                                 CODE OF VIRGINIA

PENALTY FOR FRAUDULENT CLAIM (§ 60.2-636)

A. Any person who has been disqualified for benefits under subdivision 4 of
&#xA7; 60.2-618 and who, because of those same acts or omissions, has received
any sum as benefits under this title to which the person is not entitled shall
be assessed a penalty in an amount equal to 15 percent of the amount of the
payment to which the person was not entitled. All penalties collected by the
Commission shall be paid into the state treasury and credited to the clearing
account of the Fund established pursuant to &#xA7; 60.2-300. The penalty applies
to an erroneous payment made under any state program providing for the payment
of unemployment compensation as well as an erroneous payment made under any
federal program providing for the payment of unemployment compensation. The
notice of determination or decision advising the person that benefits have been
denied or adjusted pursuant to subdivision 4 of &#xA7; 60.2-618 shall include
the reason for the finding of an erroneous payment, the penalty amount assessed
under this section, and the reason the penalty has been applied.

B. The amount of the penalty assessed pursuant to this section may be collected
in any manner allowed for the recovery of the erroneous payment. When a recovery
with respect to an erroneous payment is made, any recovery shall be applied
first to the principal of the erroneous payment, then to the penalty amount
imposed under this section, and finally to any other amounts due.

HISTORY: 2013, c. 771.