HB550: Unemployment benefits; VEC to negotiate terms of repayment benefits which recipient is not entitled.
Be it enacted by the General Assembly of Virginia:
1. That ? 60.2-633 of the Code of Virginia is amended and reenacted as follows:
? 60.2-633. Receiving benefits to which not entitled.
A. Any person who has received any sum as benefits under this
title to which he was not entitled shall be liable to repay such sum to the
Commission. In the event the claimant does not refund the overpayment, the
Commission shall deduct from any future benefits such sum payable to him under
this title unless overpayment occurred due to administrative error, in which
case the Commission shall deduct only fifty have the authority to
negotiate the terms of repayment, which shall include (i) deducting up to 50
percent of the payable amount for any future week of benefits claimed, rounded
down to the next lowest dollar until the overpayment is satisfied; (ii)
foregoing collection of the payable amount until the recipient has found
employment as defined in ? 60.2-212; or (iii) determining and instituting an
individualized repayment plan. [ The Commission shall collect an
overpayment caused by administrative error only by offset against future
benefits or a negotiated repayment plan; however, the Commission may institute
any other method of collection if the individual fails to enter into or comply
with the terms of the repayment plan. ] Administrative error shall not
include decisions reversed in the appeals process. In addition, the overpayment
may be collectible by civil action in the name of the Commission. Amounts
collected in this manner may be subject to an interest charge as prescribed in
? 58.1-15 from the date of judgment and may be subject to fees and costs.
Collection activities for any benefit overpayment established of five dollars
or less may be suspended. The Commission may, for good cause, determine as
uncollectible and discharge from its records any benefit overpayment which
remains unpaid after the expiration of seven years from the date such
overpayment was determined, or immediately upon the death of such person or
upon his discharge in bankruptcy occurring subsequently to the determination of
overpayment. Any existing overpayment balance not equal to an even dollar
amount shall be rounded to the next lowest even dollar amount.
B. The Commission is authorized to accept repayment of benefit overpayments by use of a credit card. The Virginia Employment Commission shall add to such payment a service charge for the acceptance of such card. Such service charge shall not exceed the percentage charged to the Virginia Employment Commission for use of such card.
C. Final orders of the Commission with respect to benefit overpayments may be recorded, enforced and satisfied as orders or decrees of a circuit court upon certification of such orders by the Commissioner as may be appropriate.
Be it enacted by the General Assembly of Virginia:
1. That § 60.2-633 of the Code of Virginia is amended and reenacted as follows:
§ 60.2-633. Receiving benefits to which not entitled.
A. Any person who has received any sum as benefits under this
title to which he was not entitled shall be liable to repay such sum to the
Commission. In the event the claimant does not refund the overpayment, the
Commission shall deduct from any future benefits such sum payable to him under
this title unless overpayment occurred due to administrative error, in which
case the Commission shall deduct only fifty have the authority to
negotiate the terms of repayment, which shall include (i) deducting up to 50 percent of the payable amount for any future week of
benefits claimed, rounded down to the next lowest dollar until the overpayment
is satisfied; (ii)
foregoing collection of the
payable amount until the recipient has found employment as defined in §
60.2-212; or (iii) determining and
instituting an individualized
repayment plan. Administrative error shall not include
decisions reversed in the appeals process. In addition, the overpayment may be
collectible by civil action in the name of the Commission. Amounts collected in
this manner may be subject to an interest charge as prescribed in § 58.1-15
from the date of judgment and may be subject to fees and costs. Collection
activities for any benefit overpayment established of five dollars or less may
be suspended. The Commission may, for good cause, determine as uncollectible
and discharge from its records any benefit overpayment which remains unpaid
after the expiration of seven years from the date such overpayment was
determined, or immediately upon the death of such person or upon his discharge
in bankruptcy occurring subsequently to the determination of overpayment. Any
existing overpayment balance not equal to an even dollar amount shall be
rounded to the next lowest even dollar amount.
B. The Commission is authorized to accept repayment of benefit overpayments by use of a credit card. The Virginia Employment Commission shall add to such payment a service charge for the acceptance of such card. Such service charge shall not exceed the percentage charged to the Virginia Employment Commission for use of such card.
C. Final orders of the Commission with respect to benefit overpayments may be recorded, enforced and satisfied as orders or decrees of a circuit court upon certification of such orders by the Commissioner as may be appropriate.