Oregon Statutes 657.317 – Waiver of recovery of overpaid benefits; director discretion; liability extinguished
(1) The Director of the Employment Department shall waive recovery of overpaid benefits under ORS § 657.315 if the director finds that the benefits are recoverable due to a change in federal or state law, the application of which has caused the disqualification of benefits previously paid.
Terms Used In Oregon Statutes 657.317
- 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
(2)(a) Except as provided in paragraph (b) of this subsection, the director may waive recovery of all or any part of overpaid benefits subject to repayment or deduction under ORS § 657.310 (1) or 657.315 (1) if the director finds that recovery of the benefits would be against equity and good conscience.
(b) The director may not waive recovery under this subsection of overpaid benefits that are subject to the penalty imposed under ORS § 657.310 (2).
(3) The director may waive establishment and recovery of overpaid benefits when no decision has been issued under ORS § 657.310 or 657.315 and the amount of the overpayment is less than one-half of the maximum weekly benefit amount in effect at the time the overpayment is discovered.
(4) Any waiver granted under this section extinguishes all liability of the debtor for the waived amounts. [1983 c.528 6,7; 1995 c.105 § 7; 2011 c.514 § 1; 2021 c.388 § 3]