Sec. 251. MANDATORY PENALTY ASSESSMENT ON FRAUD CLAIMS
468 words·~2 min read·
/statute-compilations/comps-9622/sec-251A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## SEC. 251 MANDATORY PENALTY ASSESSMENT ON FRAUD CLAIMS ###
(a)In General Section 303(a) of the Social Security Act (42 U.S.C. 503(a)) is amended— ####
(1)in paragraph (10), by striking the period at the end of subparagraph
(B)and inserting “; and”; and ####
(2)by adding at the end the following new paragraph: > > #### “(11) > > > #####
(A)> > At the time the State agency determines an erroneous payment from its unemployment fund was made to an individual due to fraud committed by such individual, the assessment of a penalty on the individual in an amount of not less than 15 percent of the amount of the erroneous payment; and > > > ##### “(B) > > The immediate deposit of all assessments paid pursuant to subparagraph
(A)into the unemployment fund of the State.” > . ###
(b)Application to Federal Payments **[**[42 U.S.C. 503 note](/us/usc/t42/s503)**]** ####
(1)In general As a condition for administering any unemployment compensation program of the United States (as defined in paragraph (2)) as an agent of the United States, if the State determines that an erroneous payment was made by the State to an individual under any such program due to fraud committed by such individual, the State shall assess a penalty on such individual and deposit any such penalty received in the same manner as the State assesses and deposits such penalties under provisions of State law implementing section 303(a)(11) of the Social Security Act, as added by subsection (a). ####
(2)Definition For purposes of this subsection, the term “unemployment compensation program of the United States” means— #####
(A)unemployment compensation for Federal civilian employees under subchapter I of chapter 85 of title 5, United States Code; #####
(B)unemployment compensation for ex-servicemembers under subchapter II of chapter 85 of title 5, United States Code; #####
(C)trade readjustment allowances under sections 231 through 234 of the Trade Act of 1974 (19 U.S.C. 2291-2294); #####
(D)disaster unemployment assistance under section 410(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5177(a)); #####
(E)any Federal temporary extension of unemployment compensation; #####
(F)any Federal program which increases the weekly amount of unemployment compensation payable to individuals; and #####
(G)any other Federal program providing for the payment of unemployment compensation. ###
(c)Effective Date **[**[42 U.S.C. 503 note](/us/usc/t42/s503)**]** ####
(1)In general Except as provided in paragraph (2), the amendments made by this section shall apply to erroneous payments established after the end of the 2-year period beginning on the date of the enactment of this Act. ####
(2)Authority A State may amend its State law to apply such amendments to erroneous payments established prior to the end of the period described in paragraph (1).
Connectionstraces to 2
Traces to 2 documents
1 reference not yet in our index
- 19 USC 2291-2294
Citation graph
cites case law
Cites 3Cited by 0 across 0 sources