§ 22-4-11-1.5 — Experience account not relieved of erroneous payments if employer establishes pattern of failure to respond to department information requests

Indiana § 22-4-11-1.5

• Jurisdiction: Indiana
• Art. 4: UNEMPLOYMENT COMPENSATION SYSTEM
• Ch. 11: Employer Experience Accounts

Text

5. (a) As used in this section, "erroneous
payment" means a payment that would not have been made but for the
failure by an employer or a person acting on behalf of the employer
with respect to a claim for unemployment benefits to which the
payment relates.
(b) As used in this section, "pattern of failure" means a repeated and
documented failure by an employer or a person acting on behalf of an
employer to respond to requests for information made by the
department, taking into consideration the number of failures in relation
to the total number of requests received by the employer or the person
acting on behalf of an employer.
(c) The experience account of an employer may not be relieved of
charges for a benefit overpayment from the state's unemployment
insurance benefit fund established by IC 22-4-26-1, if the department
determines that:
(1) the erroneous payment was made because the employer or a
person acting on behalf of the employer was at fault in failing to
respond in a timely or adequate manner to the department's
request for information relating to the claim for unemployment
benefits; and
(2) the employer or a person acting on behalf of the employer has
established a pattern of failure to respond in a timely or adequate
manner to department requests described in subdivision (1).

Legislative History

As added by P.L.154-2013, SEC.2. Amended by P.L.122-2019, SEC.24.