Okla. Stat. tit. 40, § 40-2-613: Benefit overpayments

BENEFIT OVERPAYMENTS.

An overpayment of unemployment benefits shall be classified in

one of three ways with recovery and recoupment to be conducted as

follows:

1. Fraud overpayment: in which an individual intentionally

makes a false statement or representation or fails to disclose a

material fact, and has received any sum as benefits to which the

individual was not entitled. The individual shall be liable to

repay this sum, plus a penalty of twenty-five percent (25%) of the

amount of the original overpayment and interest at the rate of one

percent (1%) per month on the unpaid balance of the overpayment, to

the Oklahoma Employment Security Commission. Three-fifths (3/5) of

the penalty amount collected shall be deposited in the Unemployment

Trust Fund for the State of Oklahoma and the remaining two-fifths

(2/5) shall be deposited in the Oklahoma Employment Security

Commission Revolving Fund. The interest shall cease to accrue when

the total accrued interest equals the amount of the overpayment. If

an overpayment is modified, the interest shall cease to accrue when

the total accrued interest equals the amount of the modified

overpayment. The Commission shall deduct the principal sum from any

future benefits payable to the individual;

2. Claimant error overpayment: in which an individual, by

mistake of law or fact, makes a false statement or representation or

fails to disclose a material fact and has received any sum as

benefits to which the individual was not entitled. The individual

shall be liable to repay this sum, plus interest at the rate of one

percent (1%) per month on the unpaid balance of the overpayment, to

the Commission. The interest shall cease to accrue when the total

accrued interest equals the amount of the overpayment. If an

overpayment is modified, the interest shall cease to accrue when the

total accrued interest equals the amount of the modified

overpayment. The Commission shall deduct the principal sum from any

future benefits payable to the individual; or

3. Administrative overpayment – in which:

a. an individual has received any sum as benefits under

the Employment Security Act of 1980 due to an error by

the Commission or an employer, or

b. an individual has received benefits and the decision

to grant benefits was reversed at a higher level of

appeal.

The individual shall be liable to have this sum deducted from any

future benefits payable to the individual with respect to the

benefit year current at the time of the receipt and the next

subsequent benefit year that begins within one (1) year after the

expiration of the benefit year current at the time of the receipt.

No interest shall accrue on administrative overpayments. An

individual may voluntarily repay an administrative overpayment with

private funds.