LD 1970
pg. 3
Page 2 of 17 An Act to Address the Solvency of the Unemployment Compensation Fund Page 4 of 17
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LR 3037
Item 1

 
Sec. 3. 26 MRSA §1051, sub-§7, as enacted by PL 1981, c. 284, is amended
to read:

 
7. Limitation on recovery. Deduction from benefits that may
be or may become payable to an individual as provided for in
subsection 5 shall be is limited to not more than 10% 50% of any
weekly benefit payment otherwise due the claimant.

 
Sec. 4. 26 MRSA §1051, sub-§§9 and 10 are enacted to read:

 
9.__Interest on overpayments.__Benefit payments owed to the
commissioner bear interest at the rate of 1.0% per month or per
fraction of a month.__Except as provided in this subsection,
interest accrues on any balance that remains unpaid one year
after the first of the month following the date the determination
establishing the benefit overpayment becomes final until payment
plus accrued interest is received by the bureau.__If the benefit
overpayment was established in a determination rendered under
section 1193, subsection 6, interest accrues from the first of
the month following the date the determination establishing the
benefit overpayment becomes final until payment plus accrued
interest is received by the bureau.

 
10.__Application of benefit repayments.__Amounts received
through any means to repay benefit payments owed to the
commissioner must be applied first to any outstanding penalties,
2nd to any outstanding interest and 3rd to any benefit payments
owed to the commissioner.

 
Sec. 5. 26 MRSA §1164, as amended by PL 1991, c. 9, Pt. KK, is
further amended to read:

 
§1164. Special Administrative Expense Fund

 
The Special Administrative Expense Fund, as heretofore is
created, is as a special fund in the State Treasury. All
interest, fines and penalties collected under this chapter,
together with any and all voluntary contributions tendered as a
contribution to this fund, must be paid into this fund. The
money may not be expended or available for expenditure in any
manner which that would permit its substitution for, or a
corresponding reduction in, federal funds which that would in the
absence of that money be available to finance expenditures for
the administration of the Employment Security Law. Nothing in
this section may prevent prevents the money from being used as a
revolving fund to cover expenditures, necessary and proper under
the law, for which federal funds have been duly requested but not
yet received, subject to the charging of those expenditures
against those funds when received. The money in this fund must


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