WILLIAM DONALD SCHAEFER, Governor Ch. 637

credit, with the approval of the Executive Director. The amount
of that bond, deposit or other security shall be determined in
accordance with the provisions of this paragraph.

(i) Amount. —- [The] IF THE NONPROFIT
ORGANIZATION HAS MORE THAN 25 EMPLOYEES, THE amount of the bond
or deposit required by this paragraph shall be equal to [2.7] 5.4
percent of the organization's total wages paid for employment as
defined in § 20(n) for the four calendar quarters immediately
preceding the effective date of the election, the renewal date in
the case of a bond, or the biennial anniversary of the effective
date of election in the case of a deposit of money or securities,
whichever date shall be most recent and applicable. IF THE
NONPROFIT ORGANIZATION HAS 25 OR FEWER EMPLOYEES, THE AMOUNT OF
THE BOND OR DEPOSIT REQUIRED BY THIS PARAGRAPH SHALL BE EQUAL TO
2.7 PERCENT OF THE ORGANIZATION'S TOTAL WAGES PAID FOR EMPLOYMENT
AS DEFINED IN § 20(N) FOR THE FOUR CALENDAR QUARTERS IMMEDIATELY
PRECEDING THE EFFECTIVE DATE OF THE ELECTION, THE RENEWAL DATE IN
THE CASE OF A BOND, OR THE BIENNIAL ANNIVERSARY OF THE EFFECTIVE
DATE OF ELECTION IN THE CASE OF A DEPOSIT OF MONEY OR SECURITIES,
WHICHEVER DATE SHALL BE MOST RECENT AND APPLICABLE. If the
nonprofit organization did not pay wages in each of four such
calendar quarters, the amount of the bond or deposit shall be as
determined by the Executive Director.

17.

(d) (1) When the Secretary finds that any individual has
received any sum for benefits to which the individual was not
entitled, either because the individual received or has been
retroactively awarded wages, was not unemployed, or was found by
the Secretary in a determination or redetermination of an
original claim to be disqualified or otherwise ineligible for the
benefits, the amount of those benefits may be recovered by the
Secretary.

(2)  The Secretary may recover benefits under
paragraph (1) of this subsection from benefits payable to the
individual in the future, or in the manner provided in § 15(f) of
this article for the past due collection of contributions.

(3)  When the Secretary decides to recover benefits
under paragraph (1) of this subsection, the Secretary shall
notify the individual of the amount to be recovered, the weeks
with respect to which the benefits were paid, and the provision
of the law under which it was determined that the individual was
ineligible for benefits.

(4)  NOTWITHSTANDING ANY OTHER PROVISION OF THIS
SUBSECTION, THE SECRETARY MAY RECOVER UNDER A GOVERNMENTAL OFFSET
AGREEMENT AN OVERPAYMENT OF BENEFITS PAID TO ANY INDIVIDUAL UNDER
ANOTHER STATE'S UNEMPLOYMENT INSURANCE LAW OR UNDER AN
UNEMPLOYMENT INSURANCE BENEFIT PROGRAM OF THE UNITED STATES.

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