Overpayments - Kansas Department Of Labor

An overpayment occurs when an individual is paid Unemployment Insurance (UI) benefits that they were not owed. This can happen for a number of reasons. For example, the claimant may have underreported wages, incorrectly listed their reason for separation, or they may have been unable or unavailable for work while receiving unemployment benefits. When KDOL determines that an individual received more in UI benefits than they were owed, the agency sends a Notice of Determination by mail.

If you did not file a claim for unemployment benefits and believe your overpayment notice is a result of your identity being stolen, do not submit a waiver request. Please fill out the Unsworn Declaration of Payments Not Received/Identity Theft Form (K-FRD 100) and upload the completed form to the KDOL Self-Service Portal.

PURSUANT TO LAW: ALL UNEMPLOYMENT INSURANCE BENEFIT OVERPAYMENTS ARE SUBJECT TO REPAYMENT TO THE KANSAS DEPARTMENT OF LABOR. As a general rule, an overpayment does not result in recovery efforts by the state of Kansas until after an overpayment determination has been made, all appeals have been resolved, and time for further appeals has been exhausted. Overpayment Asset Recovery efforts begin after the overpayment amount is no longer eligible to be appealed and the determinations have been finalized and subject only to collection and recovery efforts. Questions regarding the appeal process can be found in the Appeal FAQs.

Overpayment balances are mailed directly to claimants. If you need to obtain your current overpayment balance, email KDOL.repayagree@ks.gov. Include your full name, UID and/or last four (4) digits of your Social Security number. Do not include your full Social Security number. Requests with insufficient identifying information will not be answered.

Make a Payment

Three options are available for addressing the overpayment. Payments can be made online, by phone or mail.

Online. To pay online, go to ACI Payments, Inc. at: http://www.officialpayments.com.

Select State Payments on the main screen.
Enter 2611 as the Jurisdiction Code, OR select Kansas as the State or Territory, select Kansas Department of Labor as the Payment Entity and select Benefit Overpayment as the Payment Type.
Click on Make a Payment.

Phone. To pay by phone with a credit card, call 1-800-272-9829.

Select option two (2) when prompted and enter Jurisdiction Code 2611.

Please note: This phone number is an automated line used for payments only. Answers to questions about your overpayment or other assistance are not available.

U.S. Mail. Make the check, money order, or cashier’s check payable to Kansas Department of Labor and mail it to:

Kansas Department of Labor
Attn: Fiscal Dept.
401 SW Topeka Blvd
Topeka, Kansas 66603-3182

Include your name and the last four (4) digits of your Social Security number on the check, money order, or cashier’s check. DO NOT SEND CASH.

If paying the overpayment balance in full will result in a hardship for you, you may set up a payment plan. A voluntary repayment plan is your promise of how you intend to pay the full overpayment amount.

KDOL does not formally accept or reflect payment plans nor do we confirm they were received. It is your responsibility to submit payments each month. KDOL will not reach out to you for your payment.

Failure to make payments in a timely manner may result in a collection. Your voluntary payments may not prevent KDOL from offsetting other monies including, but not limited to; tax returns, offsets, future UI benefits or other benefits.

To create a payment plan,

Download and fill out the Overpayment Repayment Plan (K-BEN 899)
Upload the completed form to GetKansasBenefits.gov, select UI Assistance Portal
Agree to the Submit Unemployment Assistance Request
Click on Submit Unemployment Assistance Request
Under I am an* select Individual and I need to select Make a Repayment, press Next
Fill out the requested information and press Next
Select I would like to set up a repayment plan. Attach the K-BEN 899 form and press Submit
Mail a copy of the completed; and signed K-BEN 899 form with an initial payment to the Kansas Department of Labor:

Kansas Department of Labor
Attn: Benefit Overpayment Collections Unit
401 SW Topeka Blvd
Topeka, KS 66603-3182

Note: Include your name and the last four (4) digits of your Social Security number on the check, money order, or cashier’s check. DO NOT SEND CASH.

If you prefer to have your employer withhold wages, please complete the Voluntary Assignment of Wages/Earning Repayment Plan (K-COLL 100).

Voluntary Assignment of Wages/Earning Repayment Plan K-COLL 100

If you disagree with your Overpayment Notice, you may request an appeal. You have 16 calendar days, from the postmarked date on the notice, to request an appeal. If you do not file an appeal within 16 calendar days, the examiner’s determination will become final. Requests must be made in writing, and submitted by mail or fax.

NOTICE REGARDING APPEAL RIGHTS

Should you appeal the Overpayment Notice, the appeal is limited ONLY to whether the overpayment amount established in the notice is correct. The determination regarding your qualification or eligibility for benefits is final and not subject to appeal.

Appeals can be faxed to 785-291-6086 or submitted in writing and mailed to:

Kansas Department of Labor
Attn: Overpayment Appeals
401 SW Topeka Blvd
Topeka, Kansas 66603-3182

Note: To avoid losing your right to appeal, file your appeal within the 16-day timeline.

Overpayment Waiver Request

In some circumstances, state and federal law allow for waiving overpayment debts.

A waiver for Federal Benefits (PUA, FPUC, PEUC, and MEUC) overpayment(s) must be submitted within 30 calendar days of the mailed date of the notice. Waiver requests will not be considered if an appeal is pending. However, if an overpayment balance remains upon the conclusion of the appeal, then you may request a waiver within 30 calendar days of the final determination.

A waiver for Regular Unemployment overpayment may be submitted once a year, and per statute KSA 44-719(d)(1), the overpayment must be older than five (5) years for consideration of a possible waiver.

If you receive an overpayment not due to confirmed fraud or ID theft, and repaying the overpayment would be against equity and good conscience or cause undue hardship, you may be eligible to have the overpayment waived and your debt forgiven. To request an overpayment waiver, you must fill out the UI Overpayment Waiver Request form (K-CNS 2203) completely, and include an explanation and documentation with your submission as the form states.

Note: If you did not file a claim for unemployment benefits and believe your overpayment notice is a result of your identity being stolen, do not submit a waiver request. Refer to the instructions at the top of this page for actions to take.

Process for Submission

Download and fill out the UI Overpayment Waiver Request Form (K-CNS 2203).
Upload the completed form to GetKansasBenefits.gov, select UI Assistance Portal.
Agree to the Submit Unemployment Assistance Request
Click on Submit Unemployment Assistance Request
Under I am an* select Individual and I need to select Request a Waiver
Fill out the requested information and press Next
Select I would like to Request a Waiver. Attach the K-CNS 2203 form and press Submit

Completed forms may be submitted by mail:

Kansas Department of Labor
Attn: Benefit Overpayment Collections Unit
401 SW Topeka Blvd
Topeka, KS 66603-3182

Regular Unemployment Insurance

Overpaid benefits paid from regular UI and Extended Benefits (EB) may be waived under state statute. See K.S.A. 44-719(d)(1).

After a period of five (5) years, from the mail date of your determination letter, KDOL may waive an overpayment if:

Payment of the overpayment was not due to fraud, misrepresentation or willful nondisclosure on your part, and
Collection of the overpayment would be against equity or would cause you extreme hardship.

If you meet all eligibility requirements of the Kansas Employment Security Law, K.S.A. 44-701 et seq., during the weeks when the overpayments were made, then KDOL may waive an overpayment if it was made in the absence of fraud, misrepresentation, or willful nondisclosure.

Special Federal COVID-19 Relief Programs Waiver

Overpaid benefits paid from special federal COVID-19 relief programs (PUA, FPUC, PEUC, MEUC, the First Week of Regular UI Reimbursed by the Federal Government, and/or LWA) may be waived under federal statute. See CARES Act of 2020 (Pub. L. 116-136), as amended; 15 U.S.C. 9021 et seq.; Sec. 262(b) of the Continued Assistance Act (Pub. L. 116-260).

KDOL may only waive an overpayment if KDOL determines that:

The payment of the overpayment was without fault on your part, and
Repayment would be contrary to equity and good conscience.

Requiring repayment of an overpayment may be considered contrary to equity and good conscience if:

It would cause you financial hardship; or
You can show (regardless of your financial circumstances) that, due to the notice such payment would be made or because of the incorrect payment, either you have relinquished a valuable right or changed positions for the worse; or
Recovery would be unconscionable under the circumstances.

If an overpayment request is approved for payments made from special federal COVID-19 relief programs, you may still be required to repay overpaid benefits received from regular unemployment insurance programs, unless waived under the provision K.S.A. 44-719(d)(1), details above.

Waiver Determination

A decision will be made granting or denying your waiver request. A waiver may be granted for all or a portion of the overpayment. You will receive a copy of this decision via mail to the address provided on your waiver request form.