Oregon Statutes 657.315 – Deduction of benefits paid in error not due to recipient fault; director discretion; civil action by director
(1)(a) If the Director of the Employment Department decides that an individual has been paid benefits to which the individual is not entitled because of an error not due to the individual providing a false statement or misrepresentation of a material fact or not disclosing a material fact, or because an initial decision to pay benefits is subsequently reversed by a decision finding the individual is not eligible for the benefits, the individual is liable to have the amount deducted from any future benefits otherwise payable to the individual under this chapter or the equivalent law of another state for any week or weeks within five years following the week in which the decision establishing the erroneous payment became final.
Terms Used In Oregon Statutes 657.315
- Benefits: means the money allowances payable to unemployed persons under this chapter. See Oregon Statutes 657.010
- employment: includes service that is:
(a) Subject to the tax imposed by the Federal Unemployment Tax Act; or
(b) Required to be covered under this chapter as a condition for employers to receive a full tax credit against the tax imposed by the Federal Unemployment Tax Act. See Oregon Statutes 657.030
- Week: means any period of seven consecutive calendar days ending at midnight, as the director may prescribe by rule. See Oregon Statutes 657.010
(b) For purposes of paragraph (a) of this subsection, the director may deduct all or any part of the individual’s future weekly benefits.
(c) Any notice provided to an individual of the individual’s liability for recovery of benefits under this section must include a description of:
(A) The basis for the director’s decision that benefits have been overpaid; and
(B) The consequences of the overpayment, including recovery of the overpaid amount and the possibility of waiver under ORS § 657.317.
(2) Subject to ORS § 657.269 and 657.270, a decision of the director under this section does not authorize the recovery of the amount of any benefits paid to an individual until the decision is final.
(3) The director may bring a civil action against an individual to recover amounts paid to the individual in excess of the maximum benefits allowable pursuant to this chapter. [Amended by 1971 c.77 § 2; 1975 c.284 § 3; 1977 c.400 § 6; 1993 c.778 § 18; 2005 c.182 § 4; 2013 c.703 § 2; 2015 c.530 § 1; 2021 c.388 § 2]