{"data":{"id":"us-ok/okla.-stat.-tit.-40-40-2-613","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 40, § 40-2-613","heading":"Benefit overpayments","body":"BENEFIT OVERPAYMENTS.\n\nAn overpayment of unemployment benefits shall be classified in\n\none of three ways with recovery and recoupment to be conducted as\n\nfollows:\n\n1. Fraud overpayment: in which an individual intentionally\n\nmakes a false statement or representation or fails to disclose a\n\nmaterial fact, and has received any sum as benefits to which the\n\nindividual was not entitled. The individual shall be liable to\n\nrepay this sum, plus a penalty of twenty-five percent (25%) of the\n\namount of the original overpayment and interest at the rate of one\n\npercent (1%) per month on the unpaid balance of the overpayment, to\n\nthe Oklahoma Employment Security Commission. Three-fifths (3/5) of\n\nthe penalty amount collected shall be deposited in the Unemployment\n\nTrust Fund for the State of Oklahoma and the remaining two-fifths\n\n(2/5) shall be deposited in the Oklahoma Employment Security\n\nCommission Revolving Fund. The interest shall cease to accrue when\n\nthe total accrued interest equals the amount of the overpayment. If\n\nan overpayment is modified, the interest shall cease to accrue when\n\nthe total accrued interest equals the amount of the modified\n\noverpayment. The Commission shall deduct the principal sum from any\n\nfuture benefits payable to the individual;\n\n2. Claimant error overpayment: in which an individual, by\n\nmistake of law or fact, makes a false statement or representation or\n\nfails to disclose a material fact and has received any sum as\n\nbenefits to which the individual was not entitled. The individual\n\nshall be liable to repay this sum, plus interest at the rate of one\n\npercent (1%) per month on the unpaid balance of the overpayment, to\n\nthe Commission. The interest shall cease to accrue when the total\n\naccrued interest equals the amount of the overpayment. If an\n\noverpayment is modified, the interest shall cease to accrue when the\n\ntotal accrued interest equals the amount of the modified\n\noverpayment. The Commission shall deduct the principal sum from any\n\nfuture benefits payable to the individual; or\n\n3. Administrative overpayment – in which:\n\na. an individual has received any sum as benefits under\n\nthe Employment Security Act of 1980 due to an error by\n\nthe Commission or an employer, or\n\nb. an individual has received benefits and the decision\n\nto grant benefits was reversed at a higher level of\n\nappeal.\n\nThe individual shall be liable to have this sum deducted from any\n\nfuture benefits payable to the individual with respect to the\n\nbenefit year current at the time of the receipt and the next\n\nsubsequent benefit year that begins within one (1) year after the\n\nexpiration of the benefit year current at the time of the receipt.\n\nNo interest shall accrue on administrative overpayments. An\n\nindividual may voluntarily repay an administrative overpayment with\n\nprivate funds.","path":["OK Code","Title 40"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os40.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"ece76d060c4d8096cc61bbd626a47f1b073cfdb4eee93b77326fd89990c839e3","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-40-40-2-612","next":"us-ok/okla.-stat.-tit.-40-40-2-614"},"notice":"GroundRules: Original legal text. Not legal advice."}