2016 Indiana Code
TITLE 22. LABOR AND SAFETY
ARTICLE 4. UNEMPLOYMENT COMPENSATION SYSTEM
CHAPTER 13. IMPROPER PAYMENTS
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IC 22-4-13
Chapter 13. Improper Payments
IC 22-4-13-1
Overpayments resulting from fraud, failure to report wages
received, or other reason; collection
Sec. 1. (a) Whenever an individual receives benefits or extended
benefits to which the individual is not entitled under:
(1) this article; or
(2) the unemployment insurance law of the United States;
the department shall establish that an overpayment has occurred and
establish the amount of the overpayment. For an overpayment
described in subsection (e), the department has four (4) years from
the date of the overpayment to establish that the overpayment
occurred and the amount of the overpayment.
(b) An individual described in subsection (a) is liable to repay the
established amount of the overpayment.
(c) Any individual who knowingly:
(1) makes, or causes to be made by another, a false statement or
representation of a material fact knowing it to be false; or
(2) fails, or causes another to fail, to disclose a material fact;
and
as a result thereof has received any amount as benefits to which the
individual is not entitled under this article, shall be liable to repay
such amount, with interest at the rate of one-half percent (0.5%) per
month, to the department for the unemployment insurance benefit
fund or to have such amount deducted from any benefits otherwise
payable to the individual under this article.
(d) Any individual who fails to report wages received during a
week in which benefits were paid or because of the subsequent
receipt of income deductible from benefits which is allocable to the
week or weeks for which benefits were paid and as a result is not
entitled to such benefits under this article shall be liable to repay
such amount to the department for the unemployment insurance
benefit fund or to have such amount deducted from any benefits
otherwise payable to the individual under this article.
(e) An individual who for any reason not described in subsection
(c) or (d) has received any amount as benefits to which the individual
is not entitled under this article is liable to repay that amount to the
department for the unemployment insurance benefit fund or to have
that amount deducted from any benefits otherwise payable to the
individual under this article.
(f) When benefits are paid to an individual who was eligible or
qualified to receive such payments, but when such payments are
made because of the failure of representatives or employees of the
department to transmit or communicate to such individual notice of
suitable work offered, through the department, to such individual by
an employing unit, then and in such cases, the individual shall not be
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required to repay or refund amounts so received, but such payments
shall be deemed to be benefits improperly paid.
(g) Where it is finally determined by a deputy, an administrative
law judge, the review board, or a court of competent jurisdiction that
an individual has received benefits to which the individual is not
entitled under this article, the department shall relieve the affected
employer's experience account of any benefit charges directly
resulting from such overpayment, except as provided under
IC 22-4-11-1.5. However, an employer's experience account will not
be relieved of the charges resulting from an overpayment of benefits
which has been created by a retroactive payment by such employer
directly or indirectly to the claimant for a period during which the
claimant claimed and was paid benefits unless the employer reports
such payment by the end of the calendar quarter following the
calendar quarter in which the payment was made or unless and until
the overpayment has been collected. Those employers electing to
make payments in lieu of contributions shall not have their account
relieved as the result of any overpayment unless and until such
overpayment has been repaid to the unemployment insurance benefit
fund.
(h) Where any individual is liable to repay any amount to the
department for the unemployment insurance benefit fund for the
restitution of benefits to which the individual is not entitled under
this article, the amount due may be collectible without interest,
except as otherwise provided in subsection (c), by civil action in the
name of the state of Indiana, on relation of the department, which
remedy by civil action shall be in addition to all other existing
remedies and to the methods for collection provided in this article.
(i) Liability for repayment of benefits paid to an individual (other
than an individual employed by an employer electing to make
payments in lieu of contributions) for any week may be waived upon
the request of the individual if:
(1) the benefits were received by the individual without fault of
the individual;
(2) the benefits were the result of payments made:
(A) during the pendency of an appeal before an
administrative law judge or the review board under
IC 22-4-17 under which the individual is determined to be
ineligible for benefits; or
(B) because of an error by the employer or the department;
and
(3) repayment would cause economic hardship to the individual.
(Formerly: Acts 1947, c.208, s.1301; Acts 1953, c.177, s.13; Acts
1957, c.129, s.1; Acts 1971, P.L.355, SEC.28; Acts 1973, P.L.239,
SEC.4.) As amended by Acts 1979, P.L.229, SEC.2; P.L.228-1983,
SEC.3; P.L.18-1987, SEC.40; P.L.135-1990, SEC.2; P.L.21-1995,
SEC.77; P.L.290-2001, SEC.6; P.L.108-2006, SEC.23;
P.L.183-2015, SEC.3.
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IC 22-4-13-1.1
Forfeiture of benefits or wage credits; civil penalties
Sec. 1.1. (a) Notwithstanding any other provisions of this article,
if an individual knowingly:
(1) fails to disclose amounts earned during any week in the
individual's waiting period, benefit period, or extended benefit
period; or
(2) fails to disclose or has falsified any fact;
that would disqualify the individual for benefits, reduce the
individual's benefits, or render the individual ineligible for benefits
or extended benefits, the individual forfeits any wage credits earned
or any benefits or extended benefits that might otherwise be payable
to the individual for any week in which the failure to disclose or
falsification caused benefits to be paid improperly.
(b) In addition to amounts forfeited under subsection (a), an
individual is subject to the following civil penalties for each instance
in which the individual knowingly fails to disclose or falsifies any
fact that if accurately reported to the department would disqualify the
individual for benefits, reduce the individual's benefits, or render the
individual ineligible for benefits or extended benefits:
(1) For the first instance, an amount equal to twenty-five
percent (25%) of the benefit overpayment.
(2) For the second instance, an amount equal to fifty percent
(50%) of the benefit overpayment.
(3) For the third and each subsequent instance, an amount equal
to one hundred percent (100%) of the benefit overpayment.
(c) The department's determination under this section constitutes
an initial determination under IC 22-4-17-2(a) and is subject to a
hearing and review under IC 22-4-17-3 through IC 22-4-17-15.
(d) Interest and civil penalties collected under this chapter shall
be deposited as follows:
(1) Fifteen percent (15%) of the amount collected shall be
deposited in the unemployment insurance benefit fund
established under IC 22-4-26-1.
(2) The remainder of the amount collected shall be deposited in
the special employment and training services fund established
under IC 22-4-25-1.
As added by P.L.108-2006, SEC.24. Amended by P.L.175-2009,
SEC.18; P.L.154-2013, SEC.5; P.L.121-2014, SEC.11.
IC 22-4-13-2
Repealed
(Repealed by P.L.129-1984, SEC.4.)
IC 22-4-13-3
Overpayments due to retroactive labor awards; offset and
remission
Sec. 3. If an overpayment of benefits is created by a retroactive
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payment by the employer for:
(1) awards by the National Labor Relations Board of additional
pay, backpay, or for loss of employment;
(2) any payments made under an agreement entered into by an
employer, either a union or an employee, and the National
Labor Relations Board; or
(3) payments to an employee by an employing unit made
pursuant to the terms and provisions of the Fair Labor
Standards Act;
and the employer offsets all or part of the overpaid benefits against
the award, the employer shall remit the amount offset to the division.
As added by P.L.20-1986, SEC.8.
IC 22-4-13-4
Repealed
(As added by P.L.172-2011, SEC.128. Repealed by P.L.183-2015,
SEC.4.)
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