§ 22-4-13-1.1 — Forfeiture of benefits or wage credits; civil penalties

Indiana § 22-4-13-1.1

• Jurisdiction: Indiana
• Art. 4: UNEMPLOYMENT COMPENSATION SYSTEM
• Ch. 13: Improper Payments

Text

1. (a) Notwithstanding any other provisions
of this article, if an individual knowingly:
(1) fails to disclose amounts earned during any week in the
individual's waiting period, benefit period, or extended benefit
period;
(2) fails, or causes another to fail, to disclose a material fact; or
(3) falsifies, or causes another to falsify, a material fact;
that would disqualify the individual for benefits, reduce the individual's
benefits, or render the individual ineligible for benefits or extended
benefits, the individual forfeits any wage credits earned, regardless of
whether benefits were paid, and any benefits or extended benefits that
might otherwise be payable to the individual for any week in which the
failure to disclose or falsification occurred.
(b) In addition to the wage credits and amounts forfeited under
subsection (a), an individual is subject to the following civil penalties
for each instance in which the individual knowingly fails to disclose or
falsifies any fact that if accurately reported to the department would
disqualify the individual for benefits, reduce the individual's benefits,
or render the individual ineligible for benefits or extended benefits:
(1) For the first instance, an amount equal to twenty-five percent
(25%) of the benefit overpayment.
(2) For the second instance, an amount equal to fifty percent
(50%) of the benefit overpayment.
(3) For the third and each subsequent instance, an amount equal
to one hundred percent (100%) of the benefit overpayment.
(c) The department's determination under this section constitutes an
initial determination under IC 22-4-17-2(a) and is subject to a hearing
and review under IC 22-4-17-3 through IC 22-4-17-15.
(d) Interest and civil penalties collected under this chapter shall be
deposited as follows:
(1) Fifteen percent (15%) of the amount collected shall be
deposited in the unemployment insurance benefit fund established
under IC 22-4-26-1.
(2) The remainder of the amount collected shall be deposited in
the special employment and training services fund established
under IC 22-4-25-1.

Legislative History

As added by P.L.108-2006, SEC.24. Amended by P.L.175-2009, SEC.18; P.L.154-2013, SEC.5; P.L.121-2014, SEC.11; P.L.34-2021, SEC.2.