12 CRR-NY 470.5NY-CRR

OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 12. DEPARTMENT OF LABOR
CHAPTER VII. DIVISION OF UNEMPLOYMENT INSURANCE
SUBCHAPTER B. UNEMPLOYMENT INSURANCE
ARTICLE 1. REGULATIONS OF THE INDUSTRIAL COMMISSIONER
PART 470. GENERAL PROVISIONS
12 CRR-NY 470.5
12 CRR-NY 470.5
470.5 Setoff against unemployment insurance benefits.
Established and outstanding overpaid unemployment insurance benefits shall be collected from a claimant's weekly benefit award as a setoff.
(a) Priority of liquidation.
In the event that more than one overpayment is established against an individual claimant, setoff amounts will be debited to such overpayments in chronological order.
(b) Willful overpayment.
A setoff of 100 percent of the weekly benefit amount will apply to one or more established and outstanding overpayments attributable to an individual claimant so long as at least one of such overpayments is determined to have been willful.
(c) Non-willful overpayment.
A setoff of 20 percent of the weekly benefit amount will apply to one or more established and outstanding overpayments attributable to an individual claimant so long as none of such overpayments are determined to have been willful.
12 CRR-NY 470.5
Current through March 31, 2021
End of Document