Added by Stats. 1955, Ch. 1153.
Any person who is overpaid any amount as benefits under this part is liable for the amount overpaid unless:
California Unemployment Insurance Code — §§ 2735-2742
Added by Stats. 1955, Ch. 1153.
Any person who is overpaid any amount as benefits under this part is liable for the amount overpaid unless:
Added by Stats. 1985, Ch. 1211, Sec. 5.
If the director finds that an individual has been overpaid unemployment compensation disability benefits because he or she willfully, for the purpose of obtaining unemployment compensation disability benefits, either made a false statement or representation, with actual knowledge of the falsity thereof, or withheld a material fact, the director shall assess against the individual an amount equal to 30 percent of the overpayment amount. For the purpose of collection, an assessment made pursuant to this section may be treated as an overpayment. Assessments collected under this section shall be deposited in the Unemployment Compensation Disability Fund. No penalty under this section shall be assessed with regard to any false statement or representation made prior to January 1, 1986.
Amended by Stats. 1967, Ch. 1484.
No claim of overpayment shall be based upon the disallowance by the Workmen’s Compensation Appeals Board of a claim of lien filed under Section 4903 of the Labor Code, or the allowance of such lien for less than the amount claimed, or upon the approval by the said appeals board of a compromise and release agreement providing for the allowance of such lien in an amount less than the claim.
Amended by Stats. 2022, Ch. 67, Sec. 31. (SB 191) Effective June 30, 2022.
The Director of Employment Development shall determine the amount of the overpayment and shall notify the recipient of the basis of the overpayment determination. In the absence of fraud, misrepresentation or willful nondisclosure, notice of the overpayment determination shall be served on the recipient within two years after the beginning of the disability benefit period for which the overpayment was made.
Amended (as added by Stats. 2016, Ch. 276, Sec. 8) by Stats. 2017, Ch. 561, Sec. 250. (AB 1516) Effective January 1, 2018. Section operative March 1, 2018, by its own provisions.
the appeals board may be extended for good cause.
Amended by Stats. 1965, Ch. 266.
The Appeals Board shall review an appeal from an overpayment determination as provided in Sections 1336 and 1337 and determine what amount, if any, shall be recovered.
Amended by Stats. 2022, Ch. 67, Sec. 32. (SB 191) Effective June 30, 2022.
The Director of Employment Development, subject to this article, may do any or all of the following in the recovery of overpayments of disability benefits:
court in the county in which the claimant resides, a certificate containing all of the following:
The clerk, immediately upon filing of the certificate, shall enter a judgment for the State of California against the liable person in the amount set forth in the certificate.
For purposes of this subdivision only, an
overpayment is final and due and payable after one of the following:
the overpayment received by the liable person against any amount of disability benefits to which they may become entitled under this division within six years of the date of service of the notice of overpayment determination.
Added by Stats. 1989, Ch. 1010, Sec. 10.
An abstract of judgment obtained pursuant to subdivision (a) or (b) of Section 2739, or a copy thereof, may be recorded with the county recorder of any county. From the time of recording, the judgment shall constitute a lien against all real or personal property of the liable person in that county owned by the liable person at the time, or which the liable person may afterwards, but before the lien expires, acquire. The lien shall have the force, effect, and priority of a judgment lien and shall continue for 10 years from the time of recording of the abstract of judgment obtained pursuant to subdivision (a) or (b) of Section 2739, unless sooner released or otherwise discharged.
The lien may, within 10 years from the date of recording of the abstract of judgment or within 10 years from the date of the last extension of the lien in the manner provided, be extended by recording a new abstract in the office of the county recorder of any county. From the date of the recording, the lien shall be extended for 10 years unless sooner released or otherwise discharged.
Execution shall issue upon the judgment upon request of the director in the same manner as execution may issue upon other judgments. Sales shall be held under the execution as prescribed in the Code of Civil Procedure. In all proceedings under this section, the director or his or her authorized agents may act on behalf of the state.
Added by Stats. 1989, Ch. 1010, Sec. 11.
Added by Stats. 1987, Ch. 226, Sec. 3.
Notwithstanding any other provision of law to the contrary, the Franchise Tax Board shall aid the director in the recovery of overpayments of disability benefits through the exchange of information.
Amended by Stats. 1984, Ch. 537, Sec. 44.
No person shall be liable for the amount of benefits received where the benefits were paid pursuant to an administrative law judge’s decision which affirmed an initial determination or in accordance with a final decision of the appeals board, regardless of any further appeal.
Amended by Stats. 1967, Ch. 1484.
Any claim of lien filed with the Workmen’s Compensation Appeals Board under the provisions of Section 4903 of the Labor Code shall be fully discharged and satisfied by payment of the amount of such lien allowed by the said appeals board under the provisions of Section 4904 of said code or the amount specified in any compromise and release agreement filed and approved by the said appeals board pursuant to Sections 5000 through 5004 of said code.
Amended by Stats. 1989, Ch. 1010, Sec. 12.
The director shall enforce collection of any judgment obtained by him or her under subdivision (a) or subdivision (b), or both, of Section 2739. Amounts collected under this section shall be deposited in the fund from which the overpayment was made.