§ 4487. PAYMENTS TO EMPLOYERS; OVERPAYMENT.
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/usc/title-10/section-4487A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Payments .— Except as provided in subsections
(b)and
(c)and subject to section 4485(d), the implementing official shall make payments to employers in accordance with this section. The amount payable to such an employer on behalf of an eligible person with respect to an approved program of job training under this subtitle shall be determined by such official at the beginning of such program. Except as provided in subparagraphs
(B)and (C), that amount shall be equal to 50 percent of the product of
(i)the starting hourly rate of wages paid to the eligible person by the employer (without regard to overtime or premium pay), and
(ii)the number of hours to be worked by the eligible person during the entire program period but in no event to exceed hours equivalent to 18 months of training. In no case may the amount determined under subparagraph
(A)exceed— $12,000 for an eligible person with a service-connected disability rated at 30 percent or more; or $10,000 for an eligible person not described in clause (i). Assistance may be paid under this subtitle on behalf of an eligible person to that person’s employer for training under two or more programs of job training under this subtitle if such employer has not received (or is not due) on that person’s behalf assistance in an amount aggregating the applicable amount set forth in subparagraph (B). Payment Period .— Except as provided in paragraphs
(2)and (3), the implementing official shall pay training assistance to employers under this section on a quarterly basis. The implementing official may pay training assistance to an employer on a monthly basis if the implementing official determines (pursuant to regulations prescribed by the implementing official) that the number of employees of the employer is such that the payment of assistance on a quarterly basis would be burdensome to the employer. The implementing official shall withhold 25 percent of each payment due under this subsection with respect to an eligible person. The total amount withheld with respect to an eligible person under this paragraph shall be paid to the employer at the end of the four month period of employment of such person under this subtitle beginning on the date of completion of training, or upon the completion of the 18th month of training under the last training program approved for the person’s pursuit with that employer under this subtitle, whichever is earlier. Tools and Other Work-Related Materials .— In addition to payments under subsection (a), the implementing official shall reimburse the employer for the cost of tools and other work-related materials necessary for the eligible person’s participation in the program of job training in an amount up to $500 if the employer presents to the implementing official a certification signed by the employer and eligible person that— tools and other work-related materials are necessary for the eligible person’s participation in the job training program, the eligible person bought the tools and other work-related materials, and the employer paid the eligible person for the cost of the tools and other work-related materials. Overpayments .— Whenever the implementing official finds that an overpayment under this subtitle has been made to an employer on behalf of an eligible person as a result of a certification, or information contained in an application, submitted by an employer which was false in any material respect, the amount of such overpayment shall constitute a liability of the employer to the United States. Whenever such official finds that an employer has failed in any substantial respect to comply for a period of time with a requirement established under this subtitle (unless the employer’s failure is the result of false or incomplete information provided by the eligible person), each amount paid to the employer on behalf of an eligible person for that period shall be considered to be an overpayment under this subtitle, and the amount of such overpayment shall constitute a liability of the employer to the United States. Whenever such official finds that an overpayment under this subtitle has been made to an employer on behalf of an eligible person as a result of a certification by the eligible person, or as a result of information provided to an employer or contained in an application submitted by the eligible person, which was willfully or negligently false in any material respect, the amount of such overpayment shall constitute a liability of the eligible person to the United States. Any overpayment referred to in paragraph
(1)or
(2)may be recovered in the same manner as any other debt due the United States. Any overpayment recovered shall be credited to funds available to make payments under this subtitle. If there are no such funds, any overpayment recovered shall be deposited into the Treasury. Any overpayment referred to in paragraph
(1)or
(2)may be waived, in whole or in part, in accordance with the terms and conditions set forth in section 5302 of title 38 , United States Code. Limitations .— Payment may not be made to an employer for a period of training under this subtitle on behalf of an eligible person until the implementing official has received— from the eligible person, a certification that the eligible person was employed full time by the employer in a program of job training during such period; and from the employer, a certification— that the eligible person was employed by the employer during that period and that the eligible person’s performance and progress during such period were satisfactory; and of the number of hours worked by the eligible person during that period. With respect to the first such certification by an employer with respect to an eligible person, the certification shall indicate the date on which the employment of the eligible person began and the starting hourly rate of wages paid to the eligible person (without regard to overtime or premium pay). Payment may not be made to an employer for a period of training under this subtitle on behalf of an eligible person for which a request for payment is made after two years after the date on which that period of training ends.