ORS 657.310
Repayment or deduction of benefits paid due to misrepresentation by recipient

  • director discretion
  • penalty for fraud
  • time limits on collection
  • civil action by director
  • disposition of amounts collected
  • rules

(1)

Intentionally left blank —Ed.

(a)

If the Director of the Employment Department decides that an individual received any benefits under this chapter to which the individual is not entitled because the individual, regardless of the individual’s knowledge or intent, made or caused to be made a false statement or misrepresentation of a material fact, or failed to disclose a material fact, the individual is liable:

(A)

To repay the amount of the benefits to the director for the Unemployment Compensation Trust Fund; or

(B)

To have the amount of the benefits deducted from any future benefits otherwise payable to the individual under this chapter.

(b)

For purposes of paragraph (a)(B) of this subsection, the director may deduct all or any part of the individual’s future weekly benefits.

(c)

Except as provided in subsection (2)(b) of this section, benefits described in paragraph (a) of this subsection may be collected for any week or weeks within five years following the week in which the decision establishing the erroneous payment became final.

(d)

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 the methods of recovery of the overpaid amount, with interest and penalties, and the possibility of waiver under ORS 657.317 (Waiver of recovery of overpaid benefits).

(2)

Intentionally left blank —Ed.

(a)

In addition to the liability described in subsection (1) of this section, an individual who has been disqualified for benefits under ORS 657.215 (Disqualification for misrepresentation) is liable for a penalty imposed at a rate prescribed by the director of at least 15, but not greater than 30, percent of the amount of benefits the individual received to which the individual was not entitled.

(b)

Notwithstanding subsection (1)(c) of this section, overpaid benefits that are subject to the penalty imposed under this subsection may be collected at any time.

(3)

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 and the decision specifies:

(a)

That the individual, by reason of the false statement, misrepresentation or nondisclosure, is liable to repay the amount to the Unemployment Compensation Trust Fund;

(b)

The nature of the false statement, misrepresentation or nondisclosure; and

(c)

The week or weeks for which the benefits were paid.

(4)

Intentionally left blank —Ed.

(a)

The director may bring a civil action against an individual to collect any amount subject to recovery and any penalty due under this section.

(b)

Judgment rendered shall bear interest at the rate provided in subsection (5) of this section.

(5)

Interest on any amount liable to be repaid under this section shall be paid and collected at the same time repayment of benefits is made by the individual, at the rate of one percent per month or fraction of a month, beginning on the first day of the month following 60 days after the finality of the administrative decision establishing the overpayment.

(6)

Intentionally left blank —Ed.

(a)

Deductions from unemployment insurance benefits pursuant to subsection (1)(a)(B) of this section shall be applied solely to the amount of the benefits liable to be repaid under this section.

(b)

All other payments shall be applied first to court costs, then to penalties, then to interest, then to the amount liable to be repaid.

(7)

Intentionally left blank —Ed.

(a)

The following amounts collected under this section shall be paid into the Unemployment Compensation Trust Fund:

(A)

Amounts in repayment of benefits; and

(B)

The portion of penalties imposed under subsection (2) of this section that is 15 percent of the amount of benefits received.

(b)

The following amounts collected under this section shall be paid into the Employment Department Special Fraud Control Fund in accordance with the provisions of ORS 657.400 (Employment Department Special Fraud Control Fund):

(A)

Interest other than interest described in paragraph (c) of this subsection; and

(B)

The portion of penalties imposed under subsection (2) of this section that remains after subtraction of the portion of penalties described in paragraph (a)(B) of this subsection.

(c)

Interest payable on any portion of benefits that were funded by the federal government shall be paid to the United States Department of Labor.

(8)

The director shall adopt rules establishing standards and procedures for the repayment of benefits and payment of penalties and interest under this section. [Amended by 1963 c.14 §1; 1997 c.372 §1; 2005 c.182 §3; 2007 c.87 §2; 2013 c.703 §1; 2021 c.388 §1]
Note: Section 4, chapter 388, Oregon Laws 2021, provides:
Sec. 4. The amendments to ORS 657.310 (Repayment or deduction of benefits paid due to misrepresentation by recipient), 657.315 (Deduction of benefits paid in error not due to recipient fault) and 657.317 (Waiver of recovery of overpaid benefits) by sections 1 to 3 of this 2021 Act apply to benefits determined to have been overpaid before, on or after the effective date of this 2021 Act [June 23, 2021]. [2021 c.388 §4]

Source: Section 657.310 — Repayment or deduction of benefits paid due to misrepresentation by recipient; director discretion; penalty for fraud; time limits on collection; civil action by director; disposition of amounts collected; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors657.­html.

Notes of Decisions

Where weekly claim forms provided by Employment Division asked claimant to report income-producing work done during reporting period, claimant did not make material misrepresentation in not reporting assisting wife on farm, because he received no remuneration. Shaffer v. Employment Division, 33 Or App 537, 577 P2d 85 (1978)

There was substantial evidence to support finding that petitioner was not unemployed during weeks in question and, under this section, he was required to repay benefits received even though he claimed compensation received was for his son’s benefit. Cook v. Employment Div., 47 Or App 437, 614 P2d 1193 (1980), Sup Ct review denied

Restitution is criminal sanction and not intended to be equivalent of civil award and, although defendant satisfied restitution ordered as part of sentence on conviction for theft involving unlawful obtainment of unemployment benefits, that determination did not collaterally estop plaintiff, administrator of Employment Division, from bringing civil action for recovery of unlawfully obtained benefits because issue resolved in criminal case was not same as issue to be resolved in civil case. Thorne v. Gay, 92 Or App 251, 758 P2d 380 (1988)

Decision regarding liability for overpayment “has become final” for purposes of allowing Employment Department to seek repayment notwithstanding that ruling regarding existence of misrepresentation is on appeal. Employment Dept. v. Clark, 187 Or App 431, 67 P3d 991 (2003)

657.005
Short title
657.007
Conflict with state law
657.010
Definitions
657.015
Employee
657.020
Employing unit
657.025
Employer
657.030
Employment generally
657.035
Employment
657.040
Employment
657.043
Employment
657.044
Employment
657.045
Employment
657.046
Employment
657.047
Employment
657.050
Employment
657.053
Employment
657.056
Employment
657.060
Employment
657.065
Employment
657.067
Employment
657.072
Employment
657.075
Employment
657.078
Employment
657.080
Employment
657.085
Employment
657.087
Employment
657.088
Employment
657.090
Employment
657.091
Employment
657.092
Employment
657.093
Employment
657.094
Employment
657.095
Payroll
657.097
Political subdivision
657.100
Unemployment
657.105
Wages
657.115
Wages
657.117
Wages
657.120
Wages
657.125
Wages
657.130
Wages
657.135
Wages
657.140
Wages
657.142
Inclusion of split week in calendar quarter
657.144
Notice to individual of effect of filing claim for benefits
657.146
Withholding from benefits for tax purposes
657.148
Compliance with federal requirements for collection and payment of federal taxes
657.150
Amount of benefits
657.152
Adjusting benefits to even dollar amounts
657.153
Back pay not to be reduced by benefits received
657.155
Benefit eligibility conditions
657.156
Reemployment service assistance
657.158
Self-employment assistance
657.159
Claimants required to submit job qualifications to Oregon State Employment Service
657.165
Waiting period eligibility, condition, limitation
657.167
Amount and time period for payment of benefits to educational institution employees
657.170
Extending base year
657.173
Alternate base year
657.176
Grounds and procedure for disqualification
657.179
Eligibility of individuals participating in certain federally approved training
657.184
Benefits payable for service by aliens
657.186
Benefits payable for service by athletes
657.190
Suitable work
657.195
Suitable work
657.200
Labor dispute disqualification
657.202
Temporary lockout benefits
657.205
Deduction of retirement pay
657.210
Disqualification in other jurisdictions
657.213
Ineligibility for benefits upon conviction of fraud in obtaining benefits
657.215
Disqualification for misrepresentation
657.221
Ineligibility for benefits of certain educational institution employees
657.255
Method of payment of benefits
657.260
Filing claims for benefits
657.262
Information provided by public employer to employees
657.265
Notice of claim filing to employing unit or agent of employing unit
657.266
Initial determination of eligibility and amount of benefits
657.267
Allowing or denying claim
657.268
Filing information on issues not previously decided
657.269
Decision final unless hearing requested
657.270
Hearing upon decision
657.273
Restriction on use of findings, orders and judgments in other proceedings
657.275
Review by Employment Appeals Board
657.280
General procedure and records concerning disputed claims
657.282
Judicial review of decisions under ORS 657.275
657.290
Continuous jurisdiction of director
657.295
Witness fees
657.300
False statements or failure to report material fact by employer
657.306
Combining decision on claim for benefits with decision on recovery of benefits
657.310
Repayment or deduction of benefits paid due to misrepresentation by recipient
657.312
Offset of moneys owed to debtor by federal and state governments against certain benefit overpayments
657.315
Deduction of benefits paid in error not due to recipient fault
657.317
Waiver of recovery of overpaid benefits
657.320
Cancellation of unrecoverable benefits
657.321
Definitions for ORS 657.321 to 657.329
657.323
ORS 657.321 to 657.329 supersede inconsistent provisions of this chapter
657.325
Extended benefits
657.326
Adjustment of extended benefits to be received when benefit year ends within extended benefit period
657.327
Notice of effectiveness of extended benefits
657.328
Eligibility period adopted by rule
657.329
Applicability of ORS 657.321 to 657.329
657.331
“Additional benefits” and “additional benefit period” defined
657.332
Eligibility for benefits
657.333
Charging employer’s account for benefits
657.334
Limitation on period for which benefits paid
657.335
Definitions for ORS 657.335 to 657.360
657.340
Eligibility for benefits
657.345
Approval of programs by director
657.350
Rules for administering training program
657.355
Denial of benefits to trainees subject to review
657.357
Apprenticeship program participants eligible for benefits
657.360
When employer charged for benefits
657.370
Definitions for ORS 657.370 to 657.390
657.375
Plan applications
657.380
Eligibility of employees
657.385
Method of paying benefits
657.390
Employer charged for benefits in same manner as for regular or extended benefits
657.392
Benefits subject to recovery as lien on real or personal property
657.394
Filing of lien statement or warrant
657.396
Alternative remedies for collection of amounts liable to be repaid
657.398
Release, compromise or satisfaction of lien
657.400
Employment Department Special Fraud Control Fund
657.405
“Computation date” defined for ORS 657.430 to 657.463 and 657.471 to 657.485
657.410
Minimum wage for employee without fixed wage
657.415
When employer ceases to be subject to this chapter
657.425
Election of coverage for services that do not constitute employment as defined in this chapter
657.430
Tax rates based on experience
657.435
Base rate for first year
657.439
Wage Security Program funding
657.457
Penalty when employer fails to file contribution reports and pay contributions when due
657.458
Definitions for employer tax rate computations
657.459
Computation of Fund Adequacy Percentage Ratio
657.462
Computation of benefit ratio
657.463
Tax rate schedules
657.467
Amounts included in fund adequacy percentage ratio computations
657.471
Manner of charging benefits to employer
657.473
Statement of benefits charged to employer’s account
657.475
Where a number of the same workers are normally employed by several employers
657.477
Related corporations as common paymaster
657.480
Effect of transfer of trade or business
657.485
Notice of rate
657.487
Judicial review of decisions under ORS 657.485
657.490
Employer or employee has no prior right to employer’s contributions
657.495
Fraud in lowering contributions
657.504
Applicability of noncharging provisions
657.505
Payment of and liability for taxes
657.507
Employer’s security for payment of contributions
657.508
Failure to comply with ORS 657.507
657.509
Taxes from political subdivisions and people’s utility districts
657.510
Refunds
657.513
Political subdivision contribution payments from Local Government Employer Benefit Trust Fund
657.515
Delinquent taxes
657.516
Liability of certain officers, members, partners and employees for amounts in default
657.517
Authority of director to compromise or adjust debts or overpayments
657.520
Claims for contribution preferred
657.525
Lien on subjects and products of labor for which contributions are due
657.530
Lien on property used in connection with employment on which contributions are due
657.535
Liens under ORS 657.525 or 657.530
657.540
Lien on property of defaulting employer
657.542
Filing liens and warrants with Secretary of State
657.545
Release of ORS 657.540 lien by filing security
657.552
Limitations on notices of assessment and on actions to collect contributions, interest and penalties
657.555
Authority to release, compromise or satisfy liens
657.557
Remedies for collection of contributions not exclusive
657.560
Joining director in actions involving title of property subject to director’s lien
657.565
Unlawful practices of employer
657.571
Quarterly or annual tax report
657.575
Repayment of default by nonprofit employing unit
657.601
Employment Department
657.608
Director
657.610
Director
657.615
Investigations and recommendations to legislature
657.620
Determination of adequate fund reserve
657.625
Publication of rules, reports and information on Employment Department law
657.630
Quasi-judicial powers in administrative hearings
657.635
Circuit court to enforce obedience to subpoenas
657.640
Attorney General to represent director
657.642
Alternative remedies for collection of taxes, interest and penalties
657.646
Use of warrant to collect amount of judgment
657.652
Certificate as evidence in proceeding
657.655
Certified copies of records as evidence
657.657
Acquisition of land and offices
657.660
Records and reports of employing units
657.663
Penalty for failure by employer to file reports
657.665
Confidentiality of information
657.673
Disclosure of wage information to consumer reporting agency
657.676
Reconsideration of determinations
657.679
Determination that employing unit or employment is subject to this chapter
657.681
Computation and assessment of employer contributions and interest
657.682
Assessments against reorganized business entity
657.683
Hearings on actions under ORS 657.480, 657.679, 657.681 and 657.682
657.684
Judicial review of decisions under ORS 657.683
657.685
Employment Appeals Board
657.690
Employment Appeals Board powers
657.695
Employment Department Advisory Council
657.700
Special councils for program development
657.702
Department to encourage volunteering
657.705
Oregon State Employment Service
657.710
Free public employment offices
657.715
Wagner-Peyser Act accepted
657.720
Cooperation with federal agencies, political subdivisions or private organizations in maintaining public employment service
657.725
Employment districts
657.730
Workforce and labor market information system
657.734
Performance Reporting Information System
657.747
Department to inform employer and United States Department of Labor of employer’s noncompliance with certain federal requirements regarding federal forest maintenance activity
657.749
Department actions when certain forest maintenance activity jobs listed
657.755
Cooperation with federal agencies administering unemployment insurance laws
657.757
Cooperation with federal agencies administering training or retraining programs and other assistance
657.760
Reciprocal agreements on coverage and collection of contributions
657.765
Reciprocal agreements concerning payroll taxes for out-of-state work
657.770
Reciprocal agreements concerning wages used as basis for benefits
657.775
Cooperation with other states on reciprocal basis for collection of contributions
657.780
Agreements with governmental agencies to withhold benefits for child support obligations
657.783
Supplemental Employment Department Administration Fund
657.785
Agreement for Interstate Reciprocal Overpayment Recovery Arrangement
657.805
Unemployment Compensation Trust Fund
657.807
Advances, under title XII of Social Security Act, to Unemployment Compensation Trust Fund
657.810
Deposit and use of fund
657.812
Use of moneys credited to Unemployment Trust Fund by Secretary of the Treasury
657.813
Use of moneys made available under Social Security Act for administrative expenses
657.815
Unemployment Compensation Benefit Fund
657.820
Unemployment Compensation Administration Fund
657.822
Employment Department Special Administrative Fund
657.823
Employment Tax Guarantee Fund
657.825
Expenditure of federal funds
657.830
State Treasurer as custodian of funds
657.840
Federal Advance Interest Repayment Fund
657.855
Benefits not assignable
657.860
Agreement of employee to pay contributions void
657.865
No vested rights
657.870
When operation of this chapter ceases
657.875
Extending period for appeal in certain claim and contribution matters
657.880
Health care coverage for unemployed individuals
657.885
“Health care coverage” defined
657.895
Unemployment compensation programs under federal authority
657.990
Penalties
Green check means up to date. Up to date