The stunning news that nearly 10,000 soldiers have been asked to repay enlistment bonuses they received years ago has a lot of folks asking what happens if they are overpaid through no fault of their own. Large-scale overpayments such as this one are not common, but individual and group overpayments do happen. Agencies handle them in different ways, but the basic processes are similar.

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When an agency overpays an employee, the agency is required to notify the employee of the overpayment, how it happened, the amount, and the process for repaying the money or requesting a waiver to avoid paying it. The law authorizing most waivers of overpayments is 5 U.S. Code § 5584. It says, in part, “A claim of the United States against a person arising out of an erroneous payment of pay or allowances made on or after July 1, 1960, or arising out of an erroneous payment of travel, transportation or relocation expenses and allowances, to an employee of an agency, the collection of which would be against equity and good conscience and not in the best interests of the United States, may be waived in whole or in part….”

In an ideal world we would never have overpayments. This is not an ideal world. They happen due to carelessness, bad training, simple mistakes, and sometimes deliberately. Many of the enlistment bonus overpayments appear to be deliberate. The critical factor in dealing with overpayments is what the person who was overpaid knew or reasonably should have known. The Defense Finance and Accounting Service (DFAS) outlines the DoD civilian employee process for waivers on its website.

Waivers are not appropriate and are not/should not be granted when the employee should have known it was an overpayment. If, for example, your pay suddenly goes up for no reason (such as a within grade increase that you know is not due for a year), you are required to advise the agency that it happened. One case I remember from my Navy experience was a woman who had been overpaid for several years. When we discovered the overpayment, we told her about it and told her she would have to repay the money unless a waiver was approved. She said she knew it was an overpayment and had saved all of the extra money, but she wanted a waiver anyway because it was the government’s mistake. She did not get her waiver.

But what happens when employees act in good faith and have no idea that they were not entitled to the money they received? When I was HR Director for the the Defense Logistics Agency (DLA), we had an example of an overpayment and the way I believe an agency should respond to them. DLA found that its police officers were on the wrong pay scale. The people who made the mistake were not trying to pull a fast one – they simply made a mistake. Dozens of police officers were affected. The officers were hired in good faith, did their jobs, and could not reasonably be expected to know they were on the wrong pay scale. The agency could not continue to use the wrong pay scale and was required to notify the officers that they had been overpaid.

Getting back to your question: I doubt an accidental overpayment could ever be made for a large amount because in the case of large amounts the dealer must verify with a floorperson. If there were an overpayment for a large amount that wasn't detected it could be considered a criminal act. If you got a notice from DHHS and don’t think you have an overpayment or you question the amount, call the number on the notice. You can speak to someone at DHHS to get more information. You have a right to appeal an overpayment. If you do not think you were overpaid or if you disagree with the amount, you should file an appeal.

The stunning news that nearly 10,000 soldiers have been asked to repay enlistment bonuses they received years ago has a lot of folks asking what happens if they are overpaid through no fault of their own. Large-scale overpayments such as this one are not common, but individual and group overpayments do happen. What happens when your state overpays your UI benefits? If you’ve somehow ended up receiving more than you should have, you're likely going to get a notice about your state trying to recoup those. This means that if you got $10 of free credit, you’ll have to play for example 1000 spins at $1 each to What Happens If A Casino Overpays You roll it over. Note that not all games are allowed to be played with the bonus credit, and not all games contribute at the same rate to What Happens If A Casino Overpays You roll over requirements.

The normal process would be to notify the employees, tell them how much they owed, and what the process for requesting a waiver would be. That approach is fine when someone is overpaid a few dollars, but when it is thousands of dollars, it falls apart. Imagine being told you were overpaid 5 or 10 or 20 thousand dollars or more. The typical middle-class family cannot just write a check for thousands of dollars. The financial impact is devastating. The emotional distress can be equally damaging.

Recognizing that the overpayment would create so much turmoil for our officers, we decided on a different approach. First, we notified all of the employees in a group meeting. We explained exactly what happened, how it happened, and what the agency was going to do to try to make it right. Rather than giving them a letter that said they could apply for a waiver, we wrote the waiver letters for them. We also talked with senior officials at DFAS to ensure they knew what happened and that the waiver requests would be approved. At the same time, we began working on a long-term fix to the pay cuts that switching pay scales would create. Every action we took was intended to keep these good men and women from suffering because of the agency’s mistake.

I can’t help but think there should have been a similar approach to the enlistment bonus overpayments. If there was ever a case where, as the law says, “the collection of which would be against equity and good conscience and not in the best interests of the United States” this is it.

• DWD
• Indiana Unemployment
• Unemployment for Individuals
• Current: Overpayment FAQ

What is an overpayment of Unemployment Insurance Benefits?

An overpayment occurs when unemployment (UI) benefits are paid to a claimant who is later determined not to have been eligible or entitled to those benefits. Because UI benefits were paid to the claimant before a decision or action changed the claimant’s eligibility or entitlement, these benefits must be paid back to the Department of Workforce Development, regardless of fault.

What can cause an overpayment of Unemployment Insurance Benefits?

Some of the common causes of overpayments include:

• A DWD decision reverses a previous award of UI benefits to a claimant.
• A claimant and/or an employer fail to disclose that the claimant received vacation or severance pay, or other similar pay after a job separation.
• A claimant fails to accurately report earnings and hours worked while filing for UI benefits.
• A claimant’s weekly and/or maximum UI benefit amount changes (a monetary redetermination is made) because the wage information was incorrect when the claim was initially filed.
• A claimant is disqualified from receiving UI benefits due to being responsible for their job separation.
• A claimant fails to notify DWD that he or she does not meet the eligibility requirements.

Does filing an appeal stop collection of the overpayment?

The overpayment notice itself cannot be appealed. The collection of the overpayment is suspended only if the claimant files an appeal of the decision that caused the overpayment. Upon receipt of a timely appeal, the Appeals Section will schedule a hearing and at that time the collection of the overpayment is suspended until the hearing takes place and a decision is written. If the hearing is dismissed due to the appealing party’s failure to participate, the overpayment collection process resumes.

What happens if I fail to pay back my overpayment?

You will receive monthly billing notices and other collection letters regarding the amount owed. Should you become eligible for future UI benefits, 100% of each weekly benefit payment may be applied to the overpayment balance until it is paid in full. You may receive notice of a pending civil action by the Attorney General’s Office and/or your Indiana state and/or federal income tax refunds and lottery winnings may be withheld and applied to the overpayment. DWD may also forward delinquent accounts to a legal collection agent authorized to apply levies, wage garnishments, etc.

Can I make payments towards my overpayment in the WorkOne Office or Administrative Office?

Payments on your overpayment balance can be made in person at the Department of Workforce Development’s Administrative Office at 10 North Senate Avenue in Indianapolis, online at payingov.com/dwd, by U.S. Mail, or by phone 888-877-0450. The Administrative Office will accept payments in the form of a check, money order or exact cash. The Administrative Office is currently unable to accept payments by credit card, debit card, or fund transfers. WorkOne offices will not accept payments; however, they will provide a self-addressed, pre-paid envelope for you to mail your payment directly to the Administrative Office in Indianapolis. It is not recommended that you send cash through the U.S. Mail.

Where do I mail payments toward my overpayment balance?

Address the envelope as follows:

Indiana Workforce Development
Attn: UI Cashiering
10 North Senate Avenue, SE 001
Indianapolis, Indiana 46204-2277

Remember to include your account number in your correspondence.

Can I be prosecuted for not reporting my work and earnings while receiving unemployment benefits?

Under Indiana Code 35-43-5-7 regarding Welfare Fraud, a person who knowingly or intentionally obtains public relief or assistance by fraudulent means commits a Class A misdemeanor for amounts received up to $750, a Level 6 felony for amounts more than $750 but less than $50,000, and a Level 5 felony if the amount is $50,000 or more.

For the first instance of fraud, a twenty-five (25%) penalty is assessed on the amount of the established overpayment. For a second instance of fraud, there is a fifty (50%) penalty and a one hundred percent (100%) penalty for the third and any subsequent fraudulent overpayments established. Interest will accrue at the rate of one-half (0.5%) per month on the unpaid balance.

If the overpayment is in my spouse’s name, why are you intercepting my tax refund?

Your Indiana state and/or federal tax refund may be intercepted to pay your overpayment balance. The Department of Revenue and IRS will match Social Security numbers with individuals who have an overpayment debt payable to the Department of Workforce Development. If you and your spouse file your taxes jointly, your refund may be intercepted to pay the overpayment debt.

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Can my overpayment be waived?

In certain circumstances, a claimant may be eligible to have his/her overpayment waived. In accordance with Ind. Code §22-4-13-1(i), an overpayment may be waived upon the request of the individual only if the following criteria are met:

1. the benefits were received by the individual without fault of the individual;
2. the benefits were the result of payments made:
   1. a. during the pendency of an appeal before an administrative law judge or the review board under IC 22-4-17 under which the individual is determined to be ineligible for benefits; OR
   2. b. because of an error by the employer or the department; AND
3. repayment would cause economic hardship to the individual.

Claimants must submit on Overpayment Waiver Request application for consideration. The Department will evaluate the request and issue a determination to the claimant. The application can be found at www.unemployment.IN.gov under “Forms and Downloads.” Certain exclusions apply. Please see DWD Policy 2020-04 for more information about the waiver process.

Can my overpayment be written off if I file bankruptcy?

If you have declared bankruptcy, please send proof of filing by the following methods:

1. Mail or hand deliver a copy to:

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Indiana Department of Workforce Development
Attn: Benefit Collections Dept.
10 North Senate Avenue
Indianapolis, Indiana 46204

2. Fax a copy to 'Benefit Collections Dept.' (317) 234-2932

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*Please make sure proof of filing includes case number, filing date, and the court in which you filed.

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Bankruptcy may relieve overpayment debt if it is included in your bankruptcy filing. An overpayment established due to fraud is usually not dischargeable. DWD will file for an adversary hearing in the bankruptcy court to ensure that the fraud overpayment debt remains. The costs of this action will be added to the overpayment debt.