D.C. Mun. Regs. tit. 7, r. 7-3515

Current through Register Vol. 72, No. 2, January 10, 2025

Rule 7-3515 - REPAYMENT OF PAID-LEAVE BENEFITS

3515.1

In the event of erroneous payment or overpayment, DOES shall seek repayment of benefits from the recipient or the estate of a deceased recipient; provided, that the Director may waive, in whole or in part, the amount of any such payments when the recovery would be against equity and good conscience.

3515.2

DOES shall provide notice in writing to an eligible individual of the requirement to repay erroneous payments or overpayments. The repayment notice shall include the following information:

(a) The amount of paid-leave benefits overpaid to the individual;

(b) The option to enter into a repayment agreement with DOES; and

(c) The collection methods DOES may utilize to seek repayment of paid-leave benefits if the recipient does not enter into a repayment agreement with DOES.

3515.3

DOES shall not attempt to collect repayment of paid-leave benefits during an appeal of a claim determination or while the recipient has a pending bankruptcy case.

3515.4

DOES may utilize the following methods to seek repayment of paid-leave benefits from the recipient:

(a) Accepting full repayment, or monthly installments as outlined in an optional repayment agreement between DOES and the recipient, in the form of personal check, money order, or electronic payment through a debit card, credit card, or personal checking account via the online portal;

(b) Offsetting the balance of erroneous payments from future paid-leave benefit entitlements at a rate of one hundred percent (100%), if:

(1) The recipient is actively collecting paid-leave benefits after the completion of the appeal of a claim determination; and

(2) There is no existing disqualification on the recipient's current paid-leave claim;

(c) Filing a claim in the Superior Court of the District of Columbia; and

(d) Intercepting District income tax refunds to the extent consistent with District law, or of state, federal, and local income tax refunds to the extent consistent with state, federal, or local law.

3515.5

A recipient may request that DOES waive the requirement that a recipient repay paid-leave benefits. The request shall be submitted through the online portal, or through an electronic or non-electronic format approved by DOES, within thirty (30) calendar days after DOES sends a repayment notice to the recipient.

3515.6

If the request for waiver of the paid-leave benefit repayment is not submitted within the thirty (30) calendar-day period, the recipient shall provide good cause for failure to meet the thirty (30) calendar-day requirement before the request can be considered.

3515.7

DOES may refer a repayment matter to the Office of the Attorney General for the District of Columbia or the Office of the Inspector General.

3515.8

(a)

If DOES obtains repayment of benefits from an individual who has made a willful misrepresentation or otherwise perpetrated fraud to obtain paid-leave benefits and who received paid-leave benefits under this chapter for a period during which he or she earned income by performing work as a covered employee for a covered employer, and that covered employer made contributions to the Universal Paid Leave Implementation Fund based on the wages paid to that individual during the period he or she improperly received paid-leave benefits under this chapter, DOES shall distribute a proportional share of the recovered amount to that covered employer.

(b) For the purposes of paragraph (a) of this subsection, a covered employer's proportional share of the recovered amount shall be determined by the following method:

(1) The total amount paid into the Universal Paid Leave Implementation Fund by all covered employers on behalf of the individual during the period that he or she improperly obtained benefits shall be added together;

(2) The amount contributed by the covered employer during the period described in paragraph (a) shall be divided by the total amount calculated in subparagraph (1);

(3) This proportion shall be applied to the amount recovered from the individual;

(4) The resulting amount shall be distributed to the covered employer.

3515.9

DOES may cancel the requirement that a recipient repay a paid-leave repayment balance if:

(a) The recipient is deceased, provided that a death certificate is provided to DOES, and recovery from the recipient's estate would be against equity and good conscience;

(b) The recipient is a victim of identity theft and the claim submitted to DOES was made by an unauthorized person using the identity of the victim; provided, that evidence supporting the occurrence of identity theft, such as a police report or other supporting documentation, is provided to DOES; or

(c) The recipient is a victim of domestic violence in which situation the claimant was forced by an abusive partner or family member to apply for benefits of which the abusive partner retained control; provided, that evidence supporting the occurrence of such a situation of domestic violence, such as a police report or other supporting documentation, is provided to DOES by the eligible individual or an authorized representative.

D.C. Mun. Regs. tit. 7, r. 7-3515

Final Rulemaking published at 67 DCR 4001 (4/10/2020)