2019 Georgia Code
Title 34 - Labor and Industrial Relations
Chapter 8 - Employment Security
Article 9 - Prohibited and Void Acts; Overpayments
§ 34-8-255. Effect of false statements and misrepresentations made to obtain or increase benefits
(a) Any person who knowingly makes a false statement or misrepresentation as to a material fact or who knowingly fails to disclose a material fact to obtain or increase benefits under this chapter, either for himself or herself or for any other person, or who knowingly accepts benefits under this chapter to which such person is not entitled shall, upon an appropriate finding by the Commissioner, cease to be eligible for such benefits, and an overpayment of benefits shall be computed without the application of deductible earnings as otherwise provided in Code Section 34-8-193 and shall be subject to the following:
(1) A penalty of 15 percent that shall be added to the overpayment and become part of the overpayment;
(2) Interest on the unpaid portion of such overpayment that shall accrue at a rate of 1 percent per month until repaid to the Commissioner for the Unemployment Compensation Fund;
(3) Repayment of benefits received for any week as specified in the finding by the Commissioner; and
(4) Forfeiture of all unpaid benefits for any weeks of unemployment subsequent to the date of the finding by the Commissioner such that the ineligibility shall apply to any unpaid benefits to which the person would otherwise be entitled during the remainder of the calendar quarter in which said finding is made and:
(A) If the overpayment is established on or before June 30, 2019, during the remainder of the next four complete calendar quarters immediately following the date of said finding; or
(B) If the overpayment is established on or after July 1, 2019, during a period of the next four calendar quarters following the calendar quarter in which such finding is made, through and including the last Saturday of the fourth of such calendar quarters.
(b) No finding pursuant to subsection (a) of this Code section shall be made by the Commissioner more than four years after such occurrence, act, or omission. Any such finding by the Commissioner may be appealed in the same manner as provided for the appeal from an initial finding in Article 8 of this chapter.
(c) The provisions of this Code section shall be in addition to, and not in lieu of, any provision contained in any other Code section in this chapter.
Code 1981, § 34-8-255, enacted by Ga. L. 1991, p. 139, § 1; Ga. L. 1994, p. 640, § 6; Ga. L. 2014, p. 730, § 9/HB 714; Ga. L. 2019, p. 527, § 7/HB 373.
