§ 27-3-409 — Payment of benefits upon determination; repayment of overpaid benefits; penalty

(a) Benefits shall be paid in accordance with a
determination, redetermination or decision until modified or
reversed by a subsequent or pending redetermination or decision.
A proceeding for judicial review under this article shall not
operate as a supersedeas or stay nor shall the commission or the
court issue an injunction, supersedeas, stay or other writ or
process suspending the payment of benefits. Except as provided
in W.S. 27-3-506(e), if a determination, redetermination or
decision is reversed or modified, an employer's account shall
not be charged for benefits paid under an erroneous
determination and benefits shall be paid or denied in accordance
with the modifying or reversing redetermination or decision.
(b) An individual receiving benefits under this act to
which he is not entitled shall be liable for and repay the
benefit. Repayment of the benefits shall be had by any
combination of recoupment, recovery by civil action, offset
through the treasury offset program of the United States
treasury, 26 U.S.C. Section 6402(f), or voluntary reimbursement
agreement:
(i) The department in its discretion, may recoup the
benefit amount liable to be repaid by offsetting, without civil
action, against future benefits payable to the individual under
this act within five (5) years from the effective date of the
claim resulting in the overpayment if the claim was not
fraudulent. If the claim resulting in the overpayment was
fraudulent, the five (5) year limit on recoupment shall not
apply. The department shall waive recoupment if an individual
is without fault in receiving the benefits and it defeats the
purpose of this act or is against equity and good conscience as
considered by the department in accordance with regulations of
the commission;
(ii) The department may also recover overpaid
benefits from an individual by civil action brought in the name
of the department;
(iii) The department in its discretion, without civil
action, may accept repayment of overpaid benefits by
reimbursement from an individual pursuant to a payment schedule
approved by the department.
(c) The department may recoup or recover overpayment of
benefits to any individual under another state law if a state
certifies to the department the facts involved, the overpaid
individual is liable for repayment of benefits and the state
requests the department to do so. Repayment either by
recoupment or recovery shall be had pursuant to subsection (b)
of this section. Repayment shall be equal to the amount of
overpayment determined by the requesting state.
(d) Any overpayment of benefits fraudulently received
shall be assessed a penalty equal to twenty percent (20%) of the
amount of overpayment and an additional five percent (5%)
penalty on the remaining unpaid balance at the end of every six
(6) months. One-fourth (1/4) of the amounts collected pursuant
to the initial penalty and all of the additional penalties shall
be paid into the employment security revenue account and the
department shall utilize those collected amounts for
administrative costs of overpayment collection, fraud
investigation, developing and providing educational programs for
this act. Three-fourths (3/4) of the amounts collected pursuant
to the initial penalty shall be paid into the unemployment trust
fund account. Offset shall not be used to recover amounts due
under this section.
(e) The department shall cancel the amount of overpayment
or penalty due on any overpayment when:
(i) The individual is deceased with no estate or the
estate is closed and all assets are distributed; or
(ii) The individual is adjudicated insolvent by a
court of competent jurisdiction with no remaining assets.
(f) The department may cancel the amount of overpayments
or penalty due on any overpayment after eight (8) years from the
effective date of the claim resulting in the overpayment when:
(i) The individual cannot be located;
(ii) The individual is totally unable to work; or
(iii) The department’s records show the individual
earned covered wages of less than one-half (1/2) the average
weekly wage within Wyoming in the most recent calendar year.