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2012 SESSION

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HB 939 Accounts, Department of; recovery of erroneous or improper payments to state officer or employee.

Introduced by: L. Scott Lingamfelter | all patrons    ...    notes | add to my profiles

SUMMARY AS PASSED HOUSE: (all summaries)

Department of Accounts; recovery of erroneous or improper payments to state employee.  Provides that when a state officer or employee receives compensation or payments in error such officer or employee will be liable for repayment unless the state officer or employee proves by a preponderance of the evidence that the recipient officer or employee was not at fault for the error and did not have actual knowledge of or could not have reasonably detected the error. The bill provides that if the officer or employee (i) does not dispute liability, (ii) receives overpayments stemming from erroneous good faith under-withholdings for retirement or other benefits, (iii) receives overpayments of less than $500 from erroneous good faith wage, salary, or expense reimbursements, or (iv) is determined to be liable by a court of competent jurisdiction, then the employer shall be authorized to use payroll deductions limited to 25 percent of disposal earnings to effect repayment. If the officer or employee leaves state service, liability is disputed, or recovery cannot otherwise be accomplished, the employer shall request the Attorney General to bring an action for restitution.


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