Section 31-273-6 - Administrative penalty for overpayments established prior to October 1, 2013(a) Whenever the Administrator determines, prior to October 1, 2013, pursuant to Section 31-273-5(e) of the Regulations of Connecticut State Agencies, that any individual has himself or herself or through the agency of another made a claim for benefits and knowingly made a false statement or representation or knowingly failed to disclose a material fact in order to obtain benefits or to increase the amount of benefits to which such individual may be entitled, such individual shall forfeit benefits for not less than one nor more than thirty-nine compensable weeks following determination of such offense or offenses, during which weeks the individual would otherwise have been eligible to receive benefits. For the purposes of Section 31-231b of the Connecticut General Statutes, such person shall be deemed to have received benefits for such forfeited weeks.(b) Except as provided in subsections (d) and (e) of this section, the number of weeks of benefits to be forfeited shall be the lesser of:(1) the number of weeks of benefits fraudulently claimed multiplied by one, up to a maximum of thirty-nine; or(2) that number of weeks which corresponds to the total dollar amount fraudulently claimed on the Administrative Penalty Table in subsection (c) of this section.(c) The Administrator shall apply the following Administrative Penalty Table in determining the number of penalty weeks to be forfeited, pursuant to subsection (b) of this section: Dollars | Number of | Dollars | Number of |
Overpaid | Weeks Forfeited | Overpaid | Weeks Forfeited |
1 - 499 | 1 | 10,000 - 10,499 | 21 |
500 - 999 | 2 | 10,500 - 10,999 | 22 |
1,000 - 1,499 | 3 | 11,000 - 11,499 | 23 |
1,500 - 1,999 | 4 | 11,500 - 11,999 | 24 |
2,000 - 2,499 | 5 | 12,000 - 12,499 | 25 |
2,500 - 2,999 | 6 | 12,500 - 12,999 | 26 |
3,000 - 3,499 | 7 | 13,000 - 13,499 | 27 |
3,500 - 3,999 | 8 | 13,500 - 13,999 | 28 |
4,000 - 4,499 | 9 | 14,000 - 14,999 | 29 |
4,500 - 4,999 | 10 | 14,500 - 14,999 | 30 |
5,000 - 5,499 | 11 | 15,000 - 15,499 | 31 |
5,500 - 5,999 | 12 | 15,000 - 15,999 | 32 |
6,000 - 6,499 | 13 | 16,000 - 16,499 | 33 |
6,500 - 6,999 | 14 | 16,500 - 16,999 | 34 |
7,000 - 7,499 | 15 | 17,000 - 17,499 | 35 |
7,500 - 7,999 | 16 | 17,500 - 17,999 | 36 |
8,000 - 8,499 | 17 | 18,000 - 18,499 | 37 |
8,500 - 8,999 | 18 | 18,500 - 18,999 | 38 |
9,000 - 9,499 | 19 | 19,000 & over | 39 |
9,500 - 9,999 | 20 | | |
(d) Notwithstanding the provisions of subsection (b) of this section, where an individual increases or attempts to increase the dollar amount of a benefit check issued by the Administrator, the Administrator shall impose a penalty of two weeks of forfeited benefits for each check which the individual has increased or attempted to increase.(e) Notwithstanding the provisions of subsection (b) of this section, where an individual's failure to report earnings for a week or weeks in which the individual received benefits has resulted in an administrative determination pursuant to Section 31-273-5(e) of the Regulations of Connecticut State Agencies, and the individual has also been overpaid for a subsequent week or weeks as a result of a retroactive denial of benefits because such individual's separation from such unreported employment was for a disqualifying reason, the Administrator shall impose a penalty of two weeks of forfeited benefits in addition to any penalty imposed as a result of the earnings the individual failed to report, provided the Administrator finds that the individual knowingly failed to disclose such separation for the purpose of obtaining benefits.(f) Where the Administrator has found that an individual has committed an offense, as defined in subsection (i) of this section, and (1) that the individual committed one prior offense, the Administrator shall impose an extra penalty of five forfeited weeks of benefits in addition to any other penalty imposed pursuant to this section; or(2) that the individual has committed two prior offenses, the Administrator shall impose an extra penalty of ten forfeited weeks of benefits, in addition to any other penalty imposed pursuant to this section; or(3) that the individual has committed three prior offenses, the Administrator shall impose a maximum penalty of thirty-nine forfeited weeks of benefits.(g) The Administrator shall not consider any restitution by the individual of benefits overpaid in determining the number of weeks of benefits to be forfeited pursuant to this section.(h) Any penalty imposed pursuant to this section shall remain in full force and effect until such time as said penalty has been satisfied in full, as determined by the Administrator.(i) For the purposes of this section, an offense is a single week or a series of weeks within a given time period with respect to which the Administrator has established that an individual has made a claim for benefits and has, himself or herself or through the agency of another, made a false statement or representation or has knowingly failed to disclose a material fact for the purpose of obtaining benefits or increasing the amount of benefits to which such individual may be entitled.Conn. Agencies Regs. § 31-273-6
Effective March 29, 1988; Amended July 1, 1996; Amended June 12, 2006; Amended May 12, 2014