13100440D
SENATE BILL NO. 1035
Offered January 9, 2013
Prefiled January 8, 2013
A BILL to amend and reenact §60.2-633 of the Code of
Virginia, relating to the recovery of overpayments of unemployment benefits.
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Patron-- Watkins
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Referred to Committee on Commerce and Labor
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Be it enacted by the General Assembly of Virginia:
1. That §60.2-633 of the Code of Virginia is amended
and reenacted as follows:
§60.2-633. Receiving benefits to which not entitled.
A. Any person who has received any sum as benefits under this
title to which he was not entitled shall be liable to repay such sum to the
Commission. For purposes of this section, "benefits under
this title" includes benefits under an
unemployment benefit program of the United
States or of any other state. In the event the claimant
does not refund the overpayment, the Commission shall deduct from any future
benefits such sum payable to him under this title unless. However, if an
overpayment of benefits under this
chapter, but not under an unemployment benefit program of the United States or
of any other state, occurred due to administrative error, in which case the Commission
shall have the authority to negotiate the terms of repayment, which shall
include (i) deducting up to 50 percent of the payable amount for any future
week of benefits claimed, rounded down to the next lowest dollar until the
overpayment is satisfied; (ii) foregoing forgoing collection of the
payable amount until the recipient has found employment as defined in §
60.2-212; or (iii) determining and instituting an individualized repayment
plan. The Commission shall collect an overpayment of benefits
under this chapter caused by administrative error only by
offset against future benefits or a negotiated repayment plan; however, the
Commission may institute any other method of collection if the individual fails
to enter into or comply with the terms of the repayment plan. Administrative
error shall not include decisions reversed in the appeals process. In addition,
the overpayment may be collectible by civil action in the name of the
Commission. Amounts collected in this manner may be subject to an interest
charge as prescribed in §58.1-15 from the date of judgment and may be subject
to fees and costs. Collection activities for any benefit overpayment
established of five dollars or less may be suspended. The Commission may, for
good cause, determine as uncollectible and discharge from its records any
benefit overpayment which remains unpaid after the expiration of seven years
from the date such overpayment was determined, or immediately upon the death of
such person or upon his discharge in bankruptcy occurring subsequently to the
determination of overpayment. Any existing overpayment balance not equal to an
even dollar amount shall be rounded to the next lowest even dollar amount.
B. The Commission is authorized to accept repayment of benefit
overpayments by use of a credit card. The Virginia Employment Commission shall
add to such payment a service charge for the acceptance of such card. Such
service charge shall not exceed the percentage charged to the Virginia Employment
Commission for use of such card.
C. Final orders of the Commission with respect to benefit
overpayments may be recorded, enforced and satisfied as orders or decrees of a
circuit court upon certification of such orders by the Commissioner as may be
appropriate.
2. That an emergency exists and this act is in force
for weeks beginning after the adjournment sine die of the 2013 regular session
of the General Assembly.
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