657.315
Deduction of benefits paid in error not due to recipient fault; director
discretion; civil action by director.
(1)(a) If the Director of the Employment Department decides that an individual
has been paid benefits to which the individual is not entitled because of an
error not due to the individual providing a false statement or
misrepresentation of a material fact or not disclosing a material fact, or
because an initial decision to pay benefits is subsequently reversed by a
decision finding the individual is not eligible for the benefits, the
individual is liable to have the amount deducted from any future benefits
otherwise payable to the individual under this chapter or the equivalent law of
another state for any week or weeks within five years following the week in
which the decision establishing the erroneous payment became final.
(b) For purposes
of paragraph (a) of this subsection, the director may deduct all or any part of
the individual’s future weekly benefits.
(c) Any notice
provided to an individual of the individual’s liability for recovery of
benefits under this section must include a description of:
(A) The basis for
the director’s decision that benefits have been overpaid; and
(B) The
consequences of the overpayment, including recovery of the overpaid amount and
the possibility of waiver under ORS 657.317.
(2) Subject to
ORS 657.269 and 657.270, a decision of the director under this section does not
authorize the recovery of the amount of any benefits paid to an individual
until the decision is final.
(3) The director
may bring a civil action against an individual to recover amounts paid to the
individual in excess of the maximum benefits allowable pursuant to this
chapter. [Amended by 1971 c.77 §2; 1975 c.284 §3; 1977 c.400 §6; 1993 c.778 §18;
2005 c.182 §4; 2013 c.703 §2; 2015 c.530 §1; 2021 c.388 §2]
Notes of Decisions
Johnson v. Emp. Div., 680 P.2d 386 (Or. Ct. App. 1984).
· cites it 22× “The rule is not authority to recoup benefits subsequent to back pay awards; that is found in ORS 657.315(1) (b) and (3).”
German Auto Parts, Inc. v. Bureau of Labor & Indus., 826 P.2d 1026 (Or. Ct. App. 1992).
· cites it 4× “310; ORS 657.315(1), (2). Public employers are obligated to reimburse the division for unemployment benefits deducted from an employee's settlement agreement or back pay award.”
Emp. Div. v. Ring, 803 P.2d 766 (Or. Ct. App. 1990).
· cites it 5× “” ORS 657.315 provides, in part: “(1) If it is determined by the assistant director that an individual has been paid benefits to which the individual was not entitled because: “(b) An initial decision to pay benefits is subsequently reversed by a decision finding the individual…”
Filter v. City of Vernonia, 770 P.2d 83 (Or. Ct. App. 1989).
“ORS 657.315(3) provides: “If a settlement agreement or an award of back pay is made by or between a public employer and its employe or employes, which agreement takes into consideration unemployment insurance benefits paid to such persons, any amount deducted from sums…”
Ashman v. Child.'s Servs. Div., 588 P.2d 665 (Or. Ct. App. 1978).
“"(5) Reinstatement or settlement agreements entered into either prior to or subsequent to hearing as provided in this section shall be subject to the provisions of subsection (3) of ORS 657.315.” 5 ORS 240.563 provides: "Judicial review of orders under ORS 240.”
Danz v. Emp. Div., 771 P.2d 649 (Or. Ct. App. 1989).
· cites it 3× “On May 11,1988, pursuant to ORS 657.315, the Employment Division issued to petitioner a notice advising her that she was liable for $3,204 in overpayment of benefits which she could pay immediately or which could be deducted from benefits payable to her during the 52-week period…”
— Or. Rev. Stat. § 657.315(1) — 3 cases
German Auto Parts, Inc. v. Bureau of Labor & Indus., 826 P.2d 1026 (Or. Ct. App. 1992).
“310; ORS 657.315(1), (2). Public employers are obligated to reimburse the division for unemployment benefits deducted from an employee's settlement agreement or back pay award.”
Johnson v. Emp. Div., 680 P.2d 386 (Or. Ct. App. 1984).
“The rule is not authority to recoup benefits subsequent to back pay awards; that is found in ORS 657.315(1) (b) and (3).”
Emp. Div. v. Ring, 803 P.2d 766 (Or. Ct. App. 1990).
“” ORS 657.315 provides, in part: “(1) If it is determined by the assistant director that an individual has been paid benefits to which the individual was not entitled because: “(b) An initial decision to pay benefits is subsequently reversed by a decision finding the individual…”
— Or. Rev. Stat. § 657.315(1)(b) — 3 cases
Johnson v. Emp. Div., 680 P.2d 386 (Or. Ct. App. 1984).
“The rule is not authority to recoup benefits subsequent to back pay awards; that is found in ORS 657.315(1) (b) and (3).”
Emp. Div. v. Ring, 803 P.2d 766 (Or. Ct. App. 1990).
“” ORS 657.315 provides, in part: “(1) If it is determined by the assistant director that an individual has been paid benefits to which the individual was not entitled because: “(b) An initial decision to pay benefits is subsequently reversed by a decision finding the individual…”
— Or. Rev. Stat. § 657.315(2) — 2 cases
Johnson v. Emp. Div., 680 P.2d 386 (Or. Ct. App. 1984).
“The rule is not authority to recoup benefits subsequent to back pay awards; that is found in ORS 657.315(1) (b) and (3).”
Emp. Div. v. Ring, 803 P.2d 766 (Or. Ct. App. 1990).
“” ORS 657.315 provides, in part: “(1) If it is determined by the assistant director that an individual has been paid benefits to which the individual was not entitled because: “(b) An initial decision to pay benefits is subsequently reversed by a decision finding the individual…”
— Or. Rev. Stat. § 657.315(3) — 4 cases
Johnson v. Emp. Div., 680 P.2d 386 (Or. Ct. App. 1984).
“The rule is not authority to recoup benefits subsequent to back pay awards; that is found in ORS 657.315(1) (b) and (3).”
German Auto Parts, Inc. v. Bureau of Labor & Indus., 826 P.2d 1026 (Or. Ct. App. 1992).
“310; ORS 657.315(1), (2). Public employers are obligated to reimburse the division for unemployment benefits deducted from an employee's settlement agreement or back pay award.”
Filter v. City of Vernonia, 770 P.2d 83 (Or. Ct. App. 1989).
“ORS 657.315(3) provides: “If a settlement agreement or an award of back pay is made by or between a public employer and its employe or employes, which agreement takes into consideration unemployment insurance benefits paid to such persons, any amount deducted from sums…”
Emp. Div. v. Ring, 803 P.2d 766 (Or. Ct. App. 1990).
“” ORS 657.315 provides, in part: “(1) If it is determined by the assistant director that an individual has been paid benefits to which the individual was not entitled because: “(b) An initial decision to pay benefits is subsequently reversed by a decision finding the individual…”
— Or. Rev. Stat. § 657.315(l)(b) — 2 cases
Johnson v. Emp. Div., 680 P.2d 386 (Or. Ct. App. 1984).
“The rule is not authority to recoup benefits subsequent to back pay awards; that is found in ORS 657.315(1) (b) and (3).”
Danz v. Emp. Div., 771 P.2d 649 (Or. Ct. App. 1989).
“On May 11,1988, pursuant to ORS 657.315, the Employment Division issued to petitioner a notice advising her that she was liable for $3,204 in overpayment of benefits which she could pay immediately or which could be deducted from benefits payable to her during the 52-week period…”
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