Or. Admin. Code § 471-070-1510

Current through Register Vol. 63, No. 12, December 1, 2024

Section 471-070-1510 - Benefits: Repayment of Overpaid Benefits; Interest

(1) The director may issue an assessment to a claimant for an overpayment each time a claimant receives Paid Family and Medical Leave Insurance (PFMLI) benefits to which the claimant was not entitled.

(2) If the director determines that a claimant has received benefits to which the claimant was not entitled:

(a) The claimant may be required to repay the amount of benefits that the claimant was overpaid;

(b) The claimant may be required to repay the amount of penalty and interest (if applicable);

(c) The director may secure the repayment of the overpaid benefits through the deduction from future benefits otherwise payable to the claimant under ORS 657B.100; and

(d) The director may secure the repayment of the overpaid benefits through the offset against any state tax refund owed to the claimant.

(3)

(a) If the department determines that a claimant is at fault for an overpayment, due to the claimant's error, false statement, or failure to report a material fact, then the claimant may be liable for interest on the overpayment amount. Interest that the claimant is liable for shall be paid and collected at the same time repayment of benefits is made by the individual, at the rate of one percent per month or fraction of a month. Interest will accrue, beginning on the first day of the month that begins 60 calendar days after the administrative decision establishing the overpayment becomes final.

(b) If the department determines that a claimant is not at fault for an overpayment, then the claimant shall not be liable for interest on the amount to be repaid as a result of the overpayment.

(4) If the director deducts the claimant's future weekly benefits under section (2)(b) of this rule, the deduction shall be from the claimant's future weekly benefits up to the amount of the prior overpayment, penalty, and interest (if applicable). The deduction will begin with the first benefit payment issued after the department's decision regarding the overpayment becomes final.

(5) If there are multiple benefit overpayments, the deduction described in section (4) of this rule will apply to the oldest unwarranted debt first. Once all unwarranted debt is paid, the deduction will apply to the most recent warranted debt.

(6) Deductions from PFMLI benefits under section (2)(b) of this rule shall be applied solely to the amount of overpaid benefits for which the claimant is liable.

(7) Deductions for the repayment of benefits paid erroneously may be deducted from benefits due to the claimant with no time limitations.

Or. Admin. Code § 471-070-1510

ED 13-2022, adopt filed 11/04/2022, effective 11/4/2022; ED 5-2023, amend filed 07/31/2023, effective 8/1/2023; ED 5-2024, amend filed 07/30/2024, effective 8/1/2024

Statutory/Other Authority: ORS 657B.332 & 657B.340

Statutes/Other Implemented: ORS 657B.332, ORS 293.250 & 657B.338