§ 874. Recovery and recoupment of compensation
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 43 P.S. LaborEffective: October 23, 2013
Effective: October 23, 2013
43 P.S. § 874
§ 874. Recovery and recoupment of compensation
(a) Any person who by reason of his fault has received any sum as compensation under this act to which he was not entitled, shall be liable to repay to the Unemployment Compensation Fund to the credit of the Compensation Account a sum equal to the amount so received by him and interest at the rate determined by the Secretary of Revenue as provided by section 806 of the act of April 9, 1929 (P.L. 343, No. 176),1 known as “The Fiscal Code,” per month or fraction of a month from fifteen (15) days after the Notice of Overpayment was issued until paid. Such sum shall be collectible (1) in the manner provided in section 308.1 or section 309 of this act,2 for the collection of past due contributions, or (2) by deduction from any future compensation payable to the claimant under this act: Provided, That interest assessed under this section cannot be recouped by deduction from any future compensation payable to the claimant under this act: Provided further, That no administrative or legal proceedings for the collection of such sum shall be instituted after the expiration of ten years following the end of the benefit year with respect to which such sum was paid.
(b)(1) Any person who other than by reason of his fault has received with respect to a benefit year any sum as compensation under this act to which he was not entitled shall not be liable to repay such sum but shall be liable to have such sum deducted from any future compensation payable to him with respect to such benefit year, or the three-year period immediately following such benefit year, in accordance with the provisions of this paragraph.
(i) With respect to overpayments of one hundred dollars or more, recoupment from such future compensation shall not exceed one-third of the maximum benefit amount to which such person is entitled during any such subsequent benefit year nor one-third of the weekly benefit amount to which such person may be entitled for any particular week.
(ii) If an overpayment is established under this paragraph, an employer is assigned charges for the overpayment under section 302(a)(2) of this act3 and the determination assigning charges to the employer is final, an amount equal to the amount charged to the employer shall be applied as a credit toward the person's overpayment. The provisions of this subparagraph shall not apply to an overpayment to which subparagraph (iii) applies.
(A) a subsequent reversal of two decisions of eligibility under the provisions of section five hundred one (e) of this act;4
(2) The claimant and other affected parties shall be notified in writing of the department's determination to deduct any sum from future compensation under this section, and such determination shall be subject to appeal in the manner provided in this act for appeals from determinations of compensation.
(3) Notwithstanding any other provisions of this subsection, any person who has received or employer who has made a back wage payment pursuant to an award of a labor relations board arbitrator or the like without deduction for unemployment compensation benefits received during the period to which such wages are allocated shall notify the department immediately of the receipt or payment of such back wage award. The recipient of such back wage award, made without deduction for unemployment compensation benefits received during the period, shall be liable to pay into the Unemployment Compensation Fund an amount equal to the amount of such unemployment compensation benefits received.
(c) Any person who provides to the department a check which is dishonored shall be charged a penalty of one hundred per centum (100%) of the face value of the check, up to a maximum of one hundred dollars ($100) with a minimum of ten dollars ($10) per occurrence for all dishonored checks or such other amounts as shall be determined by the secretary and published in the Pennsylvania Bulletin as a notice under 45 Pa.C.S. § 725(a)(3) (relating to additional contents of Pennsylvania Bulletin).
Credits
1936, Second Ex.Sess., Dec. 5, P.L. (1937) 2897, Art. VIII, § 804. Amended 1942, Ex.Sess., April 23, P.L. 60, No. 23, § 5; 1943, May 27, P.L. 717, No. 312, § 3; 1949, May 23, P.L. 1738, No. 530, § 16; 1951, Sept. 29, P.L. 1580, No. 408, § 21; 1953, Aug. 24, P.L. 1397, No. 396, § 5; 1955, March 30, P.L. 6, No. 5, § 9; 1964, Special Sess., June 22, P.L. 112, No. 7, § 22; 1974, Dec. 5, P.L. 771, No. 262, § 11, imd. effective; 1980, July 10, P.L. 521, No. 108, § 21, imd. effective; 1983, July 21, P.L. 68, No. 30, § 28, imd. effective; 1988, Oct. 19, P.L. 818, No. 109, § 6, imd. effective; 2012, June 12, P.L. 577, No. 60, § 16, imd. effective; 2013, Oct. 23, P.L. 637, No. 75, § 4.1, imd. effective.
43 P.S. § 874, PA ST 43 P.S. § 874
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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