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(1) The department shall determine an employer forfeited the right to credit for a benefit overpayment whenever the department determines an employer forfeited the right to participate as an interested party and the right to appeal in the adjudication of an unemployment insurance claim, pursuant to 39-51-605, MCA, and ARM 24.11.208.

(2) Unless an employer has forfeited credit for an overpayment pursuant to 39-51-605, MCA, the department immediately credits an experience-rated employer's account if a benefit overpayment occurs. The department shall inform each employer of any credit on the statement of benefits charged to the account.

(3) The employer's account is credited for the amount the account was previously charged for benefits. For example, if the employer was charged for 50 percent of the benefits, the employer would be credited for 50 percent of the overpayment.

(4) Charges to the accounts of governmental entities and employers electing to reimburse the fund will be credited for benefit overpayments in the same manner as experience-rated employers.

History: 39-51-301, 39-51-302, MCA; IMP, 39-51-605, 39-51-1110, MCA; NEW, 1988 MAR p. 2723, Eff. 1/1/89; AMD, 2000 MAR p. 3523, Eff. 12/31/00; AMD, 2002 MAR p. 1665, Eff. 6/14/02; AMD, 2011 MAR p. 573, Eff. 4/15/11; AMD, 2013 MAR p. 2144, Eff. 11/15/13

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