HB 939 Accounts, Department of; recovery of erroneous or improper payments to state officer or employee.
L. Scott Lingamfelter | all patrons    ...    notes
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Summary as passed House:

Department of Accounts; recovery of erroneous or improper payments to state employee.  Provides that when a state officer or employee receives compensation or payments in error such officer or employee will be liable for repayment unless the state officer or employee proves by a preponderance of the evidence that the recipient officer or employee was not at fault for the error and did not have actual knowledge of or could not have reasonably detected the error. The bill provides that if the officer or employee (i) does not dispute liability, (ii) receives overpayments stemming from erroneous good faith under-withholdings for retirement or other benefits, (iii) receives overpayments of less than $500 from erroneous good faith wage, salary, or expense reimbursements, or (iv) is determined to be liable by a court of competent jurisdiction, then the employer shall be authorized to use payroll deductions limited to 25 percent of disposal earnings to effect repayment. If the officer or employee leaves state service, liability is disputed, or recovery cannot otherwise be accomplished, the employer shall request the Attorney General to bring an action for restitution.


Summary as introduced:
Department of Accounts; recovery of erroneous or improper payments to state employee.  Provides that when a state officer or employee receives compensation or payments in error that such officer or employee will not be liable for repayment if the recipient officer or employee was not at fault for the error and did not have actual knowledge of or could not have reasonably detected the error. The bill also authorizes the employer (i) to seek, with the approval of the Attorney General and Governor, compromise and settlement in the case of erroneous overpayments, and (ii) to use payroll deductions limited to 25 percent of disposal earnings to effect repayment. In addition, the bill requires the employer to waive any repayment that would cause hardship if it is determined that such improper payment occurred through no fault of the recipient officer or employee and such officer or employee  did not have actual knowledge of or could not have reasonably detected the error.