Opinion
October 1, 1984.
Unemployment compensation — Statutes — Ominbus Budget Reconciliation Act of 1981, 19 U.S.C. § 2315 (1981) — Overpayment — Waiver.
1. If statutory language is unambiguous, in the absence of a clearly expressed legislative intent to the contrary, that language must be regarded as conclusive. [371-2]
2. Under Section 2509 of the Omnibus Budget Reconciliation Act of 1981, 19 U.S.C. § 2315 (1981), waiver of repayment of unemployment compensation overpayments is discretionary, not mandatory. [372]
Submitted on briefs June 4, 1984, before Judges ROGERS, COLINS and BARBIERI, sitting as a panel of three.
Appeal, No. 1980 C.D. 1982, from the Order of the Unemployment Compensation Board of Review in the case of In Re: Claim of Zbigniew Ficek, No. B-207482.
Recoupment of trade readjustment allowance ordered by the Office of Employment Security. Claimant appealed to the Unemployment Compensation Board of Review. Appeal partially sustained. Claimant appealed to the Commonwealth Court of Pennsylvania. Held: Affirmed.
David L. Hill, for petitioner.
Joel G. Cavicchia, Associate Counsel, with him, Richard L. Cole, Jr., Chief Counsel, for respondent.
Zbigniew Ficek (Claimant) appeals from a decision of the Unemployment Compensation Board of Review (Board), which found that Claimant had received a $2,617.00 overpayment in Trade Readjustment Allowance (TRA) benefits which are recoupable in accordance with Section 91.58(b) of the TRA Regulations and Section 804(b) of the Unemployment Compensation Law. Claimant contends that in assessing a no-fault recoupable overpayment of TRA benefits against a claimant without first making a determination of whether or not the assessment would be "against equity and good conscience," the Board violated Section 2315 of the Federal Trade Act of 1974. We disagree and affirm.
29 C.F.R. § 91.58(b) (1983).
Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P. S. § 874(b).
19 U.S.C. §§ 2101- 2487 (1974).
Claimant was last employed by Fashion Maid Knitting Mill as a knitter in November of 1980. In August of 1979 Mr. Ficek filed an application for TRA benefits and a weekly benefit rate of $250.00 was established. Claimant continued to receive TRA benefits after he left Fashion Maid, from November 22, 1980, through May 16, 1981, and also for the claim weeks June 13th, June 27th, and October 3, 1981, for a total amount in overpayment of $2,617.00. The overpayment resulted from a recomputation of Claimant's TRA rate. TRA Regulations provide that overpayments in the absence of fraud shall be made on the same basis as similar determinations as to overpayments of unemployment insurance under the applicable state law. The applicable state law under these conditions is Section 804(b) of the Pennsylvania Unemployment Compensation Law.
The overpayments were made as a result of a computation error by the Office of Employment Security. Section 804(b) of the Law provides that any person who receives, through no fault of his own, benefits to which he is not entitled under the law, 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. Claimant contends that under § 2315, which was amended by § 2509 of the Omnibus Budget Reconciliation Act of 1981, the Board, before determining that an overpayment made to a claimant is recoupable, must determine whether or not repayment would be contrary to equity and good conscience. We disagree.
Pub.L. No. 97-35, § 2509, 95 Stat. 357, 887, (Amending 19 U.S.C. § 2315 (1974)) (1981).
If the statutory language is unambiguous, in the absence of a clearly expressed legislative intent to the contrary, that language must be regarded as conclusive. U.S. v. Turkette, 452 U.S. 576 (1981). Section 2509 provides that the state agency "may waive repayment" if such repayment would be contrary to equity and good conscience. Waiver of such repayment is discretionary, not compulsory, and the Board need not make a declaration that repayment is equitable and conscionable.
Accordingly, we affirm.
ORDER
AND NOW, October 1, 1984, the order of the Unemployment Compensation Board of Review, dated July 2, 1982, decision No. B-207482, is hereby affirmed.