Interstate overpayment recovery handbook update
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U.S. Department of Labor
Employment and Training Administration
Advisory System
Washington, D.C. 20210
Classification: OWS/UI
Correspondence symbol: DUIO
Date: August 16, 2004
Rescissions: None
Expiration date: August 31, 2005
ADVISORY: UNEMPLOYMENT INSURANCE PROGRAM LETTER NO. 31-04
TO: STATE WORKFORCE AGENCIES
FROM: CHERYL ATKINSON /s/
Administrator
Office of Workforce Security
SUBJECT: Handbook for Interstate Overpayment Recovery
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Purpose. To advise state workforce agencies (SWAs) of a new format for the Handbook for Interstate Overpayment Recovery and request submission of the states' updated sections concerning their overpayment recovery procedures and contact information.
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Reference. Interstate Benefit Payment Plan; Interstate Reciprocal Overpayment Recovery Arrangement; ET Handbook No. 392.
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Background. The Handbook for Interstate Overpayment Recovery is a compilation of procedural instructions and contact information that each state wishes other states to follow to obtain assistance with overpayment recoupment, civil actions, and/or prosecutions. In preparation for automation of the handbook in Fiscal Year 2005, the National Association of State Workforce Agencies' (NASWA) Interstate Benefits (IB) Committee recently finalized the new format after consideration of all recommendations made by the states concerning the handbook and its format. In preparation for making the handbook available electronically, updated information in the new format is needed to populate the database for the initial automated handbook and for issuance prior to automation. Attached are new instructions for completing each handbook section, including examples and a blank outline of the pages, to assist states in providing updated information. When the handbook is compiled, states will be able to access it electronically on the NASWA Workforce ATM website www.naswa.com listed under "Interstate Committee."
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Action Required. State agencies are requested to review the attached information, prepare the state's handbook section in a Word document following the provided format, and transmit it as an email attachment to [email protected] by August 27, 2004.
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Attachments. Attachment A. Completion Instructions for Handbook for Interstate Overpayment Recovery; and, Attachment B. Blank outline of the handbook sections.
Attachment A: Completion Instructions for Handbook for Interstate Overpayment Recovery (official HTML: https://www.dol.gov/sites/dolgov/files/ETA/advisories/UIPL/2004/UIPL31_04_AttachA.html)
COMPLETION INSTRUCTIONS FOR THE HANDBOOK FOR INTERSTATE OVERPAYMENT
RECOVERY
1. Introduction. This handbook is a compilation of state information
prepared in a uniform format and contained in separate sections to
inform all states of the procedural instructions for overpayment
recovery. It provides references for states to use to request
cross-matching of records, assistance with overpayment recovery, civil
actions, and/or prosecutions. Each state is responsible to keep
current information in the handbook and update the information when
state laws, policies, or procedures change. When information is
revised, states will place an asterisk (*) next to the last revised
material and remove the asterisk(s) identifying earlier revision(s).
2. Format. Each state’s section of the handbook will be organized
under the state’s postal abbreviation in the format provided in
Attachment B. Below are instructions for completing each page/item
followed by an example of a completed page or item:
a. Page A - Address/Telephone Numbers. For collection activities,
the state will provide identification of: 1) the office and address
where requests, restitution transmittals, and related correspondence are
to be sent, and 2) the name, telephone number, FAX number and e-mail
address of the person that other states are to contact for information,
when necessary, and as appropriate.
For prosecution activities, the state will also provide: 1) the name
and address where requests for prosecution and related correspondence
are to be sent, and 2) the name, telephone number, FAX number and e-mail
address of the person that other states are to contact for information,
when necessary, and as appropriate.
Example:
HANDBOOK FOR INTERSTATE OVERPAYMENT RECOVERY
ADDRESS AND TELEPHONE NUMBERS
TN - A
DATE: Mo/Day/Yr
Collection Activities: Mail request, inquiries, and/or restitution
transmittals for benefit overpayment collections to:
Benefit Payment Control
500 James Robertson Pkwy, 10th Fl
Nashville, TN 37245
Contact Person: John Doe
Telephone No: 615-444-4444
Fax Number: 615-555-5555
Prosecution Activities: Mail requests for prosecutions and related
material to:
Benefit Payment Control
500 James Robertson Pkwy, 10th Fl
Nashville, TN 37245
Contact Person: Susie Doe
Telephone No: 615-333-333
Fax Number: 615-666-6666
b. Page B - Summary Page. This page contains a summary of detailed
information about the state’s procedures for overpayment recovery.
States should complete the information by entering “yes” or “no” to
indicate their participation in each of the recovery activities listed.
For example, for information related to the quarterly Interstate
Crossmatch and Claimant Locator activity, each state will enter “yes” or
“no” in the spaces provided to indicate the files against which the
crossmatch records and locator records are matched.
Example:
HANDBOOK FOR INTERSTATE OVERPAYMENT RECOVERY
SUMMARY PAGE
TN - B
DATE: Mo/Day/Yr
INFORMATION AT A GLANCE
1. Interstate Crossmatch: 2. Interstate
Claimant Locator:
A. Match with Wage Files YES A. Match with
Wage Files YES
B. Match with Benefit Files YES B. Match with
Benefit Files YES
3. Overpayment Recovery: Assistance
Offset
A. Active Claims
YES YES
B. Inactive Claims/No Claim NO
NO
C. OP Due to CWC Withdrawal YES
YES
D. OP in Transferring State
YES YES
4. Civil Action for other states: NO 5. Prosecution for
other states: YES
6. IRORA Participant: YES 7. Cross-Program
Offset Participant: YES
8. Bulletin Board: (This is an area that allows the state to
provide additional narrative information.)
c. Regular Pages. The “regular pages” display information
pertaining to the assistance
offered by the state, and provide procedural instructions for states
requesting assistance. Each page should have a header that includes the
name of the handbook, state postal code and the date the page was
prepared as indicated below:
Example:
HANDBOOK FOR INTERSTATE OVERPAYMENT RECOVERY
TN
DATE: Mo/Day/Yr
Information concerning the following topics, numbered 1-8, is needed
from each state.
(1) Crossmatch of Wage and Benefit Files.
(A) Wage Files. Indicate if the state maintains a
wage file and whether the state participates in the quarterly interstate
crossmatch/claimant locator. Also, indicate if the state matches both,
crossmatch and locator requests against the wage file.
(B) Benefit Files. Indicate if the state matches
both, crossmatch and locator, requests against benefit files. Also
indicate whether the state matches locator requests against current
benefit years only - or current and prior years.
Example:
1. CROSSMATCH OF WAGE AND BENEFIT FILES
A. WAGE FILES
Match both crossmatch and locator requests against wage file to obtain
employer(s) name(s) and address(es) for any claimant claiming weeks of
unemployment in the match quarter whenever requests are received from
another state.
Requesting state should follow Interstate Crossmatch/Locator procedures
to request crossmatching.
B. BENEFIT FILES
Match both crossmatch and locator requests against Benefit file to
obtain employer(s) name(s) and address(es) for any claimant claiming
weeks of unemployment in the match quarter whenever requests are
received from another state.
Requesting state should follow Interstate Crossmatch/Locator procedures
to request crossmatching.
(2) Crossmatch of Other Files. Describe other record
sources that the state agency uses to crossmatch the interstate locator
(Type 3) requests in an effort to locate the individuals (i.e., motor
vehicle registration records, etc.).
Example:
2. CROSSMATCH OF OTHER FILES
State does not match crossmatch or locator records against files other
than wage and benefit files.
(3) Overpayment Recovery - Active Claims (Not
Combined-Wage-Claims). Indicate the type of assistance the agency will
provide to recover the overpayment. Specify the documentation needed to
initiate the action.
Example:
3. OVERPAYMENT RECOVERY – ACTIVE CLAIMS (NOT CWC)
When a state requests assistance, the overpaid amount is offset against
benefits due for weeks claimed. When the full amount of the OP has been
recovered or when the claimant stops filing, the collected amount is
forwarded to the state.
To request assistance, send a Form IB 8606, a copy of the overpayment
decision, information regarding the weeks overpaid, and the amount of
the overpayment balance.
(4) Overpayment Recovery Inactive Claim/No Claim on File.
Indicate the type(s) of assistance the agency will provide when the
claimant is not in active claim status or has no claim on file, but is a
resident of the state and wages are being reported. Specify
documentation needed to initiate the action, procedures that should be
followed, and to whom assistance requests are to be sent.
Example:
4. OVERPAYMENT RECOVERY INACTIVE CLAIM/NO CLAIM ON FILE
No action will be taken if claim is inactive or there is no claim on
file.
(5) Overpayment Recovery - Combined Wage Claim.
Requirements of Federal regulations 20 CRF 616 apply.
(A) Withdrawal of CWC After Benefits Have Been Paid.
Indicate whether or not the agency, as a liable state accepting a
substitute claim, will offset any overpayment created by the withdrawal
of a combined claim. Indicate if the overpayment will be offset in
total before any benefits are released to the claimant, or if only a
percentage of the weekly benefit amount will be offset. Specify
procedures to be followed and provide the name, address, telephone
number, fax number and e-mail address of the contact person.
(B) Recovery of Outstanding Overpayment in
Transferring State. Describe to what extent the agency recovers
uncollected overpayments for transferring states (indicate if the total
overpayment will be offset prior to the release of payment to the
claimant; a percentage of the WBA will be offset each week; or, only the
percentage of the WBA attributable to the transferred wages will be
offset each week, etc.) Specify procedures to be followed and provide
the name, address, telephone number, fax number and e-mail address of
the contact person.
Example:
5. OVERPAYMENT RECOVERY – COMBINED WAGE CLAIMS
(A) WITHDRAWAL OF CWC AFTER BENEFITS HAVE BEEN PAID
When a state requests assistance, the overpaid amount is offset against
benefits due for weeks claimed. When the full amount of the OP has been
recovered or when the claimant stops filing, the collected amount is
forwarded to the state.
To request assistance, send a Form IB 8606, a copy of the overpayment
decision, a copy of the claimant’s request to withdraw the claim,
information regarding the weeks overpaid and the amount of the
overpayment balance. Forward the request to the Combined Wage Unit at
the address shown on address page. Contact person: Jane Doe
615-222-2222
(B) RECOVERY OF OUTSTANDING OVERPAYMENT IN TRANSFERRING STATE
When a state requests assistance, the overpaid amount is offset against
benefits due for weeks claimed. When the full amount of the OP has been
recovered or when the claimant stops filing, the collected amount is
forwarded to the state.
To request assistance, send a Form IB 8606, a copy of the overpayment
decision, a copy of the claimant’s request to withdraw the claim,
information regarding the weeks overpaid and the amount of the
overpayment balance. Enter a notice in the comments section of the IB4
wage transfer to alert TN of the overpayment request being sent.
Forward the request to the Combined Wage Unit at the address shown on
address page. Contact person: Jane Doe 615-222-2222
(6) Civil Action. Describe under what circumstances the
agency will pursue civil action to collect an overpayment for another
state, including any timely referral requirements. Specify the
documentation needed to initiate actions, procedures requesting state
should follow, and provide the name, address and telephone number of the
contact person.
Example:
6. CIVIL ACTION
No civil action will be taken on behalf of other states.
(7) Prosecutions.
(A) Minimum Criteria. Indicate the minimum amount of
the overpayment and/or number of weeks overpaid needed to initiate
action, and provide any timely referral requirements.
(B) Documentation Required. Describe the
documentation required and indicate if the documents must be originals
and certified or if photocopies and uncertified documents are
acceptable. Specify procedures to be followed and provide the name,
address and telephone number of the contact person.
Example:
7. PROSECUTIONS
(A) MINIMUM CRITERIA
Will assist other state with prosecution if offense occurred in TN, the
amount overpaid is at least $500 and the request for prosecution is
received within 1 year of the date of the offense.
(B) DOCUMENTATION REQUIRED
Evidence of certifications, copies of cashed checks and copies of
employer payroll records. Records must be certified by the custodian of
records.
Send written request together with the above documentation to the
address shown on Page A.
(8) Interstate Reciprocal Overpayment Recovery Arrangement
(IRORA). Indicate if your state participates in the IRORA. Under what
conditions, does the state collect overpayments for other states?
Example:
8. INTERSTATE RECIPROCAL OVERPAYMENT RECOVERY ARRANGEMENT (IRORA).
Will offset an overpayment for another state when the overpayment and
the current claim are the same program (State or Federal). If the
requesting state is a participant in the Cross-Program Offset Agreement,
will offset cross-program.
To request assistance, send a Form IB 8606, a copy of the overpayment
decision, information regarding the weeks overpaid, and the amount of
the overpayment balance.
Attachment B: Blank outline of the handbook sections (official HTML: https://www.dol.gov/sites/dolgov/files/ETA/advisories/UIPL/2004/UIPL31_04_AttachB.html)
HANDBOOK FOR INTERSTATE OVERPAYMENT RECOVERY
ADDRESS AND TELEPHONE
(State Abbreviation) - A
Date: Mo/Day/Yr
Collections Activity: Mail requests, inquiries, and/or restitution
transmittals for benefit overpayment collection to:
Agency Name:
Address:
Address:
Contact Person:
Telephone No:
Fax Number:
Prosecution Activity: Mail request(s) for prosecution(s) and related
material to:
Agency Name:
Address:
Address:
Contact Person:
Telephone No:
Fax Number:
HANDBOOK FOR INTERSTATE OVERPAYMENT RECOVERY
SUMMARY PAGE
State Abbreviation - B
Date: Mo/Day/Yr
A. INFORMATION AT A GLANCE (Indicate Yes or No for the
activity/participation)
1. Interstate Crossmatch: 2. Interstate
Claimant Locator:
A. Match with Wage Files ___ A. Match
with Wage Files ___
B. Match with Benefit Files ___ B. Match
with Benefit Files ___
3. Overpayment Recovery: Assistance
Offset
A. Active Claims
_____ _____
B. Inactive Claims/No Claim
_____ _____
C. Combined Wage Claim
_____ _____
D. Transferring State
_____ _____
4. Civil Action for other states: ___ 5. Prosecution
for other states: ___
6. IRORA Participant ___ 7.
Cross-Program Offset Participant ___
8. Bulletin Board (Narrative information)
HANDBOOK FOR INTERSTATE OVERPAYMENT RECOVERY
State Abbreviation -
Date: Mo/Day/Yr
1. CROSSMATCH OF WAGE AND BENEFIT FILES
A. WAGE FILES
B. BENEFIT FILES
2. CROSSMATCH OF OTHER FILES.
3. OVERPAYMENT RECOVERY - ACTIVE CLAIMS (NOT CWC).
4. OVERPAYMENT RECOVERY INACTIVE CLAIM/NO CLAIM ON FILE.
5. OVERPAYMENT RECOVERY - COMBINED WAGE CLAIM.
A. WITHDRAWAL OF CWC AFTER BENEFITS HAVE BEEN PAID.
B. RECOVERY OF OUTSTANDING OVERPAYMENT IN TRANSFERRING STATE.
6. CIVIL ACTION.
7. PROSECUTIONS.
A. MINIMUM CRITERIA.
B. DOCUMENTATION REQUIRED.
8. INTERSTATE RECIPROCAL OVERPAYMENT RECOVERY ARRANGEMENT (IRORA).
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