2005 Idaho Code - 59-1107A — RECOVERY OF OVERPAYMENTS -- PAYMENT OF EXPENSES AND DISTRIBUTION OF RECOVERIES

                                  TITLE  59
                          PUBLIC OFFICERS IN GENERAL
                                  CHAPTER 11
                           SOCIAL SECURITY BENEFITS
    59-1107A.  RECOVERY OF OVERPAYMENTS -- PAYMENT OF EXPENSES AND
DISTRIBUTION OF RECOVERIES. The state controller is authorized to recover on
behalf of the state and all governmental entities enumerated in section
59-1101, Idaho Code, and on behalf of all officers and employees thereof,
social security overpayments made to the United States treasury.
    The expenses incurred by the state controller in recovering such
overpayments for a state agency and its employees or any governmental entity
other than a school district and its employees shall be charged to the state
agency or such governmental entity. In the event the state controller incurs
expenses in connection with a program to seek such a recovery on behalf of
more than one (1) state agency or governmental entity, he shall allocate such
expenses to such state agencies and governmental entities in such manner as he
deems reasonable. The state controller may bill state agencies and
governmental entities other than school districts directly for such expenses
or may reduce the amount of their recovery of social security funds or credits
by the amount of such expenses.
    Expenses incurred for recovery of funds on behalf of school districts and
their employees may be paid out of any recoveries of overpayments on behalf of
school districts.
    The state controller may take such actions as he deems reasonable in the
recovery of such overpayments including contracting with third parties for the
recovery of such funds.
    The full amount of any recoveries of overpayments for employees of the
state and all governmental entities shall be refunded to such employees. The
amount of any recoveries on behalf of the state and its agencies and school
districts after deducting the expenses of collection shall be transferred to
the state general account. Any expenses previously paid by a state agency
shall be refunded to such state agency from such recoveries. Any unpaid
expenses shall be paid from such recoveries. The amount of any recoveries on
behalf of other governmental entities after deducting any unpaid expenses of
collection shall be refunded to such governmental entities or allowed as a
credit against future social security liability.