Oklahoma Administrative Code (Last Updated: March 11, 2021) |
TITLE 240. Oklahoma Employment Security Commission |
Chapter 10. Unemployment Insurance Program |
Subchapter 3. Benefits |
Part 5. ELIGIBILITY |
SECTION 240:10-3-28. Application of payments made to repay an overpayment of benefits
Latest version.
- (a) Offset or recoupment of current unemployment benefit payments - If the current benefit payments of a claimant are offset or recouped to repay a benefit overpayment, the funds from the offset or recoupment shall be applied to the principal amount of the indebtedness in the following order:(1) First, to the earliest administrative overpayment established pursuant to 40 O.S. §2-613 (3) until the principal amount of the overpayment is paid in full.(2) Second, to the administrative overpayment established next in time and all subsequent administrative overpayments established in chronological order until the principal amount of all administrative overpayments are paid in full.(3) Third, to the earliest fraud or claimant error overpayment established pursuant to 40 O.S. §2-613 (1) or (2) until the principal amount of the overpayment is paid in full.(4) Fourth, to the fraud or claimant error overpayment established next in time and all subsequent fraud or claimant error overpayments established in chronological order until the principal amount of all fraud or claimant error overpayments are paid in full.(b) All payments or amounts collected in processes other than offset or recoupment of current unemployment benefit payments - When a payment is made or a collection of funds is accomplished to repay an indebtedness created by a previous overpayment of unemployment benefits established pursuant to 40 O.S.§2-613 (1) or (2), the payment or the amount collected shall be applied in the following manner:(1) First, to the fees that have been charged to the debtor in the earliest established overpayment until all fees for that overpayment are paid.(2) Second, to accrued penalties in the earliest established overpayment until all penalties for that overpayment are paid.(3) Third, to the accrued interest in the earliest established overpayment until all interest for that overpayment is paid.(4) Fourth, to the principal amount in the earliest established overpaymentuntil the principal amount is paid in full.(5) After the payment or amount collected has been applied in the manner described in paragraphs 1 through 4 of this subsection and the earliest established overpayment is paid in full, any money left over, and all future payments or amounts collected, shall be applied in the same manner to the overpayment established next in time, and this procedure shall be repeated until all overpayments are repaid.