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Senate Roll Call on
2013 Senate Bill 5355: Implementing the unemployment insurance integrity provisions of the federal trade adjustment assistance extension act of 2011

Establishes that an individual who makes a false statement or representation in an attempt to obtain UC benefits is subject to an additional penalty of 15 percent of the amount of benefits overpaid or deemed overpaid. This additional penalty, as well as the first 15 percent of the penalty imposed on repeat offenders, is deposited in the unemployment insurance trust fund. When determining whether full recovery of an overpayment from a claimant would be against equity and good conscience, ESD must consider whether the employer or employer's agent failed to respond timely and adequately to an information request relating to the claim without good cause for the failure. An employer may not be granted benefit charge relief for benefit payments if: the benefit payment was made because the employer or their agent failed to respond timely or adequately to a written request for information; there is no good cause for the failure to respond as determined by ESD; and the employer or their agent has a pattern of such failures. A pattern exists if the employer failed to respond without good cause leading to the payment of benefits at least three times in the previous two years, or on at least 20 percent of the current claims against the employer. For employers that use agents, the actions of the agent count when determining whether the employer has a pattern of failing to respond.

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Senate Roll Call on 2013 Senate Bill 5355

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