§1665.2.  Recovery of state or federal benefit overpayments

A.  The requesting state shall do all of the following:

(1)  Send the recovering state a written or electronic request for overpayment recovery assistance, Form IB-8606, which 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 the cross-program overpayment recovery agreement with the United States secretary of labor, a copy of the initial overpayment determination, and a statement of the outstanding balance.

(2)  Send notice of this request to the claimant.

(3)  Send a new outstanding overpayment balance to the recovering state  whenever the requesting state receives any amount of repayment from a source other than the recovering state.

B.  The recovering state shall:

(1)  Issue an overpayment recovery determination to the claimant which includes at a minimum all of the following:

(a)  The statutory authority for the offset.

(b)  The opportunity to appeal the offset of benefits if the recovering state allows for appeal on the recovery of overpayment of regular unemployment compensation paid by such state.

(c)  The name of the state requesting recoupment.

(d)  The date of the original overpayment determination.

(e)  The type of overpayment, fraud, or mistake.

(f)  The program type, including but not limited to UI, UCFE, UCX, TRA.

(g)  The total amount to be offset.

(h)  The amount to be offset weekly.

(i)  Instructions that any questions about the overpayment amount should be referred to the requesting state.

(2)  Offset benefits payable for each week claimed in the amount determined under state law.

(3)  Notify the claimant of the amount offset.

(4)  Prepare and forward, no less than once a month, a payment representing the amount recovered, made payable to the requesting state, except as provided for in combined wage claims.

(5)  Retain a record of the overpayment balance.

(6)  Not redetermine the original overpayment determination.

(7)  Recover across benefit years and programs.

(8)  Use the ET Handbook No. 392, or any official superceding United States Department of Labor requirements for determining priorities for offsetting overpayments.

Acts 2013, No. 48, §1.