Dixon (HB 566) Act No. 48
Existing law allows the administrator (the executive director of the La. Workforce
Commission) to enter into reciprocal arrangements with appropriate and duly authorized
agencies of other states or of the U.S.
Existing law provides that services performed by an individual for a single employing unit
in more than one state shall be deemed to be performed entirely within any one of the states
that the service is performed, in which the worker has his residence, or in which the
employing unit maintains its place of business.
New law retains existing law.
New law allows the administrator to enter into reciprocal arrangements regarding the
recovery of overpaid benefits with appropriate agencies of other states or with the U.S.
New law provides for definitions.
New law provides for the recovery of state or federal benefits by providing the procedure
both the requesting state and the recovering state must follow.
New law requires the requesting state to send the recovering state a request for overpayment,
as well as a notice of such to the claimant.
New law further requires the requesting state to send a new overpayment balance to the
recovering state whenever the requesting state receives any amount of repayment from a
source other than the recovering state.
New law requires the recovering state to issue an overpayment recovery determination to the
claimant and provides what this determination shall include.
New law further provides that the recovering state shall offset benefits payable for each week
claimed in the amount determined under state law and to notify the claimant of the offset.
New law requires that the recovering state shall prepare and forward, at least once a month,
a payment representing the amount recovered, made payable to the requesting state except
as provided for in combined wage claims.
New law requires the recovering state to retain a record of the overpayment balance, not
redetermine the original overpayment determination, recover across benefit years and
programs, and use the ET Handbook for determining priorities for offsetting overpayments.
New law provides for combined wage claims and outlines the procedure for both the paying
state and the recovering state.
New law requires the paying state to offset any outstanding overpayment in a transferring
state prior to honoring a request from any other participating state and credit the deductions
against the statement of benefits paid to combined wage claimants, or forward a payment to
the transferring state.
New law provides that withdrawal of a combined wage claim after benefits have been paid
shall be honored only if the claimant has repaid any benefits paid or authorizes the new liable
state to offset the overpayment.
New law requires the paying state to issue an overpayment determination and forward a copy
of the determination, with an overpayment recovery request and an authorization to offset,
to the liable state.
New law requires the recovering state to prioritize the offset of overpayments and offset the
total amount of any overpayment prior to the release of any payments to the claimant.
New law requires the recovering state to provide the claimant with a notice of the amount
offset and prepare and forward a payment representing the amount recovered to the
requesting state. Effective August 1, 2013.
(Amends R.S. 23:1665; Adds R.S. 23:1665.1, 1665.2, and 1665.3)