2021 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

1. 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:
      1. 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
      2. 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.
2. 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.
3. 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.)

The 2019 amendment, effective May 6, 2019, substituted the present provisions of this Code section for the former provisions, which read: "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. A penalty of 15 percent shall be added to the overpayment and become part of the overpayment. Interest shall accrue on the unpaid portion of such overpayment at a rate of 1 percent per month until repaid to the Commissioner for the Unemployment Compensation Fund. Further, such person shall forfeit all unpaid benefits for any weeks of unemployment subsequent to the date of the determination issued by the Commissioner covering said act or omission. The ineligibility shall include any unpaid benefits to which the person would otherwise be entitled during the remainder of any incomplete calendar quarter in which said determination is made and the next four complete calendar quarters immediately following the date of said determination; provided, however, such person shall be required to repay benefits received for any week as specified in said determination. No determination may be made by the Commissioner more than four years after such occurrence, act, or omission. Any such determination by the Commissioner may be appealed in the same manner as provided for the appeal from an initial determination in Article 8 of this chapter. The provisions of this Code section shall be in addition to, and not in lieu of, any provision contained in any of the other Code sections in this chapter."

- For article on the 2014 amendment of this Code section, see 31 Ga. St. U.L. Rev. 137 (2014).

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under Ga. L. 1937, p. 806 are included in the annotations for this Code section.

- Trial court erred by failing to conclude that it was not proven that a claimant knowingly underreported income in order to obtain unemployment benefits because while the evidence may have established that the claimant was less than diligent in monitoring deposits and ascertaining the income received, such conduct was an insufficient basis for imposing fraud penalties pursuant to O.C.G.A. § 34-8-255. Charles v. Butler, 331 Ga. App. 336, 771 S.E.2d 43 (2015).

Cited in Epps Air Serv., Inc. v. Lampkin, 229 Ga. 792, 194 S.E.2d 437 (1972).

RESEARCH REFERENCES

Am. Jur. 2d.

- 76 Am. Jur. 2d, Unemployment Compensation, §§ 9, 34.

- 81A C.J.S., Social Security and Public Welfare, § 577 et seq.

- Repayment of unemployment compensation benefits erroneously paid, 90 A.L.R.3d 987.

Right to unemployment compensation as affected by misrepresentation in original employment application, 23 A.L.R.4th 1272.