72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 541
Senate Bill 160
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor Theodore R.
Kulongoski for the Employment Department)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Permits Director of Employment Department to combine decisions
about individual's eligibility for and amount of unemployment
benefits with decision about whether individual has been paid
benefits to which individual is not entitled.
A BILL FOR AN ACT
Relating to Employment Department decisions about unemployment
benefits; creating new provisions; and amending ORS 657.310 and
657.315.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2003 Act is added to and made
a part of ORS chapter 657. + }
SECTION 2. { + The Director of the Employment Department or an
authorized representative designated by the director may combine
a decision under ORS 657.266, 657.267 or 657.268 with a decision
under ORS 657.310 or 657.315. + }
SECTION 3. ORS 657.310 is amended to read:
657.310. (1) { - Any person who makes, or causes to be made,
a false statement or representation of, or fails to disclose, a
material fact, - } { + If the Director of the Employment
Department decides that an individual, regardless of the
individual's knowledge or intent, has made or caused to be made a
false statement or misrepresentation of a material fact, or has
failed to disclose a material fact, + } and as a result thereof
has received any amount as benefits under this chapter to which
the { - person - } { + individual is + } { - was - } not
entitled { + , + } { - shall, irrespective of the knowledge or
intent of the person, if the existence of such nondisclosure or
misrepresentation has been found in connection with a decision
which was made and has become final pursuant to this chapter,
be - } { + the individual is + } liable { + :
(a) + } To repay { - such - } { + the + } amount to the
director { - of the Employment Department - } for the
{ + Unemployment Compensation Trust + } Fund { + ; + } or
{ + (b) + } To have { - such - } { + the + } amount
deducted from any future benefits payable to the { - person - }
{ + individual + } under this chapter.
(2) { - No decision shall be construed to - } { + A
decision of the director under this section does not + }
authorize the recovery of the amount of any benefits paid to
{ - a claimant - } { + an individual:
(a) + } Unless { - such - } { + the + } decision specifies
that the { - claimant - } { + individual + } is liable to
repay the same to the { + Unemployment Compensation Trust + }
Fund by reason of the { + false statement, misrepresentation
or + } nondisclosure { - or misrepresentation - } of a
material fact, the nature of { - such - } { + the false
statement, misrepresentation or + }nondisclosure { - or
misrepresentation - } , and the week or weeks for which
{ - such - } { + the + } benefits were paid { - , nor - }
{ + ; and
(b) + } Until { - such - } { + the + } decision { - has
become - } { + is + } final.
(3) Any amount subject to recovery under this section may be
collected by the director { - of the Employment Department - }
in a civil action against the individual brought in the name of
the director { + . + } { - and - } Judgment rendered shall
bear interest at the rate provided in subsection (4) of this
section. The amount { - subject to repayment - } collected
shall be paid into the Unemployment Compensation Trust Fund.
(4) Interest on any amount liable to be repaid under this
section shall be paid and collected at the same time repayment of
benefits is made by the individual to the Unemployment
Compensation Trust Fund, at the rate of one percent per month
beginning on the first day of the month following 60 days after
the finality of the administrative decision establishing the
overpayment. In computing interest under this subsection, a
fraction of a month { - shall be - } { + is + } counted as a
full month.
(5) { - Offsets - } { + Deductions + } from unemployment
insurance benefits shall be applied solely to the amount of the
benefits liable to be repaid under this section. All other
payments shall be applied first to court costs, then to interest,
then to the amount liable to be repaid.
(6) Interest collected { - pursuant to - } { + under + }
this section shall be paid into the Employment Department Special
Fraud Control Fund in accordance with the provisions of ORS
657.400.
SECTION 4. ORS 657.315 is amended to read:
657.315. (1) If { - it is determined by - } the Director of
the Employment Department { + decides + } that an individual has
been paid benefits to which the individual { - was - }
{ + is + } not entitled because { - : - }
{ - (a) - } of { - any - } { + an + } error not due to
{ - the - } { + a false statement, + } misrepresentation or
nondisclosure of a material fact by the individual { - ; or - }
{ - (b) - } { + , or because + } an initial decision to pay
benefits is subsequently reversed by a decision finding the
individual { - was - } { + is + } not eligible for
{ - such - } { + the + } benefits, { - and the decision
establishing the erroneous payment of benefits has become
final; - } the individual { - shall be - } { + is + } liable
to have a like amount deducted from any benefits otherwise
payable to the individual { - pursuant to - } { + under + }
this chapter { - during the benefit year within which the
unauthorized or improper amount was paid. If the amount paid in
error is not repaid or recovered within the individual's benefit
year as specified above, the amount, or any balance thereof, may
be deducted from benefits otherwise payable to the individual for
any week or weeks within 52 weeks following the week in which the
decision establishing the erroneous payment became final - } .
{ - (2) Amounts paid to an individual in excess of the
maximum benefits allowable pursuant to this chapter may be
recovered in a civil action brought in the name of the director
for such purpose. - }
{ + (2) A decision of the director under this section does
not authorize the recovery of the amount of any benefits paid to
an individual:
(a) Unless the decision specifies that the individual is liable
to have a like amount deducted from any benefits otherwise
payable under this chapter; and
(b) Until the decision is final. + }
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