23-787. Repayment of and deductions for
benefits obtained by claimants not entitled to benefits;
collection
A. A person who receives any amount as benefits under this chapter to which the
person is not entitled is liable to repay the overpaid amount to the department. The
department may deduct all or a portion of the overpayment from future benefits payable to
the person under this chapter.
B. If benefits to which a person is not entitled are received by reason of fraud as
determined by the department, the person is not eligible to receive any benefits under
this chapter until the total amount of the overpayment has been recovered or otherwise
satisfied in compliance with a civil judgment.
C. If benefits to which a person is not entitled are received without any fault on
the person's part and if repayment or deduction from future benefits would be against
equity and good conscience, the department may waive all or a portion of the amount
overpaid.
D. If benefits to which a person is not entitled are received without any fault on
the person's part, deductions made by the department pursuant to subsection A from
benefits payable to an individual for any week shall not exceed twenty-five per cent of
the individual's weekly benefit amount unless required by federal law, except that the
amount recouped from benefits payable may be fifty per cent of the weekly benefit amount
if the individual has previously received benefits but has not received benefits for at
least twelve consecutive months prior to the most recent receipt of benefits and there
has been no reasonable attempt to repay the indebtedness during that period. The fifty
per cent recoupment rate may not be put in effect prior to one year after the
establishment of the overpayment.
E. The department shall adopt rules to implement the provisions of subsection D.
F. The attorney general or the appropriate county attorney may institute
appropriate court proceedings to recover in the name of the department any amount for
which a person is liable to the department.
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