State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter48 > 48-647

48-647. Benefits; assignmentsvoid; exemption from legal process; exception; child support obligations; Supplemental NutritionAssistance Program benefits overissuance; disclosure required;collection.(1) Any assignment, pledge, or encumbranceof any right to benefits which are or may become due or payable under sections 48-623 to 48-626 shall be void except as set forth in this section. Such rightsto benefits shall be exempt from levy, execution, attachment, or any otherremedy whatsoever provided for the collection of debt. Benefits received byany individual, so long as they are not mingled with other funds of the recipient,shall be exempt from any remedy whatsoever for the collection of all debtsexcept debts incurred for necessaries furnished to such individual or hisor her spouse or dependents during the time when such individual was unemployed.Any waiver of any exemption provided for in this section shall be void. Anyassignment, pledge, or encumbrance of any right or claim to contributionsor to any money credited to any employer's reserve account in the UnemploymentCompensation Fund shall be void, and the same shall be exempt from levy, execution,attachment, or any other remedy whatsoever provided for the collection ofdebt, and any waiver of any exemption provided for in this section shall bevoid.(2)(a) An individual filing a new claim for unemployment compensationshall, at the time of filing such claim, disclose whether or not he or sheowes child support obligations as defined under subdivision (h) of this subsection.If such individual discloses that he or she owes child support obligationsand is determined to be eligible for unemployment compensation, the commissionershall notify the Department of Health and Human Services that the individualhas been determined to be eligible for unemployment compensation.(b) The commissioner shall deduct and withhold from any unemploymentcompensation otherwise payable to an individual disclosing child support obligations:(i) The amount specified by the individual to the commissionerto be deducted under this subsection, if neither subdivision (ii) nor (iii)of this subdivision is applicable;(ii) The amount, if any, determined pursuant to an agreementbetween the Department of Health and Human Services and such individual owingthe child support obligations to have a specified amount withheld and suchagreement being submitted to the commissioner, unless subdivision (iii) ofthis subdivision is applicable; or(iii) The amount otherwise required to be so deducted andwithheld from such unemployment compensation pursuant to legal process, asthat term is defined in subdivision (2)(i) of this section, properly servedupon the commissioner.(c) Any amount deducted and withheld under subdivision (b)of this subsection shall be paid by the commissioner to the Department ofHealth and Human Services.(d) Any amount deducted and withheld under subdivision (b)or (g) of this subsection shall for all purposes be treated as if it werepaid to the individual as unemployment compensation and paid by such individualto the Department of Health and Human Services in satisfaction of his or herchild support obligations.(e) For purposes of subdivisions (a) through (d) and (g) ofthis subsection, the term unemployment compensation shall mean any compensationpayable under the Employment Security Law and including amounts payable bythe commissioner pursuant to an agreement by any federal law providing forcompensation, assistance, or allowances with respect to unemployment.(f) This subsection shall apply only if appropriate arrangementshave been made for reimbursement by the Department of Health and Human Servicesfor the administrative costs incurred by the commissioner under this sectionwhich are attributable to child support obligations being enforced by thedepartment.(g) The Department of Health and Human Services and the commissionershall develop and implement a collection system to carry out the intent ofthis subdivision. The collection system shall, at a minimum, provide that:(i) The commissioner shall periodically notify the Departmentof Health and Human Services of the information listed in section 43-1719with respect to individuals determined to be eligible for unemployment compensationduring such period;(ii) Unless the county attorney, the authorized attorney,or the Department of Health and Human Services has sent a notice on the samesupport order under section 43-1720, upon the notification required by subdivision(2)(g)(i) of this section, the Department of Health and Human Services shallsend notice to any such individual who owes child support obligations andwho is subject to income withholding pursuant to subdivision (2)(a), (2)(b)(ii),or (2)(b)(iii) of section 43-1718.01. The notice shall be sent by certifiedmail to the last-known address of the individual and shall state the sameinformation as required under section 43-1720;(iii)(A) If the support obligation is not based on a foreignsupport order entered pursuant to section 43-1729 and the individual requestsa hearing, the Department of Health and Human Services shall hold a hearingwithin fifteen days of the date of receipt of the request. The hearing shallbe in accordance with the Administrative Procedure Act. The assignment shallbe held in abeyance pending the outcome of the hearing. The department shallnotify the individual and the commissioner of its decision within fifteendays of the date the hearing is held; and(B) If the support obligation is based on a foreign supportorder entered pursuant to section 43-1729 and the individual requests a hearing,the county attorney or authorized attorney shall apply the procedures describedin sections 43-1732 to 43-1742;(iv)(A) If no hearing is requested by the individual underthis subsection or pursuant to a notice sent under section 43-1720, (B) ifafter a hearing under this subsection or section 43-1721 the Department ofHealth and Human Services determines that the assignment should go into effect,(C) in cases in which the court has ordered income withholding for child supportpursuant to subsection (1) of section 43-1718.01, or (D) in cases in whichthe court has ordered income withholding for child support pursuant to section 43-1718.02 and the case subsequently becomes one in which child support collectionservices are being provided under Title IV-D of the federal Social SecurityAct, as amended, the Department of Health and Human Services shall certifyto the commissioner the amount to be withheld for child support obligationsfrom the individual's unemployment compensation. Such amount shall not inany case exceed the maximum amount permitted to be withheld under section303(b) of the federal Consumer Credit Protection Act, 15 U.S.C. 1673(b)(2)(A)and (B), and the amount withheld to satisfy an arrearage of child supportwhen added to the amount withheld to pay current support shall not exceedsuch maximum amount;(v) The collection system shall comply with the requirementsof Title III and Title IV-D of the federal Social Security Act, as amended;(vi) The collection system shall be in addition to and notin substitution for or derogation of any other available remedy; and(vii) The Department of Health and Human Services and thecommissioner shall adopt and promulgate rules and regulations to carry outsubdivision (2)(g) of this section.(h) For purposes of this subsection, the term child supportobligations shall include only obligations which are being enforced pursuantto a plan described in section 454 of the federal Social Security Act whichhas been approved by the Secretary of Health and Human Services under PartD of Title IV of the federal Social Security Act.(i) For purposes of this subsection, the term legal processshall mean any writ, order, summons, or other similar process in the natureof garnishment, which:(i) Is issued by a court of competent jurisdiction of anystate, territory, or possession of the United States or an authorized officialpursuant to order of such a court of competent jurisdiction or pursuant tostate law. For purposes of this subdivision, the chief executive officer ofthe Department of Health and Human Services shall be deemed an authorizedofficial pursuant to order of a court of competent jurisdiction or pursuantto state law; and(ii) Is directed to, and the purpose of which is to compel,the commissioner to make a payment for unemployment compensation otherwisepayable to an individual in order to satisfy a legal obligation of such individualto provide child support.(j) Nothing in this subsection shall be construed to authorizewithholding from unemployment compensation of any support obligation otherthan child support obligations.(3)(a) An individual filing a new claim for unemployment compensationshall, at the time of filing such claim, disclose whether or not he or sheowes an uncollected overissuance, as defined in 7U.S.C. 2022(c)(1) as such section existed on January 1, 2009, of SupplementalNutrition Assistance Program benefits, if not otherwise knownor disclosed to the state SupplementalNutrition Assistance Program agency. The commissioner shall notifythe state Supplemental Nutrition Assistance Program agencyenforcing such obligation of any individual disclosing that he or she owesan uncollected overissuance whom the commissioner determines is eligible forunemployment compensation.(b) The commissioner shall deduct and withhold from any unemploymentcompensation payable to an individual who owes an uncollected overissuance(i) the amount specified by the individual to the commissioner to be deductedand withheld under this subsection, (ii) the amount, if any, determined pursuantto an agreement submitted to the state SupplementalNutrition Assistance Program agency under 7 U.S.C. 2022(c)(3)(A) as such sectionexisted on January 1, 2009, or (iii) any amount otherwise requiredto be deducted and withheld from unemployment compensation pursuant to 7 U.S.C. 2022(c)(3)(B) as such sectionexisted on January 1, 2009.(c) Any amount deducted and withheld under this subsectionshall be paid by the commissioner to the state SupplementalNutrition Assistance Program agency.(d) Any amount deducted and withheld under subdivision (b)of this subsection shall be treated for all purposes as if it were paid tothe individual as unemployment compensation and paid by such individual tothe state Supplemental Nutrition Assistance Program agencyas repayment of the individual's uncollected overissuance.(e) For purposes of this subsection, unemployment compensationmeans any compensation payable under the Employment Security Law, includingamounts payable by the commissioner pursuant to an agreement under any federallaw providing for compensation, assistance, or allowances with respect tounemployment.(f) This subsection applies only if arrangements have beenmade for reimbursement by the state SupplementalNutrition Assistance Program agency for the administrative costsincurred by the commissioner under this subsection which are attributableto the repayment of uncollected overissuances to the state SupplementalNutrition Assistance Program agency. SourceLaws 1937, c. 108, § 15, p. 400; C.S.Supp.,1941, § 48-714; R.S.1943, § 48-647; Laws 1982, LB 801, § 5; Laws 1985, LB 339, § 32; Laws 1985, Second Spec. Sess., LB 7, § 76; Laws 1990, LB 974, § 1; Laws 1993, LB 523, § 26; Laws 1994, LB 1224, § 81; Laws 1995, LB 240, § 3; Laws 1996, LB 1044, § 275; Laws 1996, LB 1155, § 21; Laws 1997, LB 307, § 106; Laws 1997, LB 864, § 5; Laws 1998, LB 1073, § 56; Laws 2007, LB296, § 217; Laws 2009, LB288, § 15. Cross ReferencesAdministrative Procedure Act, see section 84-920.