Current through Register Vol. XLI, No. 35, August 30, 2024
Section 85-9-6 - Methods for Determining and Collecting Employer Liabilities Owed to the UEF The Commissioner shall have discretion to utilize one or more of the following methods to determine and collect amounts owed to the UEF:
6.1. As benefit payments are made from the UEF, issue pay orders to a liable employer ordering them to reimburse the UEF, within a specific and reasonable amount of time, as selected by the Commissioner, for the amounts described in subsection 5.1. of this rule;6.2. Enter into repayment agreements with an employer to reimburse the UEF for the amounts described in subsection 5.1. of this rule, and then enter pay orders to the employer as described in subsection 6.1. of this section;6.3. Using generally accepted accounting and actuarial principles, reduce the estimated amount of a claim or claim(s) against the UEF, including all the amounts described in subsection 6.1. of this rule, to a present value reserve for the claim, and then deem the responsible employer to be liable for this amount. The Commissioner may then pursue this amount as a judgment against the employer, including filing a civil action in Circuit Court against the employer, seeking a judgment lien against the employer, and all other accepted methods of collection as set forth in article two, chapter twenty-three of the West Virginia Code and 85CSR11.6.4. The Commissioner shall have discretion to enter into a full and final settlement with an employer for its liability to the UEF or waive amounts owed to the UEF as part of a repayment agreement or a full and final settlement with the employer.