Attachment C

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.

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.

2.

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.

3.

1 Fault restitution - 7 years, non-fault - 4 years.

4.

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.

5.

1 If requested by claimant.

6.

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.

7.

1 Fraud overpayments only.

8.

1 If requested by claimant.

9.

1 Requesting state has to pay all legal fees.

10.

1 Interstate or combined wage claims.

11.

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.

12.

1 Florida will submit a case for prosecution if documents required for Florida prosecution are available.

13.

1 Interstate or combined wage claims.

14.

1 Overpayment is less than 2 years old and claimant authorizes the offset.

15.

1 Claimant must request benefit offset.

16.

1 Under IRORA guidelines.

17.

1 Local office will contact the claimant to request check endorsement.

18.

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.

19.

1 Only when Michigan is the paying state on combined wage claim and claimant elected to have a straight claim with a transferring state.

20.

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.

21.

1 Overpayments greater than $300, caused other than agency error, and proper documentation provided.

22.

1 Overpayment less than 3 years old.

23.

1 Interstate or combined wage claims.

24.

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.

25.

1 Combined wage claims only.

26.

1 Overpayment greater than $1,000.

27.

1 Will offset for IRORA states.

28.

1 Monthly billing statement if overpayment is less than 3 years old.

29.

1 Copy of valid overpayment determination.

30.

1 IB-8606 and valid overpayment determination.

31.

1 Overpayment within 3 years, must have Oregon combined wage claim with wages from overpaid state.

32.

1 Need claimant's permission if not duplicate weeks.

33.

1 If claimant calls or comes into the office, he/she is advised of the overpayment and encouraged to pay it.

34.

1 If requested by claimant.

35.

1 Will accept payments if claimant reports to a local office.

36.

1 IRORA and CWC

37.

1 If contacted by claimant.

38.

1 Overpayments greater than $500.

39.

1 Depends on the situation.

40.

1 Copy of overpayment determination required.

41.

1 IRORA-will offset overpayments after the claimant has an opportunity to appeal.

42.

1 If other state reciprocates and if time available.

43.

1 Combined wage claims only.