Sec. 31-273. Overpayments; recovery and penalties. False or misleading declarations, statements or representations. Additional violations and penalties.
               	 		
      Sec. 31-273. Overpayments; recovery and penalties. False or misleading declarations, statements or representations. Additional violations and penalties. (a) 
Any person who, through error, has received any sum as benefits under this chapter 
while any condition for the receipt of benefits imposed by this chapter was not fulfilled 
in his case, or has received a greater amount of benefits than was due him under this 
chapter, shall be charged with an overpayment of a sum equal to the amount so overpaid 
to him, provided such error has been discovered and brought to his attention within one 
year of the date of receipt of such benefits. A person whose receipt of such a sum was 
not due to fraud, wilful misrepresentation or wilful nondisclosure by himself or another 
shall be entitled to a hearing before an examiner designated by the administrator. Such 
examiner shall determine whether: (A) Such person shall repay such sum to the administrator for the Unemployment Compensation Fund, (B) such sum shall be recouped by 
offset from such person's unemployment benefits, or (C) repayment or recoupment of 
such sum would defeat the purpose of the benefits or be against equity and good conscience and should be waived. In any case where the examiner determines that such 
sum shall be recouped by offset from a person's unemployment benefits, the deduction 
from benefits shall not exceed fifty per cent of the person's weekly benefit amount. 
Where such offset is insufficient to recoup the full amount of the overpayment, the 
claimant shall repay the remaining amount in accordance with a repayment schedule as 
determined by the examiner. If the claimant fails to repay according to the schedule, 
the administrator may recover such overpayment through a wage execution against the 
claimant's earnings upon his return to work in accordance with the provisions of section 
52-361a. Any person with respect to whom a determination of overpayment has been 
made, according to the provisions of this subsection, shall be given notice of such determination and the provisions for repayment or recoupment of the amount overpaid. No 
repayment shall be required and no deduction from benefits shall be made until the 
determination of overpayment has become final. The determination of overpayment 
shall be final unless the claimant, within twenty-one days after notice of such determination was mailed to him at his last-known address, files an appeal from such determination 
to a referee. If the last day for filing an appeal falls on any day when the offices of the 
Employment Security Division are not open for business, such last day shall be extended 
to the next business day. The appeal shall be heard in the same manner provided in 
section 31-242 for an appeal from the decision of an examiner on a claim for benefits. 
Any party aggrieved by the decision of the referee, including the administrator, may 
appeal to the Employment Security Board of Review in the manner provided in section 
31-249. Decisions of the board may be appealed to the Superior Court in the manner 
provided in section 31-249b. The administrator is authorized, eight years after the payment of any benefits described in this subsection, to cancel any claim for such repayment 
or recoupment which in his opinion is uncollectible. Effective January 1, 1996, and 
annually thereafter, the administrator shall report to the joint standing committee of 
the General Assembly having cognizance of matters relating to finance, revenue and 
bonding and the joint standing committee of the General Assembly having cognizance 
of matters relating to labor and public employees, the aggregate number and value of 
all such claims deemed uncollectible and therefore cancelled during the previous calendar year. Any determination of overpayment made under this section which becomes 
final may be enforced by a wage execution in the same manner as a judgment of the 
Superior Court when the claimant fails to pay according to his repayment schedule. The 
court may issue a wage execution upon any final determination of overpayment in the 
same manner as in cases of judgments rendered in the Superior Court, and upon the 
filing of an application to the court for an execution, the administrator shall send to the 
clerk of the court a certified copy of such determination.
      (b) (1) Any person who, by reason of fraud, wilful misrepresentation or wilful 
nondisclosure by such person or by another of a material fact, has received any sum as 
benefits under this chapter while any condition for the receipt of benefits imposed by 
this chapter was not fulfilled in such person's case, or has received a greater amount of 
benefits than was due such person under this chapter, shall be charged with an overpayment and shall be liable to repay to the administrator for the Unemployment Compensation Fund a sum equal to the amount so overpaid to such person. If such person does 
not make repayment in full of the sum overpaid, the administrator shall recoup such 
sum by offset from such person's unemployment benefits. The deduction from benefits 
shall be one hundred per cent of the person's weekly benefit entitlement until the full 
amount of the overpayment has been recouped. Where such offset is insufficient to 
recoup the full amount of the overpayment, the claimant shall repay the remaining 
amount plus, for any determination of an overpayment made on or after July 1, 2005, 
interest at the rate of one per cent of the amount so overpaid per month, in accordance 
with a repayment schedule as determined by the examiner. If the claimant fails to repay 
according to the schedule, the administrator may recover such overpayment plus interest 
through a wage execution against the claimant's earnings upon the claimant's return to 
work in accordance with the provisions of section 52-361a. In addition, the administrator 
may request the Commissioner of Administrative Services to seek reimbursement for 
such amount pursuant to section 12-742. The administrator is authorized, eight years 
after the payment of any benefits described in this subsection, to cancel any claim for 
such repayment or recoupment which in the administrator's opinion is uncollectible. 
Effective January 1, 1996, and annually thereafter, the administrator shall report to the 
joint standing committee of the General Assembly having cognizance of matters relating 
to finance, revenue and bonding and the joint standing committee of the General Assembly having cognizance of matters relating to labor and public employees, the aggregate 
number and value of all such claims deemed uncollectible and therefore cancelled during 
the previous calendar year.
      (2) Any person who has made a claim for benefits under this chapter and has knowingly made a false statement or representation or has knowingly failed to disclose a 
material fact in order to obtain benefits or to increase the amount of benefits to which 
such person may be entitled under this chapter shall forfeit benefits for not less than one 
or more than thirty-nine compensable weeks following determination of such offense or 
offenses, during which weeks such person would otherwise have been eligible to receive 
benefits. For the purposes of section 31-231b, such person shall be deemed to have 
received benefits for such forfeited weeks. This penalty shall be in addition to any other 
applicable penalty under this section and in addition to the liability to repay any moneys 
so received by such person and shall not be confined to a single benefit year.
      (3) Any person charged with the fraudulent receipt of benefits or the making of a 
fraudulent claim, as provided in this subsection, shall be entitled to a hearing before the 
administrator, or a deputy or representative designated by the administrator. Notice of 
the time and place of such hearing, and the reasons for such hearing, shall be given to 
the person not less than five days prior to the date appointed for such hearing. The 
administrator shall determine, on the basis of facts found by the administrator, whether 
or not a fraudulent act subject to the penalties of this subsection has been committed 
and, upon such finding, shall fix the penalty for any such offense according to the provisions of this subsection. Any person determined by the administrator to have committed 
fraud under the provisions of this section shall be liable for repayment to the administrator of the Unemployment Compensation Fund for any benefits determined by the administrator to have been collected fraudulently, as well as any other penalties assessed 
by the administrator in accordance with the provisions of this subsection. Until such 
liabilities have been met to the satisfaction of the administrator, such person shall forfeit 
any right to receive benefits under the provisions of this chapter. Notification of such 
decision and penalty shall be mailed to such person's last known address and shall be 
final unless such person files an appeal not later than twenty-one days after the mailing 
date of such notification. If the last day for filing an appeal falls on any day when the 
offices of the Employment Security Division are not open for business, such last day 
shall be extended to the next business day. Such appeal shall be heard by a referee in 
the same manner provided in section 31-242 for an appeal from the decision of an 
examiner on a claim for benefits. The manner in which such appeals shall be heard and 
appeals taken therefrom to the board of review and then to the Superior Court, either 
by the administrator or the claimant, shall be in accordance with the provisions set forth 
in section 31-249 or 31-249b, as the case may be. Any determination of overpayment 
made under this subsection which becomes final on or after October 1, 1995, may be 
enforced in the same manner as a judgment of the Superior Court when the claimant 
fails to pay according to the claimant's repayment schedule. The court may issue execution upon any final determination of overpayment in the same manner as in cases of 
judgments rendered in the Superior Court; and upon the filing of an application to the 
court for an execution, the administrator shall send to the clerk of the court a certified 
copy of such determination.
      (c) Any person, firm or corporation who knowingly employs a person and pays 
such employee without declaring such payment in the payroll records shall be guilty of 
a class A misdemeanor.
      (d) If, after investigation, the administrator determines that there is probable cause 
to believe that the person, firm or corporation has wilfully failed to declare payment of 
wages in the payroll record, the administrator shall provide an opportunity for a hearing 
on the matter. If a hearing is requested, it shall be conducted by the administrator, or a 
deputy or representative designated by him. Notice of the time and place of such hearing, 
and the reasons therefor, shall be given to the person, firm, or corporation not less than 
five days prior to the date appointed for such hearing. If the administrator determines, 
on the basis of the facts found by him, that such nondeclaration occurred and was wilful, 
the administrator shall fix the payments and penalties in accordance with the provisions 
of subsection (e) of this section. Such person, firm or corporation may appeal to the 
superior court for the judicial district of Hartford or for the judicial district in which the 
employer's principal place of business is located. Such court shall give notice of a time 
and place of hearing to the administrator. At such hearing the court may confirm or 
correct the administrator's determination. If the administrator's determination is confirmed, the cost of such proceedings, as in civil actions, shall be assessed against such 
person, firm or corporation. No costs shall be assessed against the state on such appeal.
      (e) If the administrator determines that any person, firm or corporation has wilfully 
failed to declare the payment of wages on payroll records, the administrator may impose 
a penalty of ten per cent of the total contributions past due to the administrator, as 
determined pursuant to section 31-270. Such penalty shall be in addition to any other 
applicable penalty and interest under section 31-266. In addition, the administrator may 
require the person, firm or corporation to make contributions at the maximum rate provided in section 31-225a for a period of one year following the determination by the 
administrator concerning the wilful nondeclaration. If the person, firm or corporation 
is paying or should have been paying, the maximum rate at the time of the determination, 
the administrator may require that such maximum rate continue for a period of three 
years following the determination.
      (f) Any person who knowingly makes a false statement or representation or fails 
to disclose a material fact in order to obtain, increase, prevent or decrease any benefit, 
contribution or other payment under this chapter, or under any similar law of another 
state or of the United States in regard to which this state acted as agent pursuant to an 
agreement authorized by section 31-225, whether to be made to or by himself or any 
other person, and who receives any such benefit, pays any such contribution or alters 
any such payment to his advantage by such fraudulent means (1) shall be guilty of a 
class A misdemeanor if such benefit, contribution or payment amounts to five hundred 
dollars or less or (2) shall be guilty of a class D felony if such benefit, contribution or 
payment amounts to more than five hundred dollars. Notwithstanding the provisions of 
section 54-193, no person shall be prosecuted for a violation of the provisions of this 
subsection committed on or after October 1, 1977, except within five years next after 
such violation has been committed.
      (g) Any person, firm or corporation who knowingly fails to pay contributions or 
other payments due under this chapter shall be guilty of a class A misdemeanor. Notwithstanding the provisions of section 54-193, no person shall be prosecuted for a violation 
of the provisions of this subsection committed on or after October 1, 1987, except within 
five years after such violation has been committed.
      (h) Any person who knowingly violates any provision of this chapter for which no 
other penalty is provided by law shall be fined not more than two hundred dollars or 
imprisoned not more than six months or both.
      (i) Any person who wilfully violates any regulation made by the administrator or 
the board under the authority of this chapter, for which no penalty is specifically provided, shall be fined not more than two hundred dollars.
      (j) All interest payments collected by the administrator under subsection (b) of this 
section shall be deposited in the Employment Security Administration Fund.
      (1949 Rev., S. 7543; 1949, S. 3089d; 1953, S. 3090d, 3091d; 1967, P.A. 790, S. 20, 21; P.A. 74-229, S. 21, 22; 74-339, S. 32, 33, 36; P.A. 77-227; 77-426, S. 14, 19; P.A. 78-287; 78-331, S. 14, 41, 58; P.A. 79-42; 79-67, S. 1, 2; 79-187, 
S. 4; P.A. 81-318, S. 3, 4, 8; P.A. 82-132; P.A. 87-364, S. 7, 8; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 
4, 7, 8; P.A. 95-220, S. 4-6; 95-323, S. 1, 2, 8; P.A. 04-60, S. 1, 2; P.A. 05-288, S. 139.)
      History: 1967 act amended Subsecs. (b) and (e) to exclude Sundays and holidays from period allowed for appeal and 
to specify that if last day falls on day when employment security division offices are closed an extension is allowed and 
substituted Sec. 31-231b for Sec. 31-232 in Subsec. (e); P.A. 74-229 made person who receives benefits but who "by virtue 
of a retroactive monetary or nonmonetary determination" is disqualified from receiving benefits liable for repayment under 
Subsec. (b) and increased time for filing appeal from 7 to 14 days but deleted exclusion for Sundays and holidays; P.A. 
74-339 replaced references to unemployment commission and commissioners with references to the board and substituted 
reference to Sec. 31-249b for reference to Sec. 31-249 in Subsec. (e); P.A. 77-227 imposed penalty on those who receive 
benefits, etc. as a result of fraudulent means in Subsec. (a) and changed penalty from $200 maximum fine and/or 6 months' 
maximum imprisonment to penalty for Class A misdemeanor, inserted new Subsec. (c) re employers' violations and 
relettered former Subsecs. (c) to (e) accordingly; P.A. 77-426 imposed five-year limitation on prosecution actions in Subsec. 
(a), added references to penalty in Subsec. (e), revised appeal procedure so that referee hears case first rather than the board 
and restored reference to Sec. 31-249; P.A. 78-287 made penalty applicable to those who pay fraudulent contributions or 
alter payments to their advantage and added provision making violator in cases involving fraudulent benefit, etc. of more 
than $500 subject to penalty for a Class D felony; P.A. 78-331 made technical changes; P.A. 79-42 rephrased violations 
in Subsec. (a) for clarity; P.A. 79-67 added Subsec. (c)(2) re contributions at maximum rate and amended Subsec. (f) to 
change maximum period of forfeited benefits from 20 to 39 compensable weeks or "more than six years beyond the 
expiration of the benefit year during which the offense occurred" rather than "beyond 21 months after the termination of 
the calendar quarter during which the offense was discovered"; P.A. 79-187 amended Subsec. (b) to include provisions re 
persons whose receipt of funds in error was not due to fraud, etc. and re partial repayment or waiver of repayment, made 
examiner rather than administrator responsible for determination, modified appeal procedure so that appeals are made first 
to board of review and then to superior court and replaced references to commissioners with references to referees; P.A. 
81-318 amended Subsec. (b) to increase the time limit for appeal from 14 to 21 days after notice mailed and amended 
Subsec. (f) to increase the time limit for appeal from fourteen to 21 days after mailing of notice of decision and penalty; 
P.A. 82-132 rearranged the section's provisions to make them more comprehensible, and provided in Subsec. (b) that 
100% of the benefit entitlement shall be deducted from benefits paid to a person found to have improperly received benefits, 
by fraud, wilful misrepresentation or wilful nondisclosure, until the amount overpaid has been recouped; P.A. 87-364 
inserted new Subsec. (e) providing that knowingly failing to pay contributions due under the chapter constitutes a class A 
misdemeanor, and that any prosecution of the crime must take place within five years after the violation and relettered 
former Subsecs. (e) and (f) accordingly; P.A. 88-230 replaced "judicial district of Hartford-New Britain" with "judicial 
district of Hartford", effective September 1, 1991; P.A. 90-98 changed the effective date of P.A. 88-230 from September 
1, 1991, to September 1, 1993; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 
1, 1996, effective June 14, 1993; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to 
September 1, 1998, effective July 1, 1995; P.A. 95-323 amended Subsec. (b) to allow an appeal to be heard directly by a 
referee in the same manner as an appeal of a decision of an examiner and deleted the requirement that the administrator 
present all documents, including the finding of facts for a referee's decision, effective July 10, 1995, and further amended 
Subsecs. (a) and (b) to specify methods available for recoupment of overpayments and procedures for enforcement of 
wage executions and to require annual report of uncollectible claims to General Assembly, changing time lapse for consideration of claim as uncollectible from six to eight years and deleting a six-year limit re penalties in Subsec. (b), further 
amended Subsec. (b) to specify that perpetrators may not receive benefits until repayment of overpayment and penalties 
has been made in full, amended Subsec. (c) to eliminate the contribution schedule re employers' violations, inserted new 
provisions in Subsec. (d) re hearing and penalty provisions for employers who wilfully fail to declare payment of wages 
in the payroll record, inserted new Subsec. (e) re additional penalties imposed for violations of wilful nondeclaration and 
relettered former Subsecs. (d) to (g), inclusive, as Subsecs. (f) to (i), inclusive, effective October 1, 1995, and applicable 
to any separation of employment occurring on or after that date; P.A. 04-60 amended Subsec. (b) to make technical changes, 
to establish interest penalty for overpayments determined on or after July 1, 2005, in Subdiv. (1), to reduce minimum 
number of weeks of benefit forfeiture from two to one in Subdiv. (2), and to revise notification and appeal procedures in 
Subdiv. (3), and added Subsec. (j) requiring deposit of all interest penalty payments collected pursuant to Subsec. (b) into 
Employment Security Administration Fund, effective July 1, 2004; P.A. 05-288 made a technical change in Subsec. (b)(2), 
effective July 13, 2005.
      See Sec. 52-570e re action for damages resulting from violation of chapter.
      Allows for opening decision to recover funds paid out to unqualified recipients, limited to one year statute of limitation ... 
permitted by the administrative nature. 161 C. 362.
      Cited. 11 CS 340. Cited. 21 CS 19. Recovery of overpayment, when. 30 CS 123.
      Subsec. (b):
      Cited. 171 C. 316.
      Subsec. (d):
      Cited re affect on the speed and fairness of the resolution of contested claims. 175 C. 269. Cited. 220 C. 225.
      Subsec. (e):
      Cited re affect on the speed and fairness of the resolution of contested claims. 175 C. 269.