garnish wages of out of state workers. Inability to offset disability insurance benefits to an overpayment established on an extended claim. | |
| Colorado | Only due process hinder: we allow appeals on every decision, up to Colorado Supreme Court. Bankruptcies. | Non-fraud: Waiver based on equity. |
| District of Columbia | If the claimant has made a repayment on a case before it is referred to the United States Attorney, the case is not accepted. |
| SESA | State Statutes, Rules, or Court Decisions that Hinder Recovery Process | Something Unique about State that Creates a Negative Impact on Recovery |
| Florida | If the case goes to small claims court or state courts and a judgment is received, the collection period is lengthened. With the current statute of limitations, once a non-fraud case reaches two years and fraud reaches five years, and a new claim is opened, benefits from the new claim cannot be used to offset the court ordered restitution. | Seasonal workers. |
| Georgia | Judges independently may elect not to order restitution in criminal convictions, plus the lack of state law that makes a determination, not appealed, a "money judgment." | |
| Hawaii | Benefit offset only two years. | |
| Illinois | State statute does not provide funds and authority to hire an outside collection agency. | |
| Indiana | No provision for collection of interest or payment of fees/collection of fees for filing in court, etc. | |
| Kentucky | Statutes limit internal benefit offsets to 25%; other state % determined by the applicable state statute. | |
| Louisiana | Assessment of 52-week disqualification prevents immediate offset of fraud overpayments. Also filing of bankruptcy. | Although state law now allows the interception of tax refunds, prescription laws affect time frames. |
| SESA | State Statutes, Rules, or Court Decisions that Hinder Recovery Process | Something Unique about State that Creates a Negative Impact on Recovery |
| Maryland | We have a large number of federal employees in our state and since the federal government does not report quarterly earnings we cannot use this resource to obtain repayments or update records. | |
| Massachusetts | Unable to garnish wages. | |
| Michigan | Legislated limitation on automated system offset
(recoupment) of 20% for non-fraud overpayments.
Offset must involve compatible programs (e.g., if
UCX overpayment can only offset if federal benefits
are being paid).
Legislated limitation on system offset for fraud wherein system can only recoup penalties/damages within 2 years of cancellation of credit weeks (or wage credits). After that 2-year marker, other recovery methods much apply to penalty/damages recovery. System offset of underlying debt continues until statute expires. Bankruptcy and statute of limitations cut-off ability to collect. Court decision has reduced statute from 6 years to 3 years on non-fraud cases. |
(1) Michigan is not participant in IRORA.
(2) Lien/levy action limited to penalties/damages, excludes underlying debt. |
| SESA | State Statutes, Rules, or Court Decisions that Hinder Recovery Process | Something Unique about State that Creates a Negative Impact on Recovery |
| Mississippi | Five year statute of limitations. | |
| Missouri | Statute requires assessment to be mailed "certified" or personally served to claimant prior to taking legal action. | |
| Montana | 50% offset limitation; five year collection limitation; no offset on bankruptcy. | 50% offset; sovereign domain. |
| Nebraska | Three-year statute to offset benefits; lack of time to pursue action to collect through small claims court. | Sovereign domain; prosecution is Class III misdemeanor and restitution not always ordered. |
| Nevada | Fraud: Administrative policy not to garnish wages. Non-fraud: Lack of automation. Policy on overpayments resulting from employer appeals is cumbersome, time consuming and not cost effective. | Due to the nature of the economy, the population can be quite transient. |
| New Hampshire | Cannot offset interest, fraud penalty disqualification prevents immediate offset. Cannot report overpayment liability to credit bureaus, do not attach wages, property or tax returns. Bankruptcies. If claimant is out-of-state, not much is done. Decisions to prosecute can take years. | No state tax. A small border state--so claimants live outside New Hampshire which makes it more difficult to collect. |
| New Jersey | One-year disqualification period. Limitations on waiver - only permissible on non-fraud debts or death or permanent and total disability. |
| SESA | State Statutes, Rules, or Court Decisions that Hinder Recovery Process | Something Unique about State that Creates a Negative Impact on Recovery |
| New Mexico | Some judicial districts will not accept our cases. State statutes do not allow for criminal prosecution of non-fraud cases. | |
| New York | There is no state statute that allows the Department to issue summary judgments directly. This has hindered our ability to pursue cases in any volume. | |
| North Dakota | Waiver provision. No offset during overpayment appeal process. | Sovereign domain. |
| Oklahoma | Privacy Act. | Sovereign domain. |
| Oregon | Recovery/offsets cannot occur until decision is final. | Agency error overpayments are limited to recovery by offset within 52 weeks. |
| Pennsylvania | Fraud and fault restitution: Seven year statute on recoupment through offset, cannot offset for interest without claimant's permission. No-fault: Four year statute on recoupment through offset, Pennsylvania Unemployment Compensation Law only allows for 1/3 offset or voluntary cash repayments, no liens may be filed. | Have not yet signed IRORA. |
| Rhode Island | Cannot use offset to recover interest; no interstate agreements to recover overpayments on out-of-state claims. |
| SESA | State Statutes, Rules, or Court Decisions that Hinder Recovery Process | Something Unique about State that Creates a Negative Impact on Recovery |
| South Dakota | New Hire information only available within state; no federal income tax refund offset. | Sovereign domain. |
| Tennessee | Bankruptcies and inability to garnish wages of out-of-state workers. | No state income tax or lottery. |
| Texas | Fraud: There are some states that the fees for filing foreign judgments are in excess of Texas allowable amount. Non-fraud: No "write-offs" -- overpayments remain forever and become difficult to collect. | No write-offs, geographical distance from central office, and no state income tax. |
| Utah | Non-fault (claimant) overpayments are offset only and make up 2/3 of the non-frauds. | Fraud: Sovereign domain. Entrepreneur attitude and underground economy complicates location of overpaid earnings and assets. |
| Vermont | Vermont's waiver provision hinders meeting USDOL's 55% recovery of all established overpayments. | |
| Virginia | Unable to use New Hire information to detect overpayments earlier at present. New Hire law restricts use of information. | Unusual number of fraud overpayments involving out of state claimants. |
| SESA | State Statutes, Rules, or Court Decisions that Hinder Recovery Process | Something Unique about State that Creates a Negative Impact on Recovery |
| Washington | We have good recovery laws. One problem in labor and industries back pay. We don't have a law to make them pay us first. We are working on it. Employment backpay must be paid to us first. We take lottery money and offset current UI claims. | Sovereign domain. Conditional pay process impacts offset and collection. |
| West Virginia | Limited activities by policy and statute. | |
| Wisconsin | Offset of forfeitures prior to offset to the overpayment. Some probation officers doing the collecting and the amount of time it takes to prosecute hinder collection. |
| SESAs that Reported Aids to Recovery Process: |
| SESA | State Statutes, Rules, or Court Decisions that Aid Recovery Process | Something Unique about State that Creates a Positive Impact on Recovery |
| Alabama | We offset as soon as overpayment is established. Intercept of state income tax refunds ($25 minimum) | Intercept of state income tax refunds. Recoveries through civil courts. |
| Alaska | We offset as soon as overpayment is established, when non-monetary determination is made. We can use small claim judgments to execute and obtain Permanent Fund Dividend money. | Many residents qualify for the Permanent Fund Dividend so we receive a large sum of money in the fall |
| Arizona | Debt setoff | |
| Arkansas | Benefit offsets; judgments | Release of overpayment as soon as it is established to begin offset/collection process |
| California | California Unemployment Insurance Code and the Code of Civil Procedures allow the department to file Summary Judgments, Abstract of Judgments, Writ of Executions, Earnings Withholding Orders and Notice of Bank Levies. | State tax refunds, lottery winnings, unemployment insurance and disability insurance benefit offsets |
| Colorado | Use of collection agency and collection fee is state statute | Courts will still prosecute even if payments were made |
| Connecticut | Effective 10/1/95, we pursue mandatory repayment schedules, wage garnishments, and state income tax interception on fraud overpayments |
| SESA | State Statutes, Rules, or Court Decisions that Aid Recovery Process | Something Unique about State that Creates a Positive Impact on Recovery |
| Delaware | Recoveries through civil courts; Division of Revenue state tax intercept program |
| District of Columbia | Law requires employers to withhold amount received in unemployment insurance benefits from back pay awards. Law allows deductions from state employees' paychecks; 100% offset from current benefits; intercept of income tax refunds (no minimum). | |
| Florida | Statutes. In the New Hire Process, during the initial fact-finding phase, an attempt is made to obtain a payment agreement with the claimant. | Early detection. Just implemented new process--when non-monetary determination made, if an overpayment is connected, the overpayment is added to the non-monetary determination (in most cases). No data available on new process but will reduce time and overpayment by having faster appeal hearings. |
| Georgia | The ability to seek civil remedy in a small claims court. Intercept of state income tax. | |
| Idaho | Federal Bankruptcy Court enables offsets on fraud overpayments even though debts are discharged. | |
| Illinois | Statute allows recoupment and Comptroller Offset. | Specialized recovery unit that engages in the interaction with claimants to aggressively pursue the collection of benefit overpayments. |
| SESA | State Statutes, Rules, or Court Decisions that Aid Recovery Process | Something Unique about State that Creates a Positive Impact on Recovery |
| Kentucky | Statutes provide "No agreement by a worker to waive, release, or commute rights to benefits or any other rights...shall be valid…employer may be required to pay...UI fund. ...Employers required to notify...prior to paying back pay award." |
| Louisiana | Statute provides the offset of state income tax refunds against outstanding overpayments. | |
| Maine | Benefit offset, state income tax refund and lottery winnings set-offs, and wage garnishment of fraud overpayments. | |
| Maryland | Allowed to intercept state income taxes for outstanding state debts. | |
| Massachusetts | Attorney General prosecution; tax intercept program; dunning notices expedite repayment plans. | Constant reminders of the debt through the dunning process results in claimants repaying the debt prior to being laid off to ensure eligibility for UI benefits. |
| Michigan | Intercept of state income tax refunds became law in 6/95 (previously allowed only on defaulted payment plans) and law changes in 1991 allowed liens/levy action against penalty/damages. Aggressive wage garnishment program against judgment cases. Civil suit for garnishment, as for judgment, must be filed by Attorney General's Office. | Have contracted for Columbia Ultimate Business Systems (CUBS) collection software. |
| SESA | State Statutes, Rules, or Court Decisions that Aid Recovery Process | Something Unique about State that Creates a Positive Impact on Recovery |
| Minnesota | Revenue recapture, offset, administrative garnishment authority, ability to prosecute. Ability to intervene in Workers' Compensation cases. | Continuous monthly billing up to write-off (six years). Ability to intervene in workers' compensation cases. |
| Mississippi | Able to use liens, garnishments, and prosecution. | |
| Missouri | Statute allowing wage garnishment. | State Law for collection of benefit overpayments cite collection in same manner as tax. Therefore, able to collect more than 10% on garnishments. |
| Montana | Assistance through Department of Revenue offset. Utilize filing liens. Utilize prosecution. | Smaller population which results in somewhat manageable claims load and overpayment recovery and affords active collection in every case for both fraud and non-fraud. |
| Nebraska | Collection statute allows three years to offset benefits from any current or future claim and negotiating with claimants as to amount offset; no statute regarding waiving or writing off, so can keep active as long or as short as wanted. | Nothing unique. |
| Nevada | Cooperation between agencies after a liberalization of the privacy laws; civil judgments; prosecution for fraud. | New computer system (GUIDE) will automate collection/judgment process for fraud and non-fraud. |
| New Hampshire | Automatic offsets. Judgments. | Monthly billing statements. Payment plans. |
| SESA | State Statutes, Rules, or Court Decisions that Aid Recovery Process | Something Unique about State that Creates a Positive Impact on Recovery |
| New Jersey | 100% benefit offset, intercept of state income tax refunds and/or homestead rebates, filing of judgments, execution of wage garnishment. | |
| New Mexico | One judicial district files our prosecution cases under the felony state statutes. | |
| New York | The courts have repeatedly upheld the Department's right to recoupment even if the overpayment was through no fault of the claimant. | |
| North Dakota | Excellent working relationship with Workers' Compensation and they will intercept and repay the overpayment. | |
| Ohio | Interest. | |
| Oklahoma | Recoupment through state tax refund of anything over $50. | |
| Oregon | Administrative authority to issue distraint warrants (like a summary judgment) and administratively issue garnishments. | |
| Pennsylvania | Fraud and fault restitution: Filing of liens on overpayments over $500, 100% benefit offset. |
| SESA | State Statutes, Rules, or Court Decisions that Aid Recovery Process | Something Unique about State that Creates a Positive Impact on Recovery |
| Rhode Island | Offset as soon as overpayment is established even if pending appeal; ability to offset 100% on fraud overpayments. | Fraud Unit, with the cooperation of the State Police, in a "sweep," arrests those individuals with a large overpayment as a result of fraud. As this is highly publicized, the resulting telephone calls from those on our overpayment rolls seeking to refund their outstanding overpayment are exceptional! |
| South Dakota | General and Junior liens; small claims; distress garnishments; 100% benefit offsets; prosecution; collection by probation officers. | |
| Tennessee | 100% benefit offset; wage garnishment; requirement of employers to withhold benefits from back-pay awards; deduction from state employee paychecks without a garnishment. | Ability to issue wage garnishments without obtaining court order. |
| Texas | Notice of assessment provision and no statute of limitations on offsets. | |
| Utah | Liens to attach real or personal property under the person's name. | Benefits are disqualified until overpayment and penalty are paid. If garnishment is not possible, the overpayment is transferred to the Office of State Collection for referral to private debt collectors. |
| SESA | State Statutes, Rules, or Court Decisions that Aid Recovery Process | Something Unique about State that Creates a Positive Impact on Recovery |
| Vermont | Statute of limitations for recovery is five years; involved with reciprocal recovery agreement. | Ability to attach state tax refunds. |
| Virginia | Virginia Debt Recovery Act provides authority to collect delinquent accounts by state tax, state lottery, and state vendor set-off; use of collection agency, credit bureau, and civil action. | |
| Washington | Law for recovery affects fraud and non-fraud. A Court of Appeals ruling to allow offset of unemployment insurance claims during bankruptcy as "recoupment" not collection. Lottery hits. Wage garnishment. | Our automated judgment process allows for a large saving of time and being able to mail the paperwork to the various counties rather than appearing in person. |
| West Virginia | Clear statutes and policy. | |
| Wisconsin | Levy provisions; docketing of warrant/judgment/lien process. | Same tools which have positive impact on recovery process. |
| SESAs that Reported Methods that Could Increase Recovery: |
|
SESA |
Methods Not Currently in Place That Could Increase Recovery |
| Alabama | Recovery through federal income tax offset. Assess interest and another administrative penalty. |
| Alaska | Flag credit records, summary judgments. |
| Arizona | Being able to report unpaid debts to credit bureau. |
| Arkansas | State income tax intercept; no statute of limitation; garnishing wages. |
| California | Attachment of wages for those working out of state. |
| District of Columbia | Recovery Unit. |
| Florida | Remove the statute of limitations which stops us from being able to use current benefits to offset an overpayment. For example, if we have a final judgment from small claims court or the claimant was ordered to make full restitution by the state courts, and the two year and five year statute of limitations has been reached, we should be able to use current benefits that the claimant may be eligible for to offset these court ordered amounts. |
| Georgia | Levy on personal property, while the law provides for this remedy, cost effectiveness and staffing are problems; lottery intercept; payment by credit card. |
| Hawaii | Benefit offset with no time limit. |
| Illinois | Use of an outside collection agency; increased percentage of recoupment from 25 to 50%. |
| Iowa | Recovery through federal income tax offset. Automated match with other states. |
| SESA | Methods Not Currently in Place That Could Increase Recovery |
| Louisiana | Cross-fund offsetting; lien procedures civil court action; petition for federal income tax refund intercept; garnish wages; telephone collections; legislation and automation for offset of Louisiana benefits for overpayments in other states and programmed request for states to offset for Louisiana. |
| Maine | Wage attachment authorization; payment by credit card or bank card; coupon booklets. |
| Maryland | Automatic lien as a result of non-monetary determination. |
| Massachusetts | Garnish wages; liens on personal property (selling home, car, etc.); ability to offset during appeal process; intercept of lottery winnings; active telephone collections. |
| Michigan | Property liens and levy action against financial accounts. Law has been in existence since 1991, just now beginning preparation for implementation. However, limited to penalties/damages on fraud accounts only. Credit card payments and coupon books. |
| Mississippi | State income tax refund intercept. |
| Missouri | Intercept of federal income tax. All states enter into IRORA Agreement to offset. |
| Montana | Ability to garnish wages and bank accounts; intercept federal income tax refunds; accept credit card payments. |
| Nebraska | Screen applicants for a driver's license, fishing/hunting license; ability to intercept federal income tax refunds; collect lottery winnings, etc. |
| Nevada | Penalty on overpayments, garnishing wages. |
| New Hampshire | Distraints of personal bank accounts; wage garnishments; credit card collections. |
| New Jersey | Ability to process write-off of debts. |
| New Mexico | Filing cases under the felony state statutes; include non-fraud cases with the fraud cases. |
| SESA | Methods Not Currently in Place That Could Increase Recovery |
| New York | Administrative authority to mail file a collection warrant. |
| North Dakota | IBIQ and Interstate cross match ability. |
| Ohio | Civil action, other benefit offsets. |
| Oklahoma | Ability to exchange information with federal agencies and states for better addresses. |
| Oregon | Ability to offset at the point the overpayment is established.. |
| Pennsylvania | Signing IRORA, telephone collections, credit cards, offset lottery winnings. |
| Puerto Rico | Creation of collection unit. |
| Rhode Island | Creation of a collection unit; federal/state income tax interceptions. |
| South Carolina | Wage garnishment. |
| South Dakota | Lottery and federal income tax refund set-off. |
| Tennessee | Attachment of wages for those working out-of-state; all states enter into the IRORA agreement; telephone collections; interception of federal income tax refunds. |
| Texas | Lottery/federal tax refund set-off/wage garnishment/state income tax set-off. |
| Vermont | Use "Rehire" information to attempt to attach wages, prior to the Dept. of Social Welfare attaching them. Automated system to identify claimant's filing for benefits in other states. |
| Washington | Credit cards and personal loans to pay the department as they usually charge less interest. Recovery up front of Labor and Industry backpay. |
| West Virginia | Tax intercept. |
| SESA | Methods Not Currently in Place That Could Increase Recovery |
| Wisconsin | Ability to intercept federal income tax refunds. |
| Wyoming | Additional staff. |
| SESA | Pre-determination Notice | Overpayment Notice | Billing Statement | Collection Letter(s) | Telephone Recovery (Outgoing) | Payment Arrangements | Civil Action | Offset of State Tax Refunds | Offset of Lottery Winnings |
| Alabama | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | No |
| Alaska | Yes | Yes | Yes | Yes | Yes | Yes | Yes | No | No |
| Arizona | Yes | Yes | Yes | Yes | No | Yes | Yes | Yes | No |
| Arkansas | Yes | Yes | Yes | Yes | No | Yes | Yes | No | No |
| California1 | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes |
| Colorado | No | Yes | Yes | Yes | Yes | Yes | Yes | Yes | No |
| Connecticut | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | No |
| Delaware | No | Yes | Yes | Yes | No | Yes | Yes | Yes | Yes |
| District of Columbia | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | No |
| Florida | Yes | Yes | Yes | Yes | Yes | Yes | Yes | No | Yes |
| Georgia | No | Yes | Yes | Yes | Yes | Yes | Yes | Yes | No |
| Hawaii | No | Yes | Yes | Yes | No | Yes | Yes | No | No |
| Idaho | No | Yes | Yes | Yes | No | Yes | Yes | Yes | No |
| Illinois | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes |
| Indiana | Yes | Yes | Yes | Yes | No | Yes | Yes | Yes | Yes |
| Iowa | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes |
| SESA | Pre-determination Notice | Overpayment Notice | Billing Statement | Collection Letter(s) | Telephone Recovery (Outgoing) | Payment Arrangements | Civil Action | Offset of State Tax Refunds | Offset of Lottery Winnings |
| Kansas | Yes | Yes | Yes | Yes | No | Yes | Yes | Yes | Yes |
| Kentucky | No | Yes | Yes | Yes | No | Yes | Yes | Yes | No |
| Louisiana | Yes | Yes | Yes | Yes | No | Yes | No | Yes | No |
| Maine | No | Yes | Yes | Yes | Yes | Yes | No | Yes | Yes |
| Maryland | No | Yes | Yes | No | No | Yes | Yes | Yes | No |
| Massachusetts | Yes | Yes | Yes | Yes | No | Yes | Yes | Yes | No |
| Michigan | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | No |
| Minnesota | Yes | Yes | Yes | Yes | No | Yes | Yes | Yes | Yes |
| Mississippi | Yes | Yes | Yes | Yes | No | Yes | Yes | No | No |
| Missouri | No | Yes | Yes | Yes | Yes | Yes | Yes | Yes | No |
| Montana | Yes | Yes | Yes | Yes | No | Yes | Yes | Yes | Yes |
| Nebraska | Yes | Yes | Yes | Yes | No | Yes | Yes | Yes | No |
| Nevada | Yes | Yes | Yes | Yes | No | Yes | Yes | No | No |
| New Hampshire | Yes | Yes | Yes | Yes | Yes | Yes | Yes | No | No |
| New Jersey1 | Yes | Yes | Yes | Yes | No | Yes | Yes | Yes | No |
| New Mexico | Yes | Yes | Yes | Yes | No | Yes | Yes | Yes | No |
| SESA | Pre-determination Notice | Overpayment Notice | Billing Statement | Collection Letter(s) | Telephone Recovery (Outgoing) | Payment Arrangements | Civil Action | Offset of State Tax Refunds | Offset of Lottery Winnings |
| New York | Yes | Yes | No | Yes | No | Yes | Yes | Yes | No |
| North Carolina | Yes | Yes | Yes | Yes | Yes | Yes | No | Yes | No |
| North Dakota | Yes | Yes | Yes | Yes | No | Yes | Yes | Yes | No |
| Ohio | Yes | Yes | Yes | Yes | No | Yes | No | No | No |
| Oklahoma | Yes | Yes | Yes | Yes | No | Yes | Yes | Yes | No |
| Oregon | Yes | Yes | Yes | Yes | No | Yes | Yes | Yes | No |
| Pennsylvania | No | Yes | Yes | Yes | No | Yes | Yes | No | No |
| Puerto Rico | Yes | Yes | Yes | Yes | No | Yes | No | No | No |
| Rhode Island1 | No | Yes | Yes | No | No | Yes | Yes | No | Yes |
| South Carolina | Yes | Yes | No | Yes | No | Yes | No | Yes | No |
| South Dakota | Yes | Yes | Yes | Yes | Yes | Yes | Yes | No | No |
| Tennessee | Yes | Yes | Yes | Yes | No | Yes | Yes | N/A | N/A |
| Texas | Yes | Yes | Yes | Yes | Yes | Yes | Yes | No | No |
| Utah | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | N/A |
| Vermont | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes |
| Virginia | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes |
| SESA | Pre-determination Notice | Overpayment Notice | Billing Statement | Collection Letter(s) | Telephone Recovery (Outgoing) | Payment Arrangements | Civil Action | Offset of State Tax Refunds | Offset of Lottery Winnings |
| Washington | Yes | Yes | Yes | Yes | Yes | Yes | Yes | No | Yes |
| West Virginia | No | Yes | Yes | Yes | Yes | Yes | Yes | No | No |
| Wisconsin | No | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes |
| Wyoming | No | Yes | Yes | Yes | Yes | Yes | Yes | No | No |
| Number of SESAs that Reported Use of the Method or Technique: |
| 38 | 52 | 50 | 50 | 24 | 52 | 46 | 35 | 15 |
| Number of SESAs that Reported Method or Technique Not Used: |
| 14 | 0 | 2 | 2 | 28 | 0 | 6 | 16 | 35 |
| 1 Offset Disability Insurance benefits. | N/A = 1 | N/A = 2 |
|
SESA |
Fraud |
Non-fraud |
|
Amount |
Age (Years) | Other Criteria | Amount | Age (Years) | Other Criteria | |
| Alabama | 6 | 6 | ||||
| Alaska | 2 | Not written off if: Current employment in state, current benefit entitlement, current address in state, current repayment | 2 | Same as fraud | ||
| Arizona | N/A | Bankruptcy, death only. We cannot write off fraud established after June 1981. | Varies | $500 or less - 6 years old - no pay 1 year. $500 - $1,000 - 10 years old - no pay 1 year. Over $1,000 - 10 years old - no pay 1 year to BPW. | ||
| Arkansas | 5 | 4 | ||||
| California | varies | Fraud and non-fraud
overpayments: Six years and
one month with no voluntary
payment activity within the last
twelve months.
Federal overpayments or overpayments with a judgment: Ten years and one month with no voluntary payment activity within the last twelve months. |
|
SESA |
Fraud |
Non-fraud |
|
Amount |
Age (Years) | Other Criteria | Amount | Age (Years) | Other Criteria | |
| Colorado | 7 | Not written off if: current wages, recent claim or payments, current credit report information | 5 | Same as fraud | ||
| Connecticut | No limits | 8 | ||||
| Delaware | 5 | 5 | ||||
| District of Columbia | 6 | Would write-off for bankruptcy. | 3 | Would write-off for bankruptcy. | ||
| Florida | 5 | When deceased or judged bankrupt and Department has been listed as creditor (case entered as bankrupt after court discharges all debts) | 2 | Same as fraud | ||
| Georgia | 4 | Four years from the last collected amount after statute of limitations has expired. | 4 | Four years from the last collected amount. | ||
| Hawaii | 10+ | 1. Debt discharged by
bankruptcy court;
2. Deceased and has no estate; 3. Confined to an institution indefinitely; 4. Whereabouts unknown |
Same as fraud |
|
SESA |
Fraud |
Non-fraud |
|
Amount |
Age (Years) | Other Criteria | Amount | Age (Years) | Other Criteria | |
| Idaho | 8 | Upon notification of death | 5 | Upon notification of death | ||
| Illinois | 8 | Debt discharged through bankruptcy court and deceased claimant. | 5 | Debt discharged through bankruptcy court and deceased claimant. | ||
| Indiana | 6 | Bankruptcy, death of claimant | 3 | Bankruptcy, death of claimant | ||
| Iowa | 10 | After last date of recovery | 10 | From most recent recovery | ||
| Kansas | At this time we do not write off any fraud overpayments | $4.99 | If it has been 5 years since the last payment activity, we waive the O/P | |||
| Kentucky | 10 | 5 | ||||
| Louisiana | 5 | 3 | ||||
| Maine | $25. | 7 | No wage information available in employer records/tax records | $25 | 7 | Same as fraud |
| Maryland | 5 | We do not write-off cases that have an active account status. | 5 | Same as fraud | ||
| Massachusetts | No limits | Same as fraud |
|
SESA |
Fraud |
Non-fraud |
|
Amount |
Age (Years) | Other Criteria | Amount | Age (Years) | Other Criteria | |
| Michigan (4) | 6 | 6 years from mail/serve date, last voluntary payment, or agreement to repay | 3 | 3 years from issuance of (re)determination establishing overpayment. However, if payment plan agreement was signed by debtor and this agreement is defaulted, agency has 6 years from agreement or last payment against agreement to collect. Voluntary payment without agreement to repay falls under 3 year statute (from payment date). | ||
| Minnesota | 1. Bankruptcy court has
discharged the debt.
2. Evidence is received that the claimant is deceased. |
Same as fraud. | ||||
| Mississippi | 5 | From date of first overpaid week or from date of lien. | 5 | |||
| Missouri | 6 | 6 years if no restitution within one year of write-off. | 6 | 6 years if no restitution within one year of write-off. |
|
SESA |
Fraud |
Non-fraud |
|
Amount |
Age (Years) | Other Criteria | Amount | Age (Years) | Other Criteria | |
| Montana | 25 | 5-10 | Filing a lien will extend from 5 to 10 years | 25 | 5-10 | Same as fraud |
| Nebraska | 6 | Claimant deceased and no assets available through probate; overpayment discharged in bankruptcy; incarcerated for 5+ years; overpayment determined uncollectible as claimant unable to work, receiving OASI/DI & unable to repay, no write off provisions in Statute | 6 | Same as fraud | ||
| Nevada | Any | 3 | If a civil judgment has been filed it can be renewed every 6 years. Normally it is renewed twice at the most. | Any | 3 | An overpayment may be waived if attempts to collect would be against equity and good conscience. i.e. claimant age, health, earning potential. |
| New Hampshire | 20 (approx.) | Documented financial hardship | 20 | Same as fraud | ||
| New Jersey | Depending on dollar value of debt - aging limit is assigned for debt to meet "write-off" criteria. | Same as fraud |
|
SESA |
Fraud |
Non-fraud |
|
Amount |
Age (Years) | Other Criteria | Amount | Age (Years) | Other Criteria | |
| New Mexico | Per state law we do not write-off overpayments. We move these claimants to the "Doubtful Account" category through the aging process. | Same as fraud | ||||
| New York | all | 6 | If judgment obtained, 20 years from when judgment entered. | All | 6 | |
| North Carolina | all | 10 | Upon certification of death. | All | 3 | 1. Upon certification of death.
2. Bankruptcy Court has discharged debt. |
| North Dakota | Currently no state guidelines in regards to write-offs. If no criminal or civil action has been taken within six years of establishment, following UCX and UCFE guidelines for write-offs. | |||||
| Ohio | 6 | 3 | ||||
| Oklahoma | No claimant error overpayments, fraud or non-fraud, is written-off in Oklahoma |
|
SESA |
Fraud |
Non-fraud |
|
Amount |
Age (Years) | Other Criteria | Amount | Age (Years) | Other Criteria | |
| Oregon | Maximum WBA | 3 | Overpayments under the maximum WBA are canceled automatically at 3 years. Higher debts are reviewed and canceled at 5 years if considered uncollectible. | Maximum WBA | 3* | *Non-claimant error overpayments are canceled after 52 weeks. |
| Pennsylvania | 7 | Discharged bankruptcies, deceased claimants with no estates, or overpayments where no liens have been filed | 4 | Discharged bankruptcies, deceased claimants with no estates. | ||
| Puerto Rico | 5 | 5 | ||||
| Rhode Island | $75 | 10+ | 3 years no activity; write-off cases may be activated if new claim is filed. | $75 | 10+ | Same as fraud |
| South Carolina | 3 | 3 | ||||
| South Dakota | 10 | Bankruptcy and out of state or no wages, deceased and no estate | 10 | Same as fraud |
|
SESA |
Fraud |
Non-fraud |
|
Amount |
Age (Years) | Other Criteria | Amount | Age (Years) | Other Criteria | |
| Tennessee | any | 6 | Will write-off if discharge granted from bankruptcy; will not write-off if active garnishment, bankruptcy, chancery court appeal, or prosecution. | Any | 3 | Same as fraud |
| Texas | 6 | Federal overpayments are written off 6 years from last activity | 6 | Federal overpayments are written off 6 years from last activity | ||
| Utah | Under $100 set up for write-off at 3 years, otherwise 8 years; judgment liens have an 8 year life; death, certified permanent disability | Reviewed at 3 years for collectibiltiy, expiration of 8 year judgment lien | ||||
| Vermont | 5 or more | 5 years after the last decision which ordered repayment or 8 years after a judgment order date | Same as fraud | |||
| Virginia | 7 | Bankruptcy or death of claimant | 7 | Bankruptcy or death of claimant | ||
| Washington | 13 | 13 |
|
SESA |
Fraud |
Non-fraud |
|
Amount |
Age (Years) | Other Criteria | Amount | Age (Years) | Other Criteria | |
| West Virginia | 10 | 5 | 2 years on administrative error overpayments | |||
| Wisconsin | $1 | 3 | Policy in process of being revised to allow for additional write-offs | Same as fraud, in revision process | ||
| Wyoming | 3 - 5 | 3 |
| SESA | In-Person | Telephone Contact |
Letters |
Payment Agreements |
Civil Action | UI Benefit Offset | Offset of State Tax Refund | Follow-up Activities |
| Alabama | No | No | Yes | Yes (5) | No | Yes | No | Yes |
| Alaska | No | No | No | No | Yes/No (6) | Yes (7) | No | No |
| Arizona | No | No | Yes | Yes (8) | Yes (9) | Yes | No | No |
| Arkansas | No | No | No | No | No | Yes/No (10) | No | No |
| California | No | No | Yes | No | No | Yes (11) | No | Yes |
| Colorado | No | No | No | No | No | Yes | No | No |
| Connecticut | No | No | No | No | No | No | No | No |
| Delaware | No | No | Yes | No | No | Yes | Yes | No |
| District of Columbia | No | No | Yes | No | No | Yes | Yes | No |
|
SESA |
In-Person | Telephone Contact |
Letters |
Payment Agreements |
Civil Action | UI Benefit Offset | Offset of State Tax Refund | Follow-up Activities |
| Florida | No | Yes | Yes | Yes | No (12) | No | No | No |
| Georgia | No | Yes | Yes | No | No | Yes/No (13) | No | Yes |
| Hawaii | No | No | No | No | No | Yes (14) | No | No |
| Idaho | No | No | No | No | No | Yes | No | No |
| Illinois | No | No | No | No | No | Yes (15) | No | No |
| Indiana | No | No | No | No | No | Yes (16) | No | No |
| Iowa | No | No | Yes | No | No | Yes | No | No |
| Kansas | No | No | Yes | No | No | Yes | No | No |
| Kentucky (17) | Yes | Yes | No | No | No | No | No | Yes |
| Louisiana | Yes | No | Yes | No | No | No | No | No |
| Maine (18) | No | No | No | No | No | No | No | No |
| Maryland | No | No | Yes | Yes | Yes | Yes | No | Yes |
|
SESA |
In-Person | Telephone Contact |
Letters |
Payment Agreements |
Civil Action | UI Benefit Offset | Offset of State Tax Refund | Follow-up Activities |
| Massachusetts | No | No | No | No | No | No | No | No |
| Michigan | No | No | No | No | No | Yes (19) | No | No |
| Minnesota | No | No | No | No | No | Yes/No (20) | No | No |
| Mississippi | Yes | Yes | Yes | Yes | No | Yes | No | Yes |
| Missouri | No | Yes | Yes | No | Yes | Yes | No | Yes |
| Montana | No | No | Yes | Yes | No | Yes | Yes | No |
| Nebraska | No | No | Yes | Yes | Yes (21) | Yes (22) | No | Yes |
| Nevada | No | No | Yes | Yes | No | Yes | No | No |
| New Hampshire | No | No | No | No | No | No | No | No |
| New Jersey | No | No | No | No | No | Yes/No (23) | No | No |
| New Mexico | No | No | No | No | No | Yes (24) | No | No |
|
SESA |
In-Person | Telephone Contact |
Letters |
Payment Agreements |
Civil Action | UI Benefit Offset | Offset of State Tax Refund | Follow-up Activities |
| New York | No | No | No | No | No | Yes/No (25) | No | No |
| North Carolina | Yes (26) | No | No | Yes | No | Yes/No (27) | No | Yes |
| North Dakota | No | No | Yes (28) | Yes | No | Yes | No | No |
| Ohio | No | Yes (29) | Yes | Yes | No | Yes (30) | No | No |
| Oklahoma | No | No | Yes | Yes | No | Yes | Yes | Yes |
| Oregon | No | No | No | No | No | Yes (31) | No | Yes |
| Pennsylvania | No | No | No | Yes | No | Yes (32) | No | No |
| Puerto Rico | Yes | Yes | No | No | No | No | No | No |
| Rhode Island (33) | No | No | No | No | No | No | No | No |
| Tennessee | No | No | No | Yes (34) | No | Yes | N/A | No |
|
SESA |
In-Person | Telephone Contact |
Letters |
Payment Agreements |
Civil Action | UI Benefit Offset | Offset of State Tax Refund | Follow-up Activities |
| Texas | Yes (35) | No | Yes | No | No | Yes (36) | No | No |
| Utah | No | No | Yes | Yes (37) | No | Yes | No | Yes |
| Vermont | No | No | No | Yes | Yes (38) | Yes | No | Yes/No (39) |
| Virginia | Yes | Yes | Yes | Yes | No | Yes (40) | No | Yes |
| Washington | No | No | No | No | No | No | No | |
| West Virginia | No | No | No | No | No | Yes/No (41) | No | No |
| Wisconsin | No | No | Yes | Yes | Yes (42) | Yes | No | No |
| Wyoming | No | No | No | No | No | Yes/No (43) | No | No |
1 Michigan statute of limitations for non-fraud was changed as result of a court case to 3 years from issuance of (re)determination establishing overpayment, 3
years on benefits offsets, repayment agreements, and state tax refund intercepts. If default on repayment agreement, 6 years from date of agreement or last
payment made on agreement.
1 North Dakota has no limitation on offset. Will offset as long as valid paperwork remains. If balance of overpayment is $25 or greater, will do state tax refund
intercept; no time limitation. Civil action is limited to six years for all overpayments--fraud and non-fraud.
1 Fault restitution - 7 years, non-fault - 4 years.
1 Michigan write-off criteria also extends to deceased debtors. Statute of Limitations is in abeyance if the debtor moves from state and resumes when debtor
returns to state. Written-off balances are reinstated if debtor was out-of-state for a period equal to time away from Michigan.
1 If requested by claimant.
1 Civil action taken: · Fraud overpayments only. · Requesting state must have a signed agreement of reciprocity. · Overpayments between $500 and $7,500 will be considered for small claims court.
1 Fraud overpayments only.
1 If requested by claimant.
1 Requesting state has to pay all legal fees.
1 Interstate or combined wage claims.
1 California offset time limits are 6 years from date of overpayment except for combined wage claims which must be offset within 3 years. Offset if: 1. Overpayment is the result of a claim filed out of order of liability or 2. Overpayment is from a state contributing wages for a California combined wage claim or 3. Claimant gives consent to offset for an out-of-state overpayment.
1 Florida will submit a case for prosecution if documents required for Florida prosecution are available.
1 Interstate or combined wage claims.
1 Overpayment is less than 2 years old and claimant authorizes the offset.
1 Claimant must request benefit offset.
1 Under IRORA guidelines.
1 Local office will contact the claimant to request check endorsement.
1 Maine is converting from mainframe to Protocol (a personal computer stand alone system). When completed, Maine plans to expand its collection activities,
including assistance provided to other states.
1 Only when Michigan is the paying state on combined wage claim and claimant elected to have a straight claim with a transferring state.
1 Will offset for states that participate in the interstate reciprocal agreement. The state needs to certify that the claimant is liable to repay overpaid benefits and
ask Minnesota to recover the overpayment.
1 Overpayments greater than $300, caused other than agency error, and proper documentation provided.
1 Overpayment less than 3 years old.
1 Interstate or combined wage claims.
1 New Mexico will offset: 1. If a request to recover and the letter of overpayment are received. 2. If the claim is a combined wage claim and indebted state's wages are being used. 3. If the claimant authorizes recovery.
1 Combined wage claims only.
1 Overpayment greater than $1,000.
1 Will offset for IRORA states.
1 Monthly billing statement if overpayment is less than 3 years old.
1 Copy of valid overpayment determination.
1 IB-8606 and valid overpayment determination.
1 Overpayment within 3 years, must have Oregon combined wage claim with wages from overpaid state.
1 Need claimant's permission if not duplicate weeks.
1 If claimant calls or comes into the office, he/she is advised of the overpayment and encouraged to pay it.
1 If requested by claimant.
1 Will accept payments if claimant reports to a local office.
1 IRORA and CWC
1 If contacted by claimant.
1 Overpayments greater than $500.
1 Depends on the situation.
1 Copy of overpayment determination required.
1 IRORA-will offset overpayments after the claimant has an opportunity to appeal.
1 If other state reciprocates and if time available.
1 Combined wage claims only.