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191 PENNSYLVANIA UNEMPLOYMENT COMPENSATION LAW PENNSYLVANIA UNEMPLOYMENT COMPENSATION LAW PENNSYLVANIA UNEMPLOYMENT COMPENSATION LAW
the collection of such sum shall be instituted after the expiration of ten
years following the end of the benefit year with respect to which such
sum was paid.
((a) amended June 12, 2012, P.L.577, No.60)
(b) (1) Any person who other than by reason of his fault has received with
respect to a benefit year any sum as compensation under this act to
which he was not entitled shall not be liable to repay such sum but
shall be liable to have such sum deducted from any future compensation
payable to him with respect to such benefit year, or the three-year period
immediately following such benefit year, in accordance with the
provisions of this paragraph.
(i) With respect to overpayments of one hundred dollars or more,
recoupment from such future compensation shall not exceed
one-third of the maximum benefit amount to which such person
is entitled during any such subsequent benefit year nor one-third
of the weekly benefit amount to which such person may be
entitled for any particular week.
(ii) If an overpayment is established under this paragraph, an employer
is assigned charges for the overpayment under section 302(a)(2) of
this act and the determination assigning charges to the employer is
final, an amount equal to the amount charged to the employer shall
be applied as a credit toward the person's overpayment. The
provisions of this subparagraph shall not apply to an overpayment
to which subparagraph (iii) applies.
(iii) In the absence of misrepresentation or non-disclosure of a
material fact, no recoupment shall be had if such overpayment
is created by reason of:
(A) a subsequent reversal of two decisions of eligibility
under the provisions of section five hundred one (e)
of this act;
(B) the subsequent receipt of holiday pay, vacation pay or
the like of which the person had no knowledge; or
(C) a subsequent determination that the person's base year
wages were not earned in employment as defined in this act.