§ 28-40-6 - Overpayments.
SECTION 28-40-6
§ 28-40-6 Overpayments. – (a) If an employer or employee makes application for refund or credit of anyamount paid as contributions or interest under this title, and the directordetermines that the amount or any portion of it was erroneously collected, thedirector shall, in his or her discretion, either allow a credit for it, or byvoucher duly drawn by the director in an amount and in any manner that thedirector may prescribe, direct the general treasurer to pay the amountdetermined to be erroneously collected from the temporary disability insurancereserve fund.
(b) If, in the discretion of the director, a credit is to beallowed, that credit shall be applied against the payment or payments ofcontributions next due from that employer subsequent to the determination ofthe director.
(c) No refund or credit shall be allowed with respect to apayment as contributions or interest, unless an application for it is made inwriting on or before whichever of the following dates is later:
(1) One year from the date on which the payment was made; or
(2) Three (3) years from the last day of the period withrespect to which the payment was made.
(d) For a like cause and within the same period, a refund maybe made, or a credit allowed, on the motion of the director.
(e) No interest shall be allowed or paid with respect to anyrefund.
(f) No refund or credit shall be allowed if the amountinvolved is less than one dollar ($1.00).
(g) Nothing in this title shall be construed to authorize anyrefund or credit of money due and payable under the law and regulations ineffect at the time the money was paid.