§ 28-42-68. Recovery of erroneously paid benefits.
(a) Any individual who, by reason of a mistake or misrepresentation made by himself, herself,
or another, has received any sum as benefits under chapters 42 — 44 of this title,
in any week in which any condition for the receipt of the benefits imposed by those
chapters was not fulfilled by him or her, or with respect to any week in which he
or she was disqualified from receiving those benefits, shall in the discretion of
the director be liable to have that sum deducted from any future benefits payable
to him or her under those chapters, or shall be liable to repay to the director for
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§ 28-42-68. Recovery of erroneously paid benefits.
(a) Any individual who, by reason of a mistake or misrepresentation made by himself, herself,
or another, has received any sum as benefits under chapters 42 — 44 of this title,
in any week in which any condition for the receipt of the benefits imposed by those
chapters was not fulfilled by him or her, or with respect to any week in which he
or she was disqualified from receiving those benefits, shall in the discretion of
the director be liable to have that sum deducted from any future benefits payable
to him or her under those chapters, or shall be liable to repay to the director for
the employment security fund a sum equal to the amount so received, plus, if the benefits
were received as a result of misrepresentation or fraud by the recipient, interest
on the benefits at the rate set forth in § 28-43-15. That sum shall be collectible in the manner provided in § 28-43-18 for the collection of past due contributions. All interest received pursuant to this
subsection shall be credited to the employment security interest fund created by § 28-42-75.
(b) The department, by agreement with another state or the United States, as required
by 42 U.S.C. § 503(g), may recover any overpayment of benefits paid to any individual under the laws of
this state or of another state or under an unemployment benefit program of the United
States. Any overpayments subject to this subsection may be deducted from any future
benefits payable to the individual under the laws of this state or of another state
or under an unemployment program of the United States.
(c) Beginning October 1, 2013, whenever the director establishes that an erroneous payment
was made to an individual due to fraud committed by the individual, that individual
will be assessed a penalty equal to fifteen percent (15%) of the amount of the erroneous
payment. All penalties assessed and collected under this subsection shall be immediately
deposited into the employment security fund.
(d) There shall be no recovery of payments from any person who, in the judgment of the
director, is without fault on his or her part and where, in the judgment of the director,
that recovery would defeat the purpose of chapters 42 — 44 of this title.
G.L. 1938, ch. 284, § 15; P.L. 1939, ch. 670, § 12; P.L. 1949, ch. 2175, § 1; impl. am. P.L. 1953, ch. 3206, § 1; G.L. 1956, § 28-42-68; P.L. 1991, ch. 104, § 1; P.L. 1995, ch. 226, § 1; P.L. 2013, ch. 120, § 1; P.L. 2013, ch. 130, § 1.