What happens if I fail to repay the overpayment?
If you have an overpayment, it means that the Kansas Department of Labor (KDOL) has determined that you obtained Unemployment Insurance (UI) benefits in excess of the amount that might otherwise have applied. There can be several causes of overpayment but the most common is a determination, at a hearing or an appeal, that you were not qualified to receive UI benefits which had already been provided to you. Overpayments can also be due to fraudulent UI claims.
null 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.