2021 Oregon Revised Statutes
Volume : 16 - Trade Practices, Labor and Employment
Chapter 657 - Unemployment Insurance
Section 657.400 - Employment Department Special Fraud Control Fund; use of funds; Lost Wages Assistance benefit overpayments.
(1) There is established in the State Treasury, separate and distinct from the General Fund, the Employment Department Special Fraud Control Fund. The Employment Department Special Fraud Control Fund shall consist of moneys collected or received by the Employment Department as follows:
(a) Interest and penalties described under ORS 657.310 (7)(b).
(b) All gifts to, interest on or profits earned by the Employment Department Special Fraud Control Fund.
(2) The moneys in the Employment Department Special Fraud Control Fund are continuously appropriated to the Employment Department and may not be appropriated, transferred or otherwise made available to any other state agency.
(3) All amounts in the Employment Department Special Fraud Control Fund shall be used for the following purposes, as included in the biennial budget of the Employment Department and approved by the Legislative Assembly:
(a) Administrative costs associated with the prevention, discovery and collection of unemployment benefit overpayments;
(b) Costs associated with the Lost Wages Assistance program administered by the department pursuant to a grant agreement with the Federal Emergency Management Agency under authority established by the presidential memorandum issued on August 8, 2020, on the subject of Authorizing the Other Needs Assistance Program for Major Disaster Declarations Related to Coronavirus Disease 2019; and
(c) Administrative costs associated with other benefit programs administered by the department.
(4) If, under subsection (3)(b) of this section, the Employment Department uses any amounts for the purpose of reimbursing the Federal Emergency Management Agency for overpayments of benefits under the Lost Wages Assistance program:
(a) Any amounts of overpayments collected from the debtor by the department shall be deposited in the Employment Department Special Fraud Control Fund.
(b)(A) The department may collect such overpayments under the provisions of this chapter as if the amounts were overpayments of regular benefits; or
(B) The Director of the Employment Department may waive collection of such overpayments if the director determines that it is administratively impracticable to pursue collection. [1997 c.372 §9; 2007 c.87 §5; 2013 c.703 §4; 2021 c.259 §1]
