§ 60.2-633. Receiving benefits to which not entitled.
A. Any person who has received any sum as benefits under this title to whichhe was not entitled shall be liable to repay such sum to the Commission. Inthe event the claimant does not refund the overpayment, the Commission shalldeduct from any future benefits such sum payable to him under this titleunless overpayment occurred due to administrative error, in which case theCommission shall have the authority to negotiate the terms of repayment,which shall include (i) deducting up to 50 percent of the payable amount forany future week of benefits claimed, rounded down to the next lowest dollaruntil the overpayment is satisfied; (ii) foregoing collection of the payableamount until the recipient has found employment as defined in § 60.2-212; or(iii) determining and instituting an individualized repayment plan. TheCommission shall collect an overpayment caused by administrative error onlyby offset against future benefits or a negotiated repayment plan; however,the Commission may institute any other method of collection if the individualfails to enter into or comply with the terms of the repayment plan.Administrative error shall not include decisions reversed in the appealsprocess. In addition, the overpayment may be collectible by civil action inthe name of the Commission. Amounts collected in this manner may be subjectto an interest charge as prescribed in § 58.1-15 from the date of judgmentand may be subject to fees and costs. Collection activities for any benefitoverpayment established of five dollars or less may be suspended. TheCommission may, for good cause, determine as uncollectible and discharge fromits records any benefit overpayment which remains unpaid after the expirationof seven years from the date such overpayment was determined, or immediatelyupon the death of such person or upon his discharge in bankruptcy occurringsubsequently to the determination of overpayment. Any existing overpaymentbalance not equal to an even dollar amount shall be rounded to the nextlowest even dollar amount.
B. The Commission is authorized to accept repayment of benefit overpaymentsby use of a credit card. The Virginia Employment Commission shall add to suchpayment a service charge for the acceptance of such card. Such service chargeshall not exceed the percentage charged to the Virginia Employment Commissionfor use of such card.
C. Final orders of the Commission with respect to benefit overpayments may berecorded, enforced and satisfied as orders or decrees of a circuit court uponcertification of such orders by the Commissioner as may be appropriate.
(Code 1950, § 60-115; 1962, c. 138; 1968, c. 738, § 60.1-132; 1974, c. 466;1979, c. 675; 1980, c. 751; 1981, c. 251; 1984, c. 458; 1985, c. 151; 1986,c. 480; 1988, c. 544; 1990, c. 687; 1996, c. 95; 2008, c. 492; 2010, c. 327.)
§ 60.2-633. Receiving benefits to which not entitled.
A. Any person who has received any sum as benefits under this title to whichhe was not entitled shall be liable to repay such sum to the Commission. Inthe event the claimant does not refund the overpayment, the Commission shalldeduct from any future benefits such sum payable to him under this titleunless overpayment occurred due to administrative error, in which case theCommission shall have the authority to negotiate the terms of repayment,which shall include (i) deducting up to 50 percent of the payable amount forany future week of benefits claimed, rounded down to the next lowest dollaruntil the overpayment is satisfied; (ii) foregoing collection of the payableamount until the recipient has found employment as defined in § 60.2-212; or(iii) determining and instituting an individualized repayment plan. TheCommission shall collect an overpayment caused by administrative error onlyby offset against future benefits or a negotiated repayment plan; however,the Commission may institute any other method of collection if the individualfails to enter into or comply with the terms of the repayment plan.Administrative error shall not include decisions reversed in the appealsprocess. In addition, the overpayment may be collectible by civil action inthe name of the Commission. Amounts collected in this manner may be subjectto an interest charge as prescribed in § 58.1-15 from the date of judgmentand may be subject to fees and costs. Collection activities for any benefitoverpayment established of five dollars or less may be suspended. TheCommission may, for good cause, determine as uncollectible and discharge fromits records any benefit overpayment which remains unpaid after the expirationof seven years from the date such overpayment was determined, or immediatelyupon the death of such person or upon his discharge in bankruptcy occurringsubsequently to the determination of overpayment. Any existing overpaymentbalance not equal to an even dollar amount shall be rounded to the nextlowest even dollar amount.
B. The Commission is authorized to accept repayment of benefit overpaymentsby use of a credit card. The Virginia Employment Commission shall add to suchpayment a service charge for the acceptance of such card. Such service chargeshall not exceed the percentage charged to the Virginia Employment Commissionfor use of such card.
C. Final orders of the Commission with respect to benefit overpayments may berecorded, enforced and satisfied as orders or decrees of a circuit court uponcertification of such orders by the Commissioner as may be appropriate.
(Code 1950, § 60-115; 1962, c. 138; 1968, c. 738, § 60.1-132; 1974, c. 466;1979, c. 675; 1980, c. 751; 1981, c. 251; 1984, c. 458; 1985, c. 151; 1986,c. 480; 1988, c. 544; 1990, c. 687; 1996, c. 95; 2008, c. 492; 2010, c. 327.)
§ 60.2-633. Receiving benefits to which not entitled.
A. Any person who has received any sum as benefits under this title to whichhe was not entitled shall be liable to repay such sum to the Commission. Inthe event the claimant does not refund the overpayment, the Commission shalldeduct from any future benefits such sum payable to him under this titleunless overpayment occurred due to administrative error, in which case theCommission shall have the authority to negotiate the terms of repayment,which shall include (i) deducting up to 50 percent of the payable amount forany future week of benefits claimed, rounded down to the next lowest dollaruntil the overpayment is satisfied; (ii) foregoing collection of the payableamount until the recipient has found employment as defined in § 60.2-212; or(iii) determining and instituting an individualized repayment plan. TheCommission shall collect an overpayment caused by administrative error onlyby offset against future benefits or a negotiated repayment plan; however,the Commission may institute any other method of collection if the individualfails to enter into or comply with the terms of the repayment plan.Administrative error shall not include decisions reversed in the appealsprocess. In addition, the overpayment may be collectible by civil action inthe name of the Commission. Amounts collected in this manner may be subjectto an interest charge as prescribed in § 58.1-15 from the date of judgmentand may be subject to fees and costs. Collection activities for any benefitoverpayment established of five dollars or less may be suspended. TheCommission may, for good cause, determine as uncollectible and discharge fromits records any benefit overpayment which remains unpaid after the expirationof seven years from the date such overpayment was determined, or immediatelyupon the death of such person or upon his discharge in bankruptcy occurringsubsequently to the determination of overpayment. Any existing overpaymentbalance not equal to an even dollar amount shall be rounded to the nextlowest even dollar amount.
B. The Commission is authorized to accept repayment of benefit overpaymentsby use of a credit card. The Virginia Employment Commission shall add to suchpayment a service charge for the acceptance of such card. Such service chargeshall not exceed the percentage charged to the Virginia Employment Commissionfor use of such card.
C. Final orders of the Commission with respect to benefit overpayments may berecorded, enforced and satisfied as orders or decrees of a circuit court uponcertification of such orders by the Commissioner as may be appropriate.
(Code 1950, § 60-115; 1962, c. 138; 1968, c. 738, § 60.1-132; 1974, c. 466;1979, c. 675; 1980, c. 751; 1981, c. 251; 1984, c. 458; 1985, c. 151; 1986,c. 480; 1988, c. 544; 1990, c. 687; 1996, c. 95; 2008, c. 492; 2010, c. 327.)
