Wyoming Unemployment Insurance

– Law amended

Wyoming has amended its Employment Security Law as follows:

Erroneous payment. The term “erroneous payment” means a payment that, but for the failure of the employer or the employer’s agent to provide requested information with respect to the claim for unemployment benefits, would not have been made (Wyo. ¶4121C).

Pattern of failing. “Pattern of failing” means repeated documented failure on the part of the employer or an agent of the employer to respond to a written request from the Department for information relating to a claim for benefits, taking into consideration the number of instances of failure in relation to the total volume of requests by the Department to the employer or the employer’s agent (Wyo. ¶4121D).

Overpayment of benefits. Any overpayment of benefits fraudulently received will be assessed a penalty equal to 20% of the amount of the overpayment and an additional 5% penalty on the remaining unpaid balance at the end of every six months. One-fourth of the amounts collected pursuant to the initial penalty and all of the additional penalties will be paid into the employment security revenue account and the Department will utilize the collected amounts for the administrative costs of overpayment collection, fraud investigation, and developing and providing educational programs. Three-fourths of the amounts collected pursuant to the initial penalty will be paid into the unemployment trust fund account. Offset will not be used to recover amounts due under this provision (Wyo. ¶4173).

Benefit charging. After July 1, 2013, an employer’s account will not be relieved of charges relating to a payment that was made erroneously to the unemployment compensation fund if the Department determines that: (1) The erroneous payment was made because the employer, or an agent of the employer, was at fault for failing to respond timely or adequately to a written request, sent by U.S. mail or by electronic mail, from the Department for information relating to the claim for benefits that resulted in the erroneous payment; and (2) The employer or agent has established a pattern of failing to respond timely or adequately to similar requests.

“Timely” means within 15 days after a notice or request is sent by U.S. mail or by electronic mail to the address of record of the employer or employer’s agent. The Department will acknowledge receipt of the requested information within 15 days if requested by the employer or the employer’s agent. Acknowledgment will be by either U.S. mail or electronic mail (Wyo. ¶4185).
Source: cch.com