97B.10  Crediting of erroneous contributions.

1.  If the department finds the employee or employer, or both, have erroneously paid contributions, including the payment of contributions prior to an individual's valid decision to elect out of coverage under this chapter on or after January 1, 1999, pursuant to section 97B.42A, the department shall make an adjustment, compromise, or settlement and shall credit such payments to the appropriate party.

2.  A claim of an employee or employer for a credit for erroneously paid contributions shall be made within three years of date of payment. However, the department may issue a credit to employees or employers after the expiration of the three-year deadline if the department finds that issuing the credit is just and equitable.

3.  Except as provided in this subsection, interest shall not be paid on credits issued pursuant to this section. However, if a credit for contributions paid prior to an individual's decision to elect out of coverage pursuant to section 97B.42A is issued, accumulated interest and interest on dividends as provided in section 97B.70 shall apply. In addition, the department may, at any time, apply accumulated interest and interest dividends as provided in section 97B.70 on any credits issued under this section if the department finds that the crediting of interest is just and equitable.

Section History: Early form

  [C46, 50, § 97.7; C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 97B.10]

Section History: Recent form

  92 Acts, ch 1201, §13; 98 Acts, ch 1183, §11

Internal References

  Referred to in § 97B.42A


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