Missouri Revised Statutes
Chapter 288
Employment Security
←288.379
Section 288.380.1
288.381→
August 28, 2015
Void agreements--offenses, penalties--deductions of support obligations and uncollected overissuance of food stamps--offset for overpayment of benefits by other states, when--definitions.
288.380. 1. Any agreement by a worker to waive, release, or commute such
worker's rights to benefits or any other rights pursuant to this chapter or
pursuant to an employment security law of any other state or of the federal
government shall be void. Any agreement by a worker to pay all or any portion
of any contributions required shall be void. No employer shall directly or
indirectly make any deduction from wages to finance the employer's
contributions required from him or her, or accept any waiver of any right
pursuant to this chapter by any individual in his or her employ.
2. No employing unit or any agent of an employing unit or any other
person shall make a false statement or representation knowing it to be false,
nor shall knowingly fail to disclose a material fact to prevent or reduce the
payment of benefits to any individual, nor to avoid becoming or remaining an
employer, nor to avoid or reduce any contribution or other payment required
from any employing unit, nor shall willfully fail or refuse to make any
contributions or payments nor to furnish any required reports nor to produce
or permit the inspection or copying of required records. Each such
requirement shall apply regardless of whether it is a requirement of this
chapter, of an employment security law of any other state or of the federal
government.
3. No person shall make a false statement or representation knowing it
to be false or knowingly fail to disclose a material fact, to obtain or
increase any benefit or other payment pursuant to this chapter, or under an
employment security law of any other state or of the federal government either
for himself or herself or for any other person.
4. No person shall without just cause fail or refuse to attend and
testify or to answer any lawful inquiry or to produce books, papers,
correspondence, memoranda, and other records, if it is in such person's power
so to do in obedience to a subpoena of the director, the commission, an
appeals tribunal, or any duly authorized representative of any one of them.
5. No individual claiming benefits shall be charged fees of any kind in
any proceeding pursuant to this chapter by the division, or by any court or
any officer thereof. Any individual claiming benefits in any proceeding
before the division or a court may be represented by counsel or other duly
authorized agent; but no such counsel or agents shall either charge or receive
for such services more than an amount approved by the division.
6. No employee of the division or any person who has obtained any list
of applicants for work or of claimants for or recipients of benefits pursuant
to this chapter shall use or permit the use of such lists for any political
purpose.
7. Any person who shall willfully violate any provision of this chapter,
or of an employment security law of any other state or of the federal
government or any rule or regulation, the observance of which is required
under the terms of any one of such laws, shall upon conviction be deemed
guilty of a misdemeanor and shall be punished by a fine of not less than fifty
dollars nor more than one thousand dollars, or by imprisonment in the county
jail for not more than six months, or by both such fine and imprisonment, and
each such violation or each day such violation continues shall be deemed to be
a separate offense.
8. In case of contumacy by, or refusal to obey a subpoena issued to, any
person, any court of this state within the jurisdiction of which the inquiry
is carried on, or within the jurisdiction of which the person guilty of
contumacy or refusal to obey is found or resides or transacts business, upon
application by the director, the commission, an appeals tribunal, or any duly
authorized representative of any one of them shall have jurisdiction to issue
to such person an order requiring such person to appear before the director,
the commission, an appeals tribunal or any duly authorized representative of
any one of them, there to produce evidence if so ordered or there to give
testimony touching the matter under investigation or in question; and any
failure to obey such order of the court may be punished by the court as a
contempt thereof.
9. (1) Any individual or employer who receives or denies unemployment
benefits by intentionally misrepresenting, misstating, or failing to disclose
any material fact has committed fraud. After the discovery of facts
indicating fraud, a deputy shall make a written determination that the
individual obtained or denied unemployment benefits by fraud and that the
individual must promptly repay the unemployment benefits to the fund. In
addition, the deputy shall assess a penalty equal to twenty-five percent of
the amount fraudulently obtained or denied. If division records indicate that
the individual or employer had a prior established overpayment or record of
denial due to fraud, the deputy shall, on the present overpayment or
determination, assess a penalty equal to one hundred percent of the amount
fraudulently obtained.
(2) Unless the individual or employer within thirty calendar days after
notice of such determination of overpayment by fraud is either delivered in
person or mailed to the last known address of such individual or employer
files an appeal from such determination, it shall be final. Proceedings on
the appeal shall be conducted in accordance with section 288.190.
(3) If the individual or employer fails to repay the unemployment
benefits and penalty, assessed as a result of the deputy's determination that
the individual or employer obtained or denied unemployment benefits by fraud,
such sum shall be collectible in the manner provided in sections 288.160 and
288.170 for the collection of past due contributions. If the individual or
employer fails to repay the unemployment benefits that the individual or
employer denied or obtained by fraud, the division may offset from any future
unemployment benefits otherwise payable the amount of the overpayment, or may
take such steps as are necessary to effect payment from the individual or
employer. Future benefits may not be used to offset the penalty due. Money
received in repayment of fraudulently obtained or denied unemployment benefits
and penalties shall first be applied to the unemployment benefits overpaid,
then to the penalty amount due. Payments made toward the penalty amount due
shall be credited to the special employment security fund.
(4) If fraud or evasion on the part of any employer is discovered by the
division, the employer will be subject to the fraud provisions of subsection 4
of section 288.160.
(5) The provisions of this subsection shall become effective July 1,
2005.
10. An individual who willfully fails to disclose amounts earned during
any week with respect to which benefits are claimed by him or her, willfully
fails to disclose or has falsified as to any fact which would have
disqualified him or her or rendered him or her ineligible for benefits during
such week, or willfully fails to disclose a material fact or makes a false
statement or representation in order to obtain or increase any benefit
pursuant to this chapter shall forfeit all of his or her benefit rights, and
all of his or her wage credits accrued prior to the date of such failure to
disclose or falsification shall be cancelled, and any benefits which might
otherwise have become payable to him or her subsequent to such date based upon
such wage credits shall be forfeited; except that, the division may, upon good
cause shown, modify such reduction of benefits and cancellation of wage
credits. It shall be presumed that such failure or falsification was willful
in any case in which an individual signs and certifies a claim for benefits
and fails to disclose or falsifies as to any fact relative to such claim.
11. (1) Any assignment, pledge, or encumbrance of any rights to
benefits which are or may become due or payable pursuant to this chapter shall
be void; and such rights to benefits shall be exempt from levy, execution,
attachment, or any other remedy whatsoever provided for the collection of
debt; and benefits received by any individual, so long as they are not mingled
with other funds of the recipient, shall be exempt from any remedy whatsoever
for the collection of all debts except debts incurred for necessaries
furnished to such individual or the individual's spouse or dependents during
the time such individual was unemployed. Any waiver of any exemption provided
for in this subsection shall be void; except that this section shall not apply
to:
(a) Support obligations, as defined pursuant to paragraph (g) of
subdivision (2) of this subsection, which are being enforced by a state or
local support enforcement agency against any individual claiming unemployment
compensation pursuant to this chapter; or
(b) Uncollected overissuances (as defined in Section 13(c)(1) of the
Food Stamp Act of 1977) of food stamp coupons;
(2) (a) An individual filing a new claim for unemployment compensation
shall, at the time of filing such claim, disclose whether or not the
individual owes support obligations, as defined pursuant to paragraph (g) of
this subdivision or owes uncollected overissuances of food stamp coupons (as
defined in Section 13(c)(1) of the Food Stamp Act of 1977). If any such
individual discloses that he or she owes support obligations or uncollected
overissuances of food stamp coupons, and is determined to be eligible for
unemployment compensation, the division shall notify the state or local
support enforcement agency enforcing the support obligation or the state food
stamp agency to which the uncollected food stamp overissuance is owed that
such individual has been determined to be eligible for unemployment
compensation;
(b) The division shall deduct and withhold from any unemployment
compensation payable to an individual who owes support obligations as defined
pursuant to paragraph (g) of this subdivision or who owes uncollected food
stamp overissuances:
a. The amount specified by the individual to the division to be deducted
and withheld pursuant to this paragraph if neither subparagraph b. nor
subparagraph c. of this paragraph is applicable; or
b. The amount, if any, determined pursuant to an agreement submitted to
the division pursuant to Section 454(20)(B)(i) of the Social Security Act by
the state or local support enforcement agency, unless subparagraph c. of this
paragraph is applicable; or the amount (if any) determined pursuant to an
agreement submitted to the state food stamp agency pursuant to Section
13(c)(3)(a) of the Food Stamp Act of 1977; or
c. Any amount otherwise required to be so deducted and withheld from
such unemployment compensation pursuant to properly served legal process, as
that term is defined in Section 459(i) of the Social Security Act; or any
amount otherwise required to be deducted and withheld from the unemployment
compensation pursuant to Section 13(c)(3)(b) of the Food Stamp Act of 1977;
(c) Any amount deducted and withheld pursuant to paragraph (b) of this
subdivision shall be paid by the division to the appropriate state or local
support enforcement agency or state food stamp agency;
(d) Any amount deducted and withheld pursuant to paragraph (b) of this
subdivision shall, for all purposes, be treated as if it were paid to the
individual as unemployment compensation and paid by such individual to the
state or local support enforcement agency in satisfaction of the individual's
support obligations or to the state food stamp agency to which the uncollected
overissuance is owed as repayment of the individual's uncollected
overissuance;
(e) For purposes of paragraphs (a), (b), (c), and (d) of this
subdivision, the term "unemployment compensation" means any compensation
payable pursuant to this chapter, including amounts payable by the division
pursuant to an agreement pursuant to any federal law providing for
compensation, assistance, or allowances with respect to unemployment;
(f) Deductions will be made pursuant to this section only if appropriate
arrangements have been made for reimbursement by the state or local support
enforcement agency, or the state food stamp agency, for the administrative
costs incurred by the division pursuant to this section which are attributable
to support obligations being enforced by the state or local support
enforcement agency or which are attributable to uncollected overissuances of
food stamp coupons;
(g) The term "support obligations" is defined for purposes of this
subsection as including only obligations which are being enforced pursuant to
a plan described in Section 454 of the Social Security Act which has been
approved by the Secretary of Health and Human Services pursuant to Part D of
Title IV of the Social Security Act;
(h) The term "state or local support enforcement agency", as used in
this subsection, means any agency of a state, or political subdivision
thereof, operating pursuant to a plan described in paragraph (g) of this
subdivision;
(i) The term "state food stamp agency" as used in this subsection means
any agency of a state, or political subdivision thereof, operating pursuant to
a plan described in the Food Stamp Act of 1977;
(j) The director may prescribe the procedures to be followed and the
form and contents of any documents required in carrying out the provisions of
this subsection;
(k) The division shall comply with the following priority when deducting
and withholding amounts from any unemployment compensation payable to an
individual:
a. Before withholding any amount for child support obligations or
uncollected overissuances of food stamp coupons, the division shall first
deduct and withhold from any unemployment compensation payable to an
individual the amount, as determined by the division, owed pursuant to
subsection 12 or 13 of this section;
b. If, after deductions are made pursuant to subparagraph a. of this
paragraph, an individual has remaining unemployment compensation amounts due
and owing, and the individual owes support obligations or uncollected
overissuances of food stamp coupons, the division shall first deduct and
withhold any remaining unemployment compensation amounts for application to
child support obligations owed by the individual;
c. If, after deductions are made pursuant to subparagraphs a. and b. of
this paragraph, an individual has remaining unemployment compensation amounts
due and owing, and the individual owes uncollected overissuances of food stamp
coupons, the division shall deduct and withhold any remaining unemployment
compensation amounts for application to uncollected overissuances of food
stamp coupons owed by the individual.
12. Any person who, by reason of the nondisclosure or misrepresentation
by such person or by another of a material fact, has received any sum as
benefits pursuant to this chapter while any conditions for the receipt of
benefits imposed by this chapter were not fulfilled in such person's case, or
while he or she was disqualified from receiving benefits, shall, in the
discretion of the division, either be liable to have such sums deducted from
any future benefits payable to such person pursuant to this chapter or shall
be liable to repay to the division for the unemployment compensation fund a
sum equal to the amounts so received by him or her.
13. Any person who, by reason of any error or omission or because of a
lack of knowledge of material fact on the part of the division, has received
any sum of benefits pursuant to this chapter while any conditions for the
receipt of benefits imposed by this chapter were not fulfilled in such
person's case, or while such person was disqualified from receiving benefits,
shall after an opportunity for a fair hearing pursuant to subsection 2 of
section 288.190 have such sums deducted from any further benefits payable to
such person pursuant to this chapter, provided that the division may elect not
to process such possible overpayments where the amount of same is not over
twenty percent of the maximum state weekly benefit amount in effect at the
time the error or omission was discovered.
14. Recovering overpaid unemployment compensation benefits shall be
pursued by the division against any person receiving such overpaid
unemployment compensation benefits through billing, setoffs against state and
federal tax refunds to the extent permitted by federal law, intercepts of
lottery winnings under section 313.321, and collection efforts as provided for
in sections 288.160, 288.170, and 288.175.
15. Any person who has received any sum as benefits under the laws of
another state, or under any unemployment benefit program of the United States
administered by another state while any conditions for the receipt of benefits
imposed by the law of such other state were not fulfilled in his or her case,
shall after an opportunity for a fair hearing pursuant to subsection 2 of
section 288.190 have such sums deducted from any further benefits payable to
such person pursuant to this chapter, but only if there exists between this
state and such other state a reciprocal agreement under which such entity
agrees to recover benefit overpayments, in like fashion, on behalf of this
state.
(L. 1951 p. 564 § 288.260, A.L. 1957 p. 531, A.L. 1982 H.B. 1521, A.L.
1984 H.B. 1275 merged with H.B. 1251 & 1549, A.L. 1988 H.B. 1485,
A.L. 1996 H.B. 1368, A.L. 1998 S.B. 922, A.L. 2004 H.B. 1268 &
1211, A.L. 2006 H.B. 1456)
Effective 10-01-06
2005
1999
2005
288.380. 1. Any agreement by a worker to waive, release, or commute
such worker's rights to benefits or any other rights pursuant to this
chapter or pursuant to an employment security law of any other state or of
the federal government shall be void. Any agreement by a worker to pay all
or any portion of any contributions required shall be void. No employer
shall directly or indirectly make any deduction from wages to finance the
employer's contributions required from him or her, or accept any waiver of
any right pursuant to this chapter by any individual in his or her employ.
2. No employing unit or any agent of an employing unit or any other
person shall make a false statement or representation knowing it to be
false, nor shall knowingly fail to disclose a material fact to prevent or
reduce the payment of benefits to any individual, nor to avoid becoming or
remaining an employer, nor to avoid or reduce any contribution or other
payment required from any employing unit, nor shall willfully fail or
refuse to make any contributions or payments nor to furnish any required
reports nor to produce or permit the inspection or copying of required
records. Each such requirement shall apply regardless of whether it is a
requirement of this chapter, of an employment security law of any other
state or of the federal government.
3. No person shall make a false statement or representation knowing
it to be false or knowingly fail to disclose a material fact, to obtain or
increase any benefit or other payment pursuant to this chapter, or under
an employment security law of any other state or of the federal government
either for himself or herself or for any other person.
4. No person shall without just cause fail or refuse to attend and
testify or to answer any lawful inquiry or to produce books, papers,
correspondence, memoranda, and other records, if it is in such person's
power so to do in obedience to a subpoena of the director, the commission,
an appeals tribunal, or any duly authorized representative of any one of
them.
5. No individual claiming benefits shall be charged fees of any kind
in any proceeding pursuant to this chapter by the division, or by any court
or any officer thereof. Any individual claiming benefits in any proceeding
before the division or a court may be represented by counsel or other duly
authorized agent; but no such counsel or agents shall either charge or
receive for such services more than an amount approved by the division.
6. No employee of the division or any person who has obtained any
list of applicants for work or of claimants for or recipients of benefits
pursuant to this chapter shall use or permit the use of such lists for any
political purpose.
7. Any person who shall willfully violate any provision of this
chapter, or of an employment security law of any other state or of the
federal government or any rule or regulation, the observance of which is
required under the terms of any one of such laws, shall upon conviction be
deemed guilty of a misdemeanor and shall be punished by a fine of not less
than fifty dollars nor more than one thousand dollars, or by imprisonment
in the county jail for not more than six months, or by both such fine and
imprisonment, and each such violation or each day such violation continues
shall be deemed to be a separate offense.
8. In case of contumacy by, or refusal to obey a subpoena issued to,
any person, any court of this state within the jurisdiction of which the
inquiry is carried on, or within the jurisdiction of which the person
guilty of contumacy or refusal to obey is found or resides or transacts
business, upon application by the director, the commission, an appeals
tribunal, or any duly authorized representative of any one of them shall
have jurisdiction to issue to such person an order requiring such person to
appear before the director, the commission, an appeals tribunal or any duly
authorized representative of any one of them, there to produce evidence if
so ordered or there to give testimony touching the matter under
investigation or in question; and any failure to obey such order of the
court may be punished by the court as a contempt thereof.
*9. (1) Any individual or employer who receives or denies
unemployment benefits by intentionally misrepresenting, misstating, or
failing to disclose any material fact has committed fraud. After the
discovery of facts indicating fraud, a deputy shall make a written
determination that the individual obtained or denied unemployment benefits
by fraud and that the individual must promptly repay the unemployment
benefits to the fund. In addition, the deputy shall assess a penalty equal
to twenty-five percent of the amount fraudulently obtained or denied. If
division records indicate that the individual or employer had a prior
established overpayment or record of denial due to fraud, the deputy shall,
on the present overpayment or determination, assess a penalty equal to one
hundred percent of the amount fraudulently obtained.
(2) Unless the individual or employer within thirty calendar days
after notice of such determination of overpayment by fraud is either
delivered in person or mailed to the last known address of such individual
or employer files an appeal from such determination, it shall be final.
Proceedings on the appeal shall be conducted in accordance with section
288.190.
(3) If the individual or employer fails to repay the unemployment
benefits and penalty, assessed as a result of the deputy's determination
that the individual or employer obtained or denied unemployment benefits by
fraud, such sum shall be collectible in the manner provided in sections
288.160 and 288.170 for the collection of past due contributions. If the
individual or employer fails to repay the unemployment benefits that the
individual or employer denied or obtained by fraud, the division may offset
from any future unemployment benefits otherwise payable the amount of the
overpayment, or may take such steps as are necessary to effect payment from
the individual or employer. Future benefits may not be used to offset the
penalty due. Money received in repayment of fraudulently obtained or
denied unemployment benefits and penalties shall first be applied to the
unemployment benefits overpaid, then to the penalty amount due. Payments
made toward the penalty amount due shall be credited to the special
employment security fund.
(4) If fraud or evasion on the part of any employer is discovered by
the division, the employer will be subject to the fraud provisions of
subsection 4 of section 288.160.
(5) The provisions of this subsection shall become effective July 1,
2005.
10. An individual who willfully fails to disclose amounts earned
during any week with respect to which benefits are claimed by him or her,
willfully fails to disclose or has falsified as to any fact which would
have disqualified him or her or rendered him or her ineligible for benefits
during such week, or willfully fails to disclose a material fact or makes a
false statement or representation in order to obtain or increase any
benefit pursuant to this chapter shall forfeit all of his or her benefit
rights, and all of his or her wage credits accrued prior to the date of
such failure to disclose or falsification shall be canceled, and any
benefits which might otherwise have become payable to him or her subsequent
to such date based upon such wage credits shall be forfeited; except that,
the division may, upon good cause shown, modify such reduction of benefits
and cancellation of wage credits. It shall be presumed that such failure
or falsification was willful in any case in which an individual signs and
certifies a claim for benefits and fails to disclose or falsifies as to any
fact relative to such claim.
11. (1) Any assignment, pledge, or encumbrance of any rights to
benefits which are or may become due or payable pursuant to this chapter
shall be void; and such rights to benefits shall be exempt from levy,
execution, attachment, or any other remedy whatsoever provided for the
collection of debt; and benefits received by any individual, so long as
they are not mingled with other funds of the recipient, shall be exempt
from any remedy whatsoever for the collection of all debts except debts
incurred for necessaries furnished to such individual or the individual's
spouse or dependents during the time such individual was unemployed. Any
waiver of any exemption provided for in this subsection shall be void;
except that this section shall not apply to:
(a) Support obligations, as defined pursuant to paragraph (g) of
subdivision (2) of this subsection, which are being enforced by a state or
local support enforcement agency against any individual claiming
unemployment compensation pursuant to this chapter; or
(b) Uncollected overissuances (as defined in Section 13(c)(1) of the
Food Stamp Act of 1977) of food stamp coupons;
(2) (a) An individual filing a new claim for unemployment
compensation shall, at the time of filing such claim, disclose whether or
not the individual owes support obligations, as defined pursuant to
paragraph (g) of this subdivision or owes uncollected overissuances of food
stamp coupons (as defined in Section 13(c)(1) of the Food Stamp Act of
1977). If any such individual discloses that he or she owes support
obligations or uncollected overissuances of food stamp coupons, and is
determined to be eligible for unemployment compensation, the division shall
notify the state or local support enforcement agency enforcing the support
obligation or the state food stamp agency to which the uncollected food
stamp overissuance is owed that such individual has been determined to be
eligible for unemployment compensation;
(b) The division shall deduct and withhold from any unemployment
compensation payable to an individual who owes support obligations as
defined pursuant to paragraph (g) of this subdivision or who owes
uncollected food stamp overissuances:
a. The amount specified by the individual to the division to be
deducted and withheld pursuant to this paragraph if neither subparagraph b.
nor subparagraph c. of this paragraph is applicable; or
b. The amount, if any, determined pursuant to an agreement submitted
to the division pursuant to Section 454(20)(B)(i) of the Social Security
Act by the state or local support enforcement agency, unless subparagraph
c. of this paragraph is applicable; or the amount (if any) determined
pursuant to an agreement submitted to the state food stamp agency pursuant
to Section 13(c)(3)(a) of the Food Stamp Act of 1977; or
c. Any amount otherwise required to be so deducted and withheld from
such unemployment compensation pursuant to properly served legal process,
as that term is defined in Section 459(i) of the Social Security Act; or
any amount otherwise required to be deducted and withheld from the
unemployment compensation pursuant to Section 13(c)(3)(b) of the Food Stamp
Act of 1977;
(c) Any amount deducted and withheld pursuant to paragraph (b) of
this subdivision shall be paid by the division to the appropriate state or
local support enforcement agency or state food stamp agency;
(d) Any amount deducted and withheld pursuant to paragraph (b) of
this subdivision shall, for all purposes, be treated as if it were paid to
the individual as unemployment compensation and paid by such individual to
the state or local support enforcement agency in satisfaction of the
individual's support obligations or to the state food stamp agency to which
the uncollected overissuance is owed as repayment of the individual's
uncollected overissuance;
(e) For purposes of paragraphs (a), (b), (c), and (d) of this
subdivision, the term "unemployment compensation" means any compensation
payable pursuant to this chapter, including amounts payable by the division
pursuant to an agreement pursuant to any federal law providing for
compensation, assistance, or allowances with respect to unemployment;
(f) Deductions will be made pursuant to this section only if
appropriate arrangements have been made for reimbursement by the state or
local support enforcement agency, or the state food stamp agency, for the
administrative costs incurred by the division pursuant to this section
which are attributable to support obligations being enforced by the state
or local support enforcement agency or which are attributable to
uncollected overissuances of food stamp coupons;
(g) The term "support obligations" is defined for purposes of this
subsection as including only obligations which are being enforced pursuant
to a plan described in Section 454 of the Social Security Act which has
been approved by the Secretary of Health and Human Services pursuant to
Part D of Title IV of the Social Security Act;
(h) The term "state or local support enforcement agency", as used in
this subsection, means any agency of a state, or political subdivision
thereof, operating pursuant to a plan described in paragraph (g) of this
subdivision;
(i) The term "state food stamp agency" as used in this subsection,
means any agency of a state, or political subdivision thereof, operating
pursuant to a plan described in the Food Stamp Act of 1977;
(j) The director may prescribe the procedures to be followed and the
form and contents of any documents required in carrying out the provisions
of this subsection;
(k) The division shall comply with the following priority when
deducting and withholding amounts from any unemployment compensation
payable to an individual:
a. Before withholding any amount for child support obligations or
uncollected overissuances of food stamp coupons, the division shall first
deduct and withhold from any unemployment compensation payable to an
individual the amount, as determined by the division, owed pursuant to
subsection 12 or 13 of this section;
b. If, after deductions are made pursuant to subparagraph a. of this
paragraph, an individual has remaining unemployment compensation amounts
due and owing, and the individual owes support obligations or uncollected
overissuances of food stamp coupons, the division shall first deduct and
withhold any remaining unemployment compensation amounts for application to
child support obligations owed by the individual;
c. If, after deductions are made pursuant to subparagraphs a. and b.
of this paragraph, an individual has remaining unemployment compensation
amounts due and owing, and the individual owes uncollected overissuances of
food stamp coupons, the division shall deduct and withhold any remaining
unemployment compensation amounts for application to uncollected
overissuances of food stamp coupons owed by the individual.
12. Any person who, by reason of the nondisclosure or
misrepresentation by such person or by another of a material fact, has
received any sum as benefits pursuant to this chapter while any conditions
for the receipt of benefits imposed by this chapter were not fulfilled in
such person's case, or while he or she was disqualified from receiving
benefits, shall, in the discretion of the division, either be liable to
have such sums deducted from any future benefits payable to such person
pursuant to this chapter or shall be liable to repay to the division for
the unemployment compensation fund a sum equal to the amounts so received
by him or her, and such sum shall be collectible in the manner provided in
sections 288.160 and 288.170 for the collection of past due contributions.
13. Any person who, by reason of any error or omission or because of
a lack of knowledge of material fact on the part of the division, has
received any sum of benefits pursuant to this chapter while any conditions
for the receipt of benefits imposed by this chapter were not fulfilled in
such person's case, or while such person was disqualified from receiving
benefits, shall after an opportunity for a fair hearing pursuant to
subsection 2 of section 288.190 have such sums deducted from any further
benefits payable to such person pursuant to this chapter, provided that the
division may elect not to process such possible overpayments where the
amount of same is not over twenty percent of the maximum state weekly
benefit amount in effect at the time the error or omission was discovered.
Recovering overpaid unemployment compensation benefits which are a result
of error or omission on the part of the claimant shall be pursued by the
division through billing and setoffs against state income tax refunds.
14. Any person who has received any sum as benefits under the laws of
another state, or under any unemployment benefit program of the United
States administered by another state while any conditions for the receipt
of benefits imposed by the law of such other state were not fulfilled in
his or her case, shall after an opportunity for a fair hearing pursuant to
subsection 2 of section 288.190 have such sums deducted from any further
benefits payable to such person pursuant to this chapter, but only if there
exists between this state and such other state a reciprocal agreement under
which such entity agrees to recover benefit overpayments, in like fashion,
on behalf of this state.
1999
288.380. 1. Any agreement by a worker to waive, release, or commute
such worker's rights to benefits or any other rights pursuant to this
chapter, or pursuant to an employment security law of any other state or of
the federal government shall be void. Any agreement by a worker to pay all
or any portion of any contributions required shall be void. No employer
shall directly or indirectly make any deduction from wages to finance the
employer's contributions required from him or her, or accept any waiver of
any right pursuant to this chapter by any individual in his or her employ.
2. No employing unit or any agent of an employing unit or any other
person shall make a false statement or representation knowing it to be
false, nor shall knowingly fail to disclose a material fact to prevent or
reduce the payment of benefits to any individual, nor to avoid becoming or
remaining an employer, nor to avoid or reduce any contribution or other
payment required from any employing unit, nor shall willfully fail or
refuse to make any contributions or payments nor to furnish any required
reports nor to produce or permit the inspection or copying of required
records. Each such requirement shall apply regardless of whether it is a
requirement of this chapter, of an employment security law of any other
state or of the federal government.
3. No person shall make a false statement or representation knowing
it to be false or knowingly fail to disclose a material fact, to obtain or
increase any benefit or other payment pursuant to this chapter, or under
an employment security law of any other state or of the federal government
either for himself or herself or for any other person.
4. No person shall without just cause fail or refuse to attend and
testify or to answer any lawful inquiry or to produce books, papers,
correspondence, memoranda, and other records, if it is in such person's
power so to do in obedience to a subpoena of the director, the commission,
an appeals tribunal, or any duly authorized representative of any one of
them.
5. No individual claiming benefits shall be charged fees of any kind
in any proceeding pursuant to this chapter by the division, or by any court
or any officer thereof. Any individual claiming benefits in any proceeding
before the division or a court may be represented by counsel or other duly
authorized agent; but no such counsel or agents shall either charge or
receive for such services more than an amount approved by the division.
6. No employee of the division or any person who has obtained any
list of applicants for work or of claimants for or recipients of benefits
pursuant to this chapter shall use or permit the use of such lists for any
political purpose.
7. Any person who shall willfully violate any provision of this
chapter, or of an employment security law of any other state or of the
federal government or any rule or regulation, the observance of which is
required under the terms of any one of such laws, shall upon conviction be
deemed guilty of a misdemeanor and shall be punished by a fine of not less
than fifty dollars nor more than one thousand dollars, or by imprisonment
in the county jail for not more than six months, or by both such fine and
imprisonment, and each such violation or each day such violation continues
shall be deemed to be a separate offense.
8. In case of contumacy by, or refusal to obey a subpoena issued to,
any person, any court of this state within the jurisdiction of which the
inquiry is carried on, or within the jurisdiction of which the person
guilty of contumacy or refusal to obey is found or resides or transacts
business, upon application by the director, the commission, an appeals
tribunal, or any duly authorized representative of any one of them shall
have jurisdiction to issue to such person an order requiring such person to
appear before the director, the commission, an appeals tribunal or any duly
authorized representative of any one of them, there to produce evidence if
so ordered or there to give testimony touching the matter under
investigation or in question; and any failure to obey such order of the
court may be punished by the court as a contempt thereof.
9. An individual who willfully fails to disclose amounts earned
during any week with respect to which benefits are claimed by him or her,
willfully fails to disclose or has falsified as to any fact which would
have disqualified him or her or rendered him or her ineligible for benefits
during such week, or willfully fails to disclose a material fact or makes a
false statement or representation in order to obtain or increase any
benefit pursuant to this chapter, shall forfeit all of his or her benefit
rights, and all of his or her wage credits accrued prior to the date of
such failure to disclose or falsification shall be canceled, and any
benefits which might otherwise have become payable to him or her subsequent
to such date based upon such wage credits shall be forfeited; except that,
the division may, upon good cause shown, modify such reduction of benefits
and cancellation of wage credits. It shall be presumed that such failure
or falsification was willful in any case in which an individual signs and
certifies a claim for benefits and fails to disclose or falsifies as to any
fact relative to such claim.
10. (1) Any assignment, pledge, or encumbrance of any rights to
benefits which are or may become due or payable pursuant to this chapter
shall be void; and such rights to benefits shall be exempt from levy,
execution, attachment, or any other remedy whatsoever provided for the
collection of debt; and benefits received by any individual, so long as
they are not mingled with other funds of the recipient, shall be exempt
from any remedy whatsoever for the collection of all debts except debts
incurred for necessaries furnished to such individual or the individual's
spouse or dependents during the time such individual was unemployed. Any
waiver of any exemption provided for in this subsection shall be void;
except that this section shall not apply to:
(a) Support obligations, as defined pursuant to paragraph (g) of
subdivision (2) of this subsection, which are being enforced by a state or
local support enforcement agency against any individual claiming
unemployment compensation pursuant to this chapter; or
(b) Uncollected overissuances (as defined in section 13(c)(1) of the
Food Stamp Act of 1977) of food stamp coupons;
(2) (a) An individual filing a new claim for unemployment
compensation shall, at the time of filing such claim, disclose whether or
not the individual owes support obligations, as defined pursuant to
paragraph (g) of this subdivision or owes uncollected overissuances of food
stamp coupons (as defined in section 13(c)(1) of the Food Stamp Act of
1977). If any such individual discloses that he or she owes support
obligations or uncollected overissuances of food stamp coupons, and is
determined to be eligible for unemployment compensation, the division shall
notify the state or local support enforcement agency enforcing the support
obligation or the state food stamp agency to which the uncollected food
stamp overissuance is owed that such individual has been determined to be
eligible for unemployment compensation;
(b) The division shall deduct and withhold from any unemployment
compensation payable to an individual who owes support obligations as
defined pursuant to paragraph (g) of this subdivision or who owes
uncollected food stamp overissuances:
a. The amount specified by the individual to the division to be
deducted and withheld pursuant to this paragraph if neither subparagraph b.
nor subparagraph c. of this paragraph is applicable; or
b. The amount, if any, determined pursuant to an agreement submitted
to the division pursuant to Section 454(20)(B)(i) of the Social Security
Act by the state or local support enforcement agency, unless subparagraph
c. of this paragraph is applicable; or the amount (if any) determined
pursuant to an agreement submitted to the state food stamp agency pursuant
to Section 13(c)(3)(a) of the Food Stamp Act of 1977; or
c. Any amount otherwise required to be so deducted and withheld from
such unemployment compensation pursuant to properly served legal process,
as that term is defined in Section 459(i) of the Social Security Act; or
any amount otherwise required to be deducted and withheld from the
unemployment compensation pursuant to Section 13(c)(3)(b) of the Food Stamp
Act of 1977;
(c) Any amount deducted and withheld pursuant to paragraph (b) of
this subdivision shall be paid by the division to the appropriate state or
local support enforcement agency or state food stamp agency;
(d) Any amount deducted and withheld pursuant to paragraph (b) of
this subdivision shall, for all purposes, be treated as if it were paid to
the individual as unemployment compensation and paid by such individual to
the state or local support enforcement agency in satisfaction of the
individual's support obligations or to the state food stamp agency to which
the uncollected overissuance is owed as repayment of the individual's
uncollected overissuance;
(e) For purposes of paragraphs (a), (b), (c), and (d) of this
subdivision, the term "unemployment compensation" means any compensation
payable pursuant to this chapter, including amounts payable by the division
pursuant to an agreement pursuant to any federal law providing for
compensation, assistance, or allowances with respect to unemployment;
(f) Deductions will be made pursuant to this section only if
appropriate arrangements have been made for reimbursement by the state or
local support enforcement agency, or the state food stamp agency, for the
administrative costs incurred by the division pursuant to this section
which are attributable to support obligations being enforced by the state
or local support enforcement agency or which are attributable to
uncollected overissuances of food stamp coupons;
(g) The term "support obligations" is defined for purposes of this
subsection as including only obligations which are being enforced pursuant
to a plan described in Section 454 of the Social Security Act which has
been approved by the Secretary of Health and Human Services pursuant to
Part D of Title IV of the Social Security Act;
(h) The term "state or local support enforcement agency", as used in
this subsection, means any agency of a state, or political subdivision
thereof, operating pursuant to a plan described in paragraph (g) of this
subdivision;
(i) The term "state food stamp agency" as used in this subsection,
means any agency of a state, or political subdivision thereof, operating
pursuant to a plan described in the Food Stamp Act of 1977;
(j) The director may prescribe the procedures to be followed and the
form and contents of any documents required in carrying out the provisions
of this subsection;
(k) The division shall comply with the following priority when
deducting and withholding amounts from any unemployment compensation
payable to an individual:
a. Before withholding any amount for child support obligations or
uncollected overissuances of food stamp coupons, the division shall first
deduct and withhold from any unemployment compensation payable to an
individual the amount, as determined by the division, owed pursuant to
subsection 11 or 12 of this section;
b. If, after deductions are made pursuant to subparagraph a. of
paragraph (k) of this subdivision, an individual has remaining unemployment
compensation amounts due and owing, and the individual owes support
obligations or uncollected overissuances of food stamp coupons, the
division shall first deduct and withhold any remaining unemployment
compensation amounts for application to child support obligations owed by
the individual;
c. If, after deductions are made pursuant to subparagraphs a. and b.
of paragraph (k) of this subdivision, an individual has remaining
unemployment compensation amounts due and owing, and the individual owes
uncollected overissuances of food stamp coupons, the division shall deduct
and withhold any remaining unemployment compensation amounts for
application to uncollected overissuances of food stamp coupons owed by the
individual.
11. Any person who, by reason of the nondisclosure or
misrepresentation by such person or by another of a material fact, has
received any sum as benefits pursuant to this chapter while any conditions
for the receipt of benefits imposed by this chapter were not fulfilled in
such person's case, or while he or she was disqualified from receiving
benefits, shall, in the discretion of the division, either be liable to
have such sums deducted from any future benefits payable to such person
pursuant to this chapter or shall be liable to repay to the division for
the unemployment compensation fund a sum equal to the amounts so received
by him or her, and such sum shall be collectible in the manner provided in
sections 288.160 and 288.170 for the collection of past due contributions.
12. Any person who, by reason of any error or omission or because of
a lack of knowledge of material fact on the part of the division, has
received any sum of benefits pursuant to this chapter while any conditions
for the receipt of benefits imposed by this chapter were not fulfilled in
such person's case, or while such person was disqualified from receiving
benefits, shall after an opportunity for a fair hearing pursuant to
subsection 2 of section 288.190 have such sums deducted from any further
benefits payable to such person pursuant to this chapter, provided that the
division may elect not to process such possible overpayments where the
amount of same is not over twenty percent of the maximum state weekly
benefit amount in effect at the time the error or omission was discovered.
Recovering overpaid unemployment compensation benefits which are a result
of error or omission on the part of the claimant shall be pursued by the
division through billing and setoffs against state income tax refunds.
13. Any person who has received any sum as benefits under the laws of
another state, or under any unemployment benefit program of the United
States administered by another state while any conditions for the receipt
of benefits imposed by the law of such other state were not fulfilled in
his or her case, shall after an opportunity for a fair hearing pursuant to
subsection 2 of section 288.190 have such sums deducted from any further
benefits payable to such person pursuant to this chapter, but only if there
exists between this state and such other state a reciprocal agreement under
which such entity agrees to recover benefit overpayments, in like fashion,
on behalf of this state.
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