La. Admin. Code tit. 4 § III-709

Current through Register Vol. 50, No. 9, September 20, 2024

Section III-709 - Recoupment from Employees Transferring to Another State Agency

A. If an overpaid employee is transferring to another state agency, and the losing agency has not completed the recoupment process, the losing agency must notify the gaining agency that the employee has an outstanding balance due the losing agency. The losing agency must provide pertinent documentation regarding the details of the overpayment and the recoupment plan established:

1. employee transferring from ISIS HR paid agency to another ISIS HR paid agency:

a. the gaining agency must continue any payment plan that was established at the losing agency. If a payment plan was not established, the losing agency and gaining agency must coordinate the recoupment of the overpayment through the payroll system. Agencies must follow guidelines established by the Division of Administration for transferring the funds received at the gaining agency back to the losing agency;

2. employee transferring from an ISIS HR paid agency to an ISIS HR non-paid agency, employee transferring from an ISIS HR non-paid agency to an ISIS HR paid agency, or employee transferring between two ISIS HR non-paid agencies:

a. the losing and gaining agencies must work together to determine a reasonable solution for recouping the overpayment from the employee and for transferring funds received at the gaining agency back to the losing agency.

B. If a payment plan is established in the payroll system of the gaining agency, the amount to be recouped in a one-time payment or in recurring payments cannot bring the employee's biweekly gross hourly wage amount below the federal minimum wage. If the employee agrees to have a larger amount withheld, the agency must obtain written approval from the employee.

La. Admin. Code tit. 4, § III-709

Promulgated by the Office of the Governor, Division of Administration, Office of State Uniform Payroll, LR 31:645 (March 2005).

AUTHORITY NOTE: Promulgated in accordance with R.S. 42:460.