Sec. 3. If an overpayment of benefits is created by a retroactive payment by the employer for:

(1) awards by the National Labor Relations Board of additional pay, backpay, or for loss of employment;

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Terms Used In Indiana Code 22-4-13-3

  • benefits: means the money payments payable to an eligible individual as provided in this article with respect to his unemployment. See Indiana Code 22-4-2-1
  • employment: includes service performed by a driver who provides drive away operations when the services are being performed by an individual who is in the employ of a state or local government entity or federally recognized Indian tribe as defined in Section 3306(c)(7) of the Federal Unemployment Tax Act (Indiana Code 22-4-8-3.6
(2) any payments made under an agreement entered into by an employer, either a union or an employee, and the National Labor Relations Board; or

(3) payments to an employee by an employing unit made pursuant to the terms and provisions of the Fair Labor Standards Act;

and the employer offsets all or part of the overpaid benefits against the award, the employer shall remit the amount offset to the division.

As added by P.L.20-1986, SEC.8.