HARRY HUGHES, Governor

1539

reconsidered decision may be appealed within the time limits
and under the procedure prescribed in § 7 of this article
for appeal from a determination, but on appeal the issue
shall be limited to whether or not the claimant was
ineligible during the weeks in question.

(e) When any person is found by the Executive Director
to have made a false statement or representation knowing it
to be false or to have knowingly failed to disclose a
material fact to obtain or increase any benefit or other
payment under this article, he shall repay the fund a sum
equal to all of the benefits received by or or paid to him for
each week with respect to which the false statement or
representation was made or with respect to which he failed
to disclose a material fact. The amount may be recovered
from benefits payable to him or which may be payable to him
in the future, or in the manner provided in §15(f) of this
article for the collection of past due contributions. The
person shall also be disqualified from the the receipt of
benefits payable to him for [the period of] A PERIOD OF
NOT LESS THAN 3 MONTHS NOR MORE THAN one year from the date
on which the determination is made that an improper claim
was filed involving such false statement or representation
or failure to disclose a material fact.

(F) A DETERMINATION UNDER SUBSECTIONS (D) OR (E) OF
THIS SECTION TO RECOUP BENEFITS MAY NOT BE MADE LATER THAN 3
YEARS FROM THE DATE THAT THE BENEFITS WERE PAID TO THE
CLAIMANT. ANY AMOUNT WHICH HAS NOT BEEN RECOUPED WITHIN 5
YEARS OF THE DATE OF THE DETERMINATION MAY BE DEEMED
UNCOLLECTIBLE AT THE JUDGMENT OF THE EXECUTIVE DIRECTOR.

[(f)] (G) Prosecution under subsections (a), (b) and
(c) of this section must be commenced within 3 years from
date of the commission of the offenses described therein.

20.

As used in this article, unless the context clearly
requires otherwise:

(1) An individual shall be deemed "unemployed" in any
week during which he performs no services and with respect
to which no wages are payable to him OR in any week of less
than full-time work if the wages payable to him with respect
to such week are less than his weekly benefit amount plus
allowances for dependents. For purposed of this section of
the law and for the purpose of the taking of claims for and
the payment of weekly benefits, holiday pay and/or vacation
pay earned or accumulated to the credit of the individual,
which is paid at the time of layoff or separation from
employment or during a period of unemployment resulting from
a cause other than vacation or holiday, shall not be
considered wages.