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Are there penalties or interest on overpayment amounts?

Legislation KSA 44-706 permits KDOL to assess a “penalty in the amount equal to 25 percent of the amount of benefits unlawfully received” upon “an individual who has knowingly made a false statement or representation or who has knowingly failed to disclose a material fact to obtain or increase [UI] benefits ...”. These are generally referred to as “fraud” cases. The failure to fully report or accurately disclose wages or earnings for any time benefits are paid or delivered is fraud. KDOL actively investigates fraud. Fraud can lead to prosecution.

If a fraud determination has been made, interest accrues from the date of final determination. Interest at the statutory rate of 18 percent per year may accrue on penalties assessed. 

Non-fraud overpayments accrue interest on unpaid balances remaining unpaid two years after the date the overpayment was established.

What happens if I fail to repay the overpayment?

KDOL has authority to recover any unpaid Overpayment Account balance under KSA 44-717 & 719. The authority includes lien (seizure of property), levy (tax, fee or fine), civil action in court, garnishment of wages, issuing a warrant, and offsets to monies or future benefits, including but not limited to recovery and even seizure of wages or other property. More than one overpayment recovery method may be pursued by KDOL at any time. Obtaining future UI benefits may be affected by your Overpayment Account balance. Recoupment may be applied to recover overpayments. 

Future UI benefits, whether in Kansas or out of state, can and may be reduced by amounts to repay (off-set) your overpayment obligations. Also, if your overpayment involved fraud, 100 percent of your future UI benefits may be applied to repay your UI overpayment. 

To the extent that you have state tax refunds or other payments payable to you through Kansas State agencies, KDOL may assert an off-set through the Kansas Department of Administration. 

The United States Treasury Offset Program (TOP) provides that under specified conditions, KDOL may obtain all or part of your federal tax refund or other federal payments to be applied to your overpayment obligations. 

It is in your best interest to maintain a zero Overpayment Account balance.