5 U.S.C. § 8507 — False statements and misrepresentations
submitted 60 years ago by Pub. L. 89-554 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 226 words · no verdicts yet
If someone lies or hides facts to get unemployment compensation they do not deserve, they must repay it. The state agency or Secretary can instead deduct the amount from future payments over two years. A state agency or the Secretary may make the finding only after an opportunity for a fair hearing, and repaid money goes back to the fund it came from.
(a) If a state agency, the Secretary of Labor, or a court finds that someone (1) knowingly made a false statement, caused someone else to make one, knowingly failed to disclose an important fact, or caused someone else to fail to disclose one, and (2) as a result got unemployment compensation they weren't entitled to, that person must repay the amount to the state agency or the Secretary. Instead of demanding repayment all at once, the state agency or Secretary may instead take the money back gradually, by deducting it from the person's future compensation payments over the two years after the finding is made. A State agency or the Secretary of Labor may make the finding only after the person has had an opportunity for a fair hearing. The finding is subject to any further review that may be appropriate under sections 8502(d) and 8503(c) of this title. A court's finding is not covered by this fair-hearing requirement.
(b) Any amount repaid under subsection (a) goes back to where it came from: if it was repaid to a state agency, it's deposited into the fund that originally paid it out; if it was repaid to the Secretary, it goes back to the U.S. Treasury and is credited to the appropriation, fund, or account that made the original payment.
If a State agency, the Secretary of Labor, or a court of competent jurisdiction finds that an individual—
knowingly has made, or caused to be made by another, a false statement or representation of a material fact, or knowingly has failed, or caused another to fail, to disclose a material fact; and
as a result of that action has received an amount as compensation under this subchapter to which he was not entitled;
the individual shall repay the amount to the State agency or the Secretary. Instead of requiring repayment under this subsection, the State agency or the Secretary may recover the amount by deductions from compensation payable to the individual under this subchapter during the 2-year period after the date of the finding. A finding by a State agency or the Secretary may be made only after an opportunity for a fair hearing, subject to such further review as may be appropriate under sections 8502(d) and 8503(c) of this title.
An amount repaid under subsection (a) of this section shall be—
deposited in the fund from which payment was made, if the repayment was to a State agency; or
returned to the Treasury of the United States and credited to the current applicable appropriation, fund, or account from which payment was made, if the repayment was to the Secretary.
Source credit: (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 590.)
- 1966Enacted · Pub. L. 89-554 · 80 Stat. 590
A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-554 on 1966-09-06.
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