44-718. Protection of rights and benefits; penalties; recoupment of food stamp overissuances.
44-718
44-718. Protection of rights and benefits;penalties; recoupment of foodstamp overissuances.(a) Waiver of rights void. No agreement by an individual to waive,release or commute such individual's rights to benefits or any other rightsunder this act shall be valid. No agreement by any individual in theemploy of any person or concern to pay all or any portion of anemployer's contribution or payments in lieu of contributions requiredunder this act from such employer, shall be valid. No employer shalldirectly or indirectly make or require or accept any deduction fromremuneration to finance the employer's contributions required from suchemployer, or require or accept any waiver of any right hereunder by anyindividual in such employer's employ. Any employer or officer or agent of anemployer who violates any provision of this subsection shall, for eachoffense, be fined not less than $100 nor more than $1,000 or beimprisoned for not more than six months, or both.
(b) Limitation of fees. No individual claiming benefits shallbe charged fees of any kind in any proceeding under this act by thesecretary of labor or representatives of thesecretary or byany court or any officer thereof. Any individual claiming benefits inany proceeding before the secretary of labor or acourt may berepresented by counsel or other duly authorized agent, but no suchcounsel or agents shall either charge or receive for such services morethan an amount approved by the secretary oflabor. Any personwho violates any provision of this subsection shall, for each suchoffense, be fined not less than $50 nor more than $500, or imprisonedfor not more than six months, or both.
(c) No assignment of benefits; exemptions. No assignment,pledge or encumbrance of any right to benefits which are or may becomedue or payable under this act shall be valid; and such rights tobenefits shall be exempt from levy, except in accordance with section 6331 ofthe federal internal revenue code of 1986, and shall be exempt from,execution, attachment, or any otherremedy whatsoever provided for the collection of debt; and benefitsreceived by an individual, so long as they are not mingled with otherfunds of the recipient, shall be exempt from any remedy whatsoever forthe collection of all debts except debts incurred for necessariesfurnished to such individual or such individual's spouse or dependents duringthe time when such individual was unemployed. No waiver of any exemptionprovided for in this subsection shall be valid.
(d) Support exception.(1) An individual filing a new claim forunemployment compensation shall, atthe time of filing such claim, disclose whether or not the individual owessupport obligations as defined under paragraph (7). If any such individualdiscloses that such individual owes support obligations, and is determinedto be eligible for unemployment compensation, the secretary shall notifythe state or local support enforcement agency enforcing such obligationthat the individual has been determined to be eligible for unemploymentcompensation.
(2) The secretary shall deduct and withhold from any unemploymentcompensation payable to an individual that owes support obligations as definedunder paragraph (7):
(A) The amount specified by the individual to the secretary to be deductedand withheld under this subsection, if neither (B) nor (C) is applicable; or
(B) the amount, if any, determined pursuant to an agreement submittedto the secretary under section 454(20)(B)(i) of the social security actby the state or local support enforcement agency, unless subparagraph(C) is applicable; or
(C) any amount otherwise required to be so deducted and withheld fromsuch unemployment compensation pursuant to legal process (as that term isdefined in section 459(i)(5) of the social security act)properly served uponthe secretary.
(3) Any amount deducted and withheld under paragraph (2) shall be paidby the secretary to the appropriate state or local support enforcement agency.
(4) Any amount deducted and withheld under paragraph (2) shall for allpurposes be treated as if it were paid to the individual as unemploymentcompensation and paid by such individual to the state or local supportenforcement agency in satisfaction of the individual's support obligations.
(5) For purposes of paragraphs (1) through (4), "unemploymentcompensation" means any compensation payable under the employment securitylaw after application of the recoupment provisions of subsection (d) ofK.S.A. 44-719, and amendments thereto, (including amounts payable by thesecretary pursuant to an agreement under any federal law providing forcompensation,assistance or allowances with respect to unemployment).
(6) This subsection applies only if appropriate arrangements have beenmade for imbursement by the state or local support enforcementagency for the administrative costs incurred by the secretary under thissection which are attributable to support obligations being enforcedby the state or local support enforcement agency.
(7) For the purposes of this subsection, "support obligations" meansonly those obligations which are being enforced pursuant toa plan described in section 454 of the federal social security act which hasbeen approved by the secretary of health and human services under part D oftitle IV of the federal social security act.
(8) For the purposes of this subsection, "state or localsupport enforcement agency" means any agency of this state or apolitical subdivision thereof operating pursuant to a plan described inparagraph (7).
(e) (1) An individual filing a new claim for unemployment compensationshall, at the time of filing such claim, be advised that:
(A) Unemployment compensation is subject to federal, state and local incometax;
(B) requirements exist pertaining to estimated tax payments;
(C) the individual may elect to have federal income tax deducted andwithheld from the individual's payment of unemployment compensation at theamount specified in the federal internal revenue code; and
(D) the individual shall be permitted to change a previously electedwithholding status.
(2) Amounts deducted and withheld from unemployment compensation shallremain in the unemployment fund until transferred to the federal taxingauthority as a payment of income tax.
(3) The secretary shall follow all procedures specified by the United Statesdepartment of labor and the federal internal revenue service pertaining to thededucting and withholding of income tax.
(4) Amounts shall be deducted and withheld under this section only afteramounts are deducted and withheld for any overpayments of unemploymentcompensation, child support obligations, food stamp overissuances or any otheramounts required to be deducted and withheld under this act.
(f) (1) An individual filing a new claim for unemployment compensationat the time of filing such claim, shall disclose whether or not such individualowesan uncollected overissuance (as defined in section 13(c)(1) of the Food StampAct of 1977) of food stamp coupons. The secretary shall notify the state foodstamp agency enforcing such obligation of any individual who discloses thatsuch individual owes an uncollected overissuance of food stamps and who isdetermined tobe eligible for unemployment compensation.
(2) The secretary shall deduct and withhold from any unemploymentcompensation payable to an individual who owes an uncollected overissuance:
(A) The amount specified by the individual to the secretary to be deductedand withheld under this clause;
(B) the amount (if any) determined pursuant to an agreement submitted to thestate food stamp agency under section 13(c)(3)(A) of the Food Stamp Act of1977; or
(C) any amount otherwise required to be deducted and withheld fromunemployment compensation pursuant to section 13(c)(3)(B) of such act.
(3) Any amount deducted and withheld under this section shall be paid by thesecretary to the appropriate state food stamp agency.
(4) Any amount deducted and withheld under subsection (b) shall for allpurposes be treated as if it were paid to the individual as unemploymentcompensation and paid by such individual to the state food stamp agency asrepayment of the individual's uncollected overissuance.
(5) For purposes of this section, the term "unemployment compensation" meansany compensation payable under this act including amounts payable by thesecretary pursuant to an agreement under any federal law providing forcompensation, assistance, or allowances with respect to unemployment.
(6) This section applies only if arrangements have been made forreimbursement by the state food stamp agency for the administrative costsincurred by the secretary under this section which are attributable to therepayment of uncollected overissuances to the state food stamp agency.
History: L. 1937, ch. 255, § 18; L. 1973, ch. 205, § 12; L.1976, ch. 370, § 74; L. 1982, ch. 214, § 5;L. 1985, ch. 115, § 47;L. 1996, ch. 232, § 5;L. 1997, ch. 19, § 3;L. 1998, ch. 124, § 6;L. 2004, ch. 179, § 70; July 1.