288.381. Collection of benefits paid when claimant later determined ineligible or awarded back pay--violation, damages.
Collection of benefits paid when claimant later determined ineligibleor awarded back pay--violation, damages.
288.381. 1. The provisions of subsection 6 of section 288.070notwithstanding, benefits paid to a claimant pursuant to subsection 5 ofsection 288.070 to which the claimant was not entitled based on asubsequent determination, redetermination or decision which has becomefinal, shall be collectible by the division as provided in subsections 12and 13 of section 288.380.
2. Notwithstanding any other provision of law to the contrary, when aclaimant who has been separated from his employment receives benefits underthis chapter and subsequently receives a back pay award pursuant to actionby a governmental agency, court of competent jurisdiction or as a result ofarbitration proceedings, for a period of time during which no services wereperformed, the division shall establish an overpayment equal to the lesserof the amount of the back pay award or the benefits paid to the claimantwhich were attributable to the period covered by the back pay award. Afterthe claimant has been provided an opportunity for a fair hearing under theprovision of section 288.190, the employer shall withhold from theemployee's back pay award the amount of benefits so received and shall paysuch amount to the division and separately designate such amount.
3. For the purposes of subsection 2 of this section, the divisionshall provide the employer with the amount of benefits paid to theclaimant.
4. Any individual, company, association, corporation, partnership,bureau, agency or the agent or employee of the foregoing who interfereswith, obstructs, or otherwise causes an employer to fail to comply with theprovisions of subsection 2 of this section shall be liable for damages inthe amount of three times the amount owed by the employer to the division.The division shall proceed to collect such damages under the provisions ofsections 288.160 and 288.170.
(L. 1972 H.B. 1017, A.L. 1988 H.B. 1485, A.L. 2006 H.B. 1456)Effective 10-01-06