Page:United States Statutes at Large Volume 54 Part 1.djvu/1130

 PUBLIC LAWS-CH. 842 -OCT. 10, 1940 52 Stat. 1097. 45 U. S. C., Supp. V, § 352 (c). Maximum number of days. 52 Stat. 1097; 53 Stat. 845 . 45 U. S. C., Supp. V, § 352 (d). Adjustment of er- roneous payments. No recovery for overpayments, etc. Protection against liability. 52 Stat. 1 097; 53 Stat. 845. 45I. S. C., Supp. V, 1 352 (f). Payment of benefits during period when remuneration was payable. Holding of such re- muneration in trust fund for Board. Collection of fund; penalties applicable. 52 Stat. 1102 . 45 U. S. C., Supp. V, § 358. SEC. 10. Subsection (c) of section 2 of said Act is hereby amended to read as follows: "(c) The maximum number of days of unemployment within a benefit year for which benefits may be paid to an employee shall be one hundred." SEC. 11. Subsection (d) of section 2 of said Act is hereby amended to read as follows: "(d) If the Board finds that at any time more than the correct amount of benefits has been paid to any individual under this Act or a payment has been made to an individual not entitled thereto (includ- ing payments made prior to July 1, 1940), recovery by adjustments in subsequent payments to which such individual is entitled under this Act or any other Act administered by the Board may, except as other- wise provided in this subsection, be made under regulations prescribed by the Board. If such individual dies before recovery is completed, recovery may be made by set-off or adjustments, under regulations prescribed by the Board, in subsequent payments due, under this Act or any other Act administered by the Board, to the estate, designee, next of kin, legal representative, or surviving spouse of such individual, with respect to the employment of such individual. "Adjustments under this subsection may be made either by deduc- tions from subsequent payments or, with respect to payments which are to be made during a lifetime or lifetimes, by subtracting the total amount of benefits paid in excess of the proper amount from the actuarial value, as determined by the Board, of such payments to be made during a lifetime or lifetimes and recertifying such payments on the basis of the reduced actuarial value. In the latter case, recovery shall be deemed to have been completed upon such recertification. "There shall be no recovery in any case in which more than the cor- rect amount of benefits has been paid to an individual or payment has been made to an individual not entitled thereto (including payments made prior to July 1, 1940) who, in the judgment of the Board, is without fault when, in the judgment of the Board, recovery would be contrary to the purpose of this Act or would be against equity or good conscience. "No certifying or disbursing officer shall be held liable for any amount certified or paid by him in good faith to any person where the recovery of such amount is waived under the third paragraph of this subsection or has been begun but cannot be completed under the first paragraph of this subsection." SEC. 12 . Subsection (f) of section 2 of said Act is hereby amended to read as follows: "(f) If (i) benefits are paid to any employee with respect to unem- ployment in any registration period, and it is later determined that remuneration is payable to such employee with respect to any period which includes days in such registration period which had been deter- mined to be days of unemployment, and (ii) the person or company from which such remuneration is payable has, before payment thereof, notice of the payment of benefits upon the basis of days of unemploy- ment included in such period, the remuneration so payable shall not be reduced by reason of such benefits but the remuneration so pay- able, to the extent to which benefits were paid upon the basis of days which had been determined to be days of unemployment and which are included in the period for which such remuneration is payable, shall be held to be a special fund in trust for the Board. The amount of such special fund shall be paid to the Board and in the collection thereof the Board shall have the same authority, and the same penal- ties shall apply, as are provided in section 8 of this Act with respect to contributions. The proceeds of such special fund shall be credited [54 STAT. 1096

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