7 CCR 1101-2-13.4 - INTERSTATE RECIPROCAL OVERPAYMENT RECOVERY
13.4.1
Statutory References: 8-72-109(1), 8-72-110, and 8-79-102(1),
C.R.S.
13.4.2
Definitions. The following definitions shall apply to this section
unless the context clearly requires otherwise.
.1
State. Any state of the
United States, the District of Columbia, Puerto Rico, and the Virgin Islands.
.2
Offset. The
withholding of the overpaid amount against benefits that would otherwise be
payable for a compensable week of unemployment.
.3
Overpayment. An improper
payment of benefits from a state or federal unemployment compensation fund that
has been determined recoverable under the requesting state's law.
.4
Participating State. A state
that has subscribed to the interstate reciprocal overpayment
arrangement.
.5
Paying
State. 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.
.6
Recovering
State. The state that has received a request for assistance from a
requesting state.
.7
Requesting State. 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.
.8
Transferring State. A state
in which a combined-wage claimant had covered employment and wages in the base
period of a paying state and that transfers such employment and wages to the
paying state for its use in determining the benefit rights of such claimant
under its law.
.9
Liable
State. Any state against which an individual files, through another
state, a claim for benefits.
13.4.3
Recovery of State or Federal
Benefit Overpayments.
.1
Duties
of Requesting State. The requesting state shall:
.1 Send the recovering state a written
request for overpayment-recovery assistance that includes certification that
the overpayment is legally collectable under the requesting state's law,
certification that the determination is final and that any rights to
postponement of recoupment have been exhausted or have expired, a statement as
to whether the state is participating in cross-program offset by agreement with
the U.S. Secretary of Labor, a copy of the initial overpayment determination,
and a statement of the outstanding balance;
.2 Send notice of the request to the
claimant; and
.3 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 such as by interception of tax refund.
.2
Duties of Recovering State.
The recovering state shall:
.1 Issue to the
claimant an overpayment-recovery determination that includes the statutory
authority for the offset, the name of the state requesting recoupment, the date
of the original overpayment determination, the type of overpayment (fraud or
nonfraud), program type, total amount to be offset, the amount to be offset
weekly, and the right to request determination and appeal of the determination
to recover the overpayment by offset.
.2 Offset benefits payable for each week
claimed in the amount determined under state law.
.3 Provide the claimant with a notice of the
amount offset.
.4 Prepare and
forward, no less than once a month, payment representing the amount recovered
made payable to the requesting state except as provided in regulation
13.4.4.1.2.
.5 Retain a record of
the overpayment balance 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 latest.
.6 Not redetermine the original overpayment
determination.
13.4.4
Combined-Wage Claims.
.1
Recovery of Outstanding Overpayment
in Transferring State. The paying state shall:
.1 Offset any outstanding overpayment in a
transferring state(s) prior to honoring a request from any other participating
state.
.2 Credit the deductions
against the statement of benefits paid to combined-wage claimants, Form IB-6,
or forward payment to the transferring state as described in regulation
13.4.3.2.4.
.2
Withdrawal of Combined-Wage Claim After Benefits Have Been Paid.
.1 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 pursuant to regulation 13.2.8.4.
.2 The paying state shall issue an
overpayment determination and forward a copy, with an overpayment-recovery
request and an authorization to offset, with the initial claim to the liable
state.
.3
The
recovering state shall:
.1 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;
.2 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;
.3 Provide the claimant with a notice for the
amount offset; and
.4 Prepare and
forward payment representing the amount recovered to the requesting state as
described in regulation 13.4.3.2.4.
13.4.5
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 U.S. Secretary of Labor, and vice versa, in the same manner
as required under regulation 13.4.3 and regulation 13.4.4 when both the
recovering state and requesting state have entered into an agreement with the
U.S. Secretary of Labor to implement section 303(a) of the federal
Social Security Act.
Notes
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