La. Admin. Code tit. 40 § IV-371

Current through Register Vol. 50, No. 8, August 20, 2024
Section IV-371 - Overpayment Recovery
A. This Rule prescribes an acceptable repayment schedule for the purpose of collecting overpaid benefits pursuant to R.S. 23:1713.
1. The amount of overpayment is immediately due and payable on demand upon exhaustion of the right to appeal:
a. a determination of overpayment; and/or
b. a denial of waiver of overpayment.
2. If an individual is unable to immediately repay the overpayment in full upon demand, a repayment agreement in writing will be negotiated in compliance with the repayment table for overpayments listed below.

Repayment Tables Total for Overpayments

Total Overpayment Amount is: At Least

But Less Than:

Number of Months to Repay

Minimum

Monthly Payment

$1

$500

12

$42

$501

$1,000

12

$84

$1,001

$1,500

18

$84

$1,501

$2,000

18

$112

$2,001

$2,500

24

$105

$2,501

$3,000

24

$125

$3,001

$3,500

30

$117

$3,501

$4,000

30

$134

$4,001

$4,500

36

$125

$4,501

$5,000

36

$139

$5,001

$5,500

42

$131

$5,501

$6,000

42

$143

$6,001

$6,500

48

$136

$6,501

$7,000

48

$146

$7,001

$7,500

54

$139

$7,501

$8,000

54

$149

$8,001

$8,500

60

$142

$8,501

$9,000 or greater

60

$150

B. The initial payment and signed repayment agreement must be received within 30 days from the day that the repayment agreement is mailed to the individual's last known address. Subsequent payments are to be paid in monthly installments which commence no later than 30 days after the initial payment is received, and are due thereafter each month until paid in full.
C. An adjustment of the repayment schedule may be granted at the written request of the claimant only if there has been material change in his or her financial condition.
D. Requests to adjust the repayment schedule will only be granted if warranted by the criteria set forth in §369 C, waiver of overpayment recovery, equity and good conscience determination.

La. Admin. Code tit. 40, § IV-371

Promulgated by the Department of Labor, Office of Employment Security, LR 15:1085 (December 1989), repromulgated LR 17:48 (January 1991), amended by the Workforce Commission, Office of Unemployment Insurance, LR 39:2316 (August 2013), amended by the Workforce Commission, Office of Unemployment Insurance Administration, LR 40:1118 (June 2014).
AUTHORITY NOTE: Promulgated in accordance with R.S. 23:1471-1713.