Mississippi Code
Miss. Code Ann. § 71-5-19 (2026)
[Repealed effective 7/1/2027] Penalties; when overpayment of benefits occurs; reciprocity with other states in collection of overpayment
✓ current as of July 2026
- (1) Whoever makes a false statement or representation knowing it to be false, or knowingly fails to disclose a material fact, to obtain or increase any benefit or other payment under this chapter or under an employment security law of any other state, of the federal government or of a foreign government, either for himself or for any other person, shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), or by imprisonment for not longer than thirty (30) days, or by both such fine and imprisonment; and each such false statement or representation or failure to disclose a material fact shall constitute a separate offense.
- (2) Any employing unit, any officer or agent of an employing unit or any other person who makes a false statement or representation knowing it to be false, or who knowingly fails to disclose a material fact, to prevent or reduce the payment of benefits to any individual entitled thereto, or to avoid becoming or remaining subject hereto, or to avoid or reduce any contribution or other payment required from any employing unit under this chapter, or who willfully fails or refuses to make any such contribution or other payment, or to furnish any reports required hereunder or to produce or permit the inspection or copying of records as required hereunder, shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00), or by imprisonment for not longer than sixty (60) days, or by both such fine and imprisonment; and each such false statement, or representation, or failure to disclose a material fact, and each day of such failure or refusal shall constitute a separate offense. In lieu of such fine and imprisonment, the employing unit or representative, or both employing unit and representative, if such representative is an employing unit in this state and is found to be a party to such violation, shall not be eligible for a contributions rate of less than five and four-tenths percent (5.4%) for the tax year in which such violation is discovered by the department and for the next two (2) succeeding tax years.
- (3) Any person who shall willfully violate any provision of this chapter or any other rule or regulation thereunder, the violation of which is made unlawful or the observance of which is required under the terms of this chapter and for which a penalty is neither prescribed herein nor provided by any other applicable statute, shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00), or by imprisonment for not longer than sixty (60) days, or by both such fine and imprisonment; and each day such violation continues shall be deemed to be a separate offense. In lieu of such fine and imprisonment, the employing unit or representative, or both employing unit and representative, if such representative is an employing unit in this state and is found to be a party to such violation, shall not be eligible for a contributions rate of less than five and four-tenths percent (5.4%) for the tax year in which the violation is discovered by the department and for the next two (2) succeeding tax years.
- (4)
- (a) An overpayment of benefits occurs when a person receives benefits under this chapter:
- (i) While any conditions for the receipt of benefits imposed by this chapter were not fulfilled in his case;
- (ii) While he was disqualified from receiving benefits; or
- (iii) When such person receives benefits and is later found to be disqualified or ineligible for any reason, including, but not limited to, a redetermination or reversal by the department or the courts of a previous decision to award such person benefits.
- (b) Any person receiving an overpayment shall, in the discretion of the department, be liable to have such sum deducted from any future benefits payable to him under this chapter and shall be liable to repay to the department for the Unemployment Compensation Fund a sum equal to the overpayment amount so received by him; and such sum shall be collectible in the manner provided in Sections 71-5-363 through 71-5-383 for the collection of past-due contributions. In addition to Sections 71-5-363 through 71-5-383, the following shall apply to cases involving damages for overpaid unemployment benefits which have been obtained and/or received through fraud as defined by department regulations and laws governing the department. By definition, fraud can include failure to report earnings while filing for unemployment benefits. In the event of fraud, a penalty of twenty percent (20%) of the amount of the overpayment shall be assessed. Three-fourths (3/4) of that twenty percent (20%) penalty shall be deposited into the unemployment trust fund and shall be used only for the purpose of payment of unemployment benefits. The remainder of that twenty percent (20%) penalty shall be deposited into the Special Employment Security Administrative Fund. Interest on the overpayment balance shall accrue at a rate of one percent (1%) per month on the unpaid balance until repaid and shall be deposited into the Special Employment Security Administration Fund. All interest, penalties and damages deposited into the Special Employment Security Administration Fund shall be used by the department for administration of the Mississippi Department of Employment Security.
- (c) Any such judgment against such person for collection of such overpayment shall be in the form of a seven-year renewable lien. Unless action be brought thereon prior to expiration of the lien, the department must refile the notice of the lien prior to its expiration at the end of seven (7) years. There shall be no limit upon the number of times the department may refile notices of liens for collection of overpayments.
- (d) All warrants issued by the department for the collection of any unemployment tax or for an overpayment of benefits imposed by statute and collected by the department shall be used to levy on salaries, compensation or other monies due the delinquent employer or claimant. No such warrant shall be issued until after the delinquent employer or claimant has exhausted all appeal rights associated with the debt. The warrants shall be served by mail or by delivery by an agent of the department on the person or entity responsible or liable for the payment of the monies due the delinquent employer or claimant. Once served, the employer or other person owing compensation due the delinquent employer or claimant shall pay the monies over to the department in complete or partial satisfaction of the liability. An answer shall be made within thirty (30) days after service of the warrant in the form and manner determined satisfactory by the department. Failure to pay the money over to the department as required by this section shall result in the served party being personally liable for the full amount of the monies owed and the levy and collection process may be issued against the party in the same manner as other debts owed to the department. Except as otherwise provided by this section, the answer, the amount payable under the warrant and the obligation of the payor to continue payment shall be governed by the garnishment laws of this state but shall be payable to the department.
- (a) An overpayment of benefits occurs when a person receives benefits under this chapter:
- (5) The department, by agreement with another state or the United States, as provided under Section 303(g) of the Social Security Act, may recover any overpayment of benefits paid to any individual under the laws of this state or of another state or under an unemployment benefit program of the United States. Any overpayments subject to this subsection may be deducted from any future benefits payable to the individual under the laws of this state or of another state or under an unemployment program of the United States.
Codes, 1942, § 7437; Laws, 1936, ch. 176; Laws, 1938, ch. 147; Laws, 1952, ch. 383, § 3; Laws, 1977, ch. 351; Laws, 1985, ch. 414; Laws, 1986, ch. 331; Laws, 1992, ch. 339, § 2; Laws, 1994, ch. 303, § 1; Laws, 2000, ch. 412, § 1; Laws, 2004, ch. 572, § 10; Laws, 2007, ch. 606, § 4; reenacted without change, Laws, 2008, 1st Ex Sess, ch. 30, § 10; reenacted without change, Laws, 2010, ch. 559, § 9; reenacted without change, Laws, 2011, ch. 471, § 10; reenacted and amended, Laws, 2012, ch. 515, § 10, eff. 7/1/2012.
Reenacted without change by Laws, 2023, ch. 510, SB 2810,§ 12, eff. 4/17/2023.
Amended by Laws, 2019, ch. 451, SB 2133,§ 58, eff. 4/3/2019.
Reenacted without change by Laws, 2019, ch. 451, SB 2133,§ 10, eff. 4/3/2019.
Amended by Laws, 2013, ch. 309, HB 932, 4, eff. 3/6/2013.
Notes of Decisions
Cited in 9
cases (1 in the last 5 years), 1987–2023 · leading case: Mississippi Emp. Sec. Com'n v. Jones, 826 So. 2d 77 (Miss. 2002).
Mississippi Emp. Sec. Com'n v. Jones, 826 So. 2d 77 (Miss. 2002). “Before the MESC will be entitled to recover any overpayment in accordance with Miss.Code Ann. § 71-5-19(4), there must be findings by the MESC that "a person received benefits, at a time when he was ineligible, by reason of a non-disclosure or a misrepresentation of a material…”
Jones v. Mississippi Emp. Sec. Comm'n, 648 So. 2d 1138 (Miss. 1995). “There is no evidence in the record that any of the claimants herein misrepresented or failed to disclose any material facts relevant to their unemployment, received any benefits while conditions of receipt were unmet, or otherwise were disqualified from receiving benefits.”
Caraway v. Miss. Emp. Sec. Com'n, 826 So. 2d 100 (Miss. Ct. App. 2002). “Miss.Code Ann. § 71-5-19(4) (Rev.2000). In order for the Commission to directly pursue collection measures against the claimant, the Commission must find that: "1) A person received benefits, 2) at a time when he was ineligible, 3) by reason of a nondisclosure or a *103…”
Owens v. Mississippi Dep't of Emp. Sec., 135 So. 3d 943 (Miss. Ct. App. 2014). “See Miss.Code Ann. § 71-5-19(4)(a)(iii), (b) (Supp.”
Mississippi Emp. Sec. Com'n v. Sellers, 505 So. 2d 281 (Miss. 1987). “1986) there must be findings by the Commission that: 1) A person received benefits, 2) at a time when he was ineligible, 3) by reason of a nondisclosure or a misrepresentation of a material fact, 4) made by that person or another, 5) irrespective of fraudulent intent or…”
Westbrook v. Mississippi Emp. Sec. Com'n, 910 So. 2d 1135 (Miss. Ct. App. 2005). “Miss.Code Ann. § 71-5-19(4) (Supp.2004). The record reflects that MESC, for reasons that are not entirely clear, erroneously paid Westbrook benefits that she was disqualified from receiving, since she voluntarily quit her job without good cause under the law.”
Mississippi Emp. Sec. Comm'n v. Donny E. Jones (Miss. 2001). “Before the MESC will be entitled to recover any overpayment in accordance with Miss. Code Ann. § 71-5-19 (4), there must be findings by the MESC that "a person received benefits, at a time when he was ineligible, by reason of a non-disclosure or a misrepresentation of a material…”
Cindy Pritchett v. Mississippi Dep't of Emp. Sec. (Miss. Ct. App. 2023). “” Miss. Code Ann. § 71-5-19 (4)(a)(iii) (Supp.”
Hollingsworth v. Mississippi Dep't of Emp. Sec., 976 So. 2d 393 (Miss. Ct. App. 2008). “” Miss.Code Ann. § 71-5-19(4). MDES says that this phrase means that it may at its discretion “either .”
— Miss. Code Ann. § 71-5-19(4) — 5 cases
Mississippi Emp. Sec. Com'n v. Jones, 826 So. 2d 77 (Miss. 2002). “Before the MESC will be entitled to recover any overpayment in accordance with Miss.Code Ann. § 71-5-19(4), there must be findings by the MESC that "a person received benefits, at a time when he was ineligible, by reason of a non-disclosure or a misrepresentation of a material…”
Jones v. Mississippi Emp. Sec. Comm'n, 648 So. 2d 1138 (Miss. 1995). “There is no evidence in the record that any of the claimants herein misrepresented or failed to disclose any material facts relevant to their unemployment, received any benefits while conditions of receipt were unmet, or otherwise were disqualified from receiving benefits.”
Caraway v. Miss. Emp. Sec. Com'n, 826 So. 2d 100 (Miss. Ct. App. 2002). “Miss.Code Ann. § 71-5-19(4) (Rev.2000). In order for the Commission to directly pursue collection measures against the claimant, the Commission must find that: "1) A person received benefits, 2) at a time when he was ineligible, 3) by reason of a nondisclosure or a *103…”
Westbrook v. Mississippi Emp. Sec. Com'n, 910 So. 2d 1135 (Miss. Ct. App. 2005). “Miss.Code Ann. § 71-5-19(4) (Supp.2004). The record reflects that MESC, for reasons that are not entirely clear, erroneously paid Westbrook benefits that she was disqualified from receiving, since she voluntarily quit her job without good cause under the law.”
Hollingsworth v. Mississippi Dep't of Emp. Sec., 976 So. 2d 393 (Miss. Ct. App. 2008). “” Miss.Code Ann. § 71-5-19(4). MDES says that this phrase means that it may at its discretion “either .”
— Miss. Code Ann. § 71-5-19(4)(a)(iii) — 1 case
Owens v. Mississippi Dep't of Emp. Sec., 135 So. 3d 943 (Miss. Ct. App. 2014). “See Miss.Code Ann. § 71-5-19(4)(a)(iii), (b) (Supp.”
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