§ 28-40-6. Overpayments.
(a) If an employer or employee makes application for refund or credit of any amount paid as contributions or interest under this title, and the director determines that the amount or any portion of it was erroneously collected, the director shall, in his or her discretion, either allow a credit for it, or by voucher duly drawn by the director in an amount and in any manner that the director may prescribe, direct the general treasurer to pay the amount determined to be erroneously collected from the temporary disability insurance reserve fund.
(b) If, in the discretion of the director, a credit is to be allowed, that credit shall be applied against the payment or payments of contributions next due from that employer subsequent to the determination of the director.
(c) No refund or credit shall be allowed with respect to a payment as contributions or interest, unless an application for it is made in writing on or before whichever of the following dates is later:
(1) One year from the date on which the payment was made; or
(2) Three (3) years from the last day of the period with respect to which the payment was made.
(d) For a like cause and within the same period, a refund may be made, or a credit allowed, on the motion of the director.
(e) No interest shall be allowed or paid with respect to any refund.
(f) No refund or credit shall be allowed if the amount involved is less than one dollar ($1.00).
(g) Nothing in this title shall be construed to authorize any refund or credit of money due and payable under the law and regulations in effect at the time the money was paid.
History of Section.P.L. 1942, ch. 1200, § 4; P.L. 1947, ch. 1923, art. 2, § 5; P.L. 1949, ch. 2176, § 1; P.L. 1956, ch. 3667, § 1; G.L. 1956, § 28-40-6; P.L. 1958, ch. 186, § 1; P.L. 1959, ch. 166, § 1.
Structure Rhode Island General Laws
Title 28 - Labor and Labor Relations
Chapter 28-40 - Temporary Disability Insurance — Contributions
Section 28-40-1. - Amount of employee contributions — Wages on which based.
Section 28-40-2. - Exemption of employee dependent on spiritual healing.
Section 28-40-2.1. - Exemption of minors fourteen (14) and fifteen (15) years of age.
Section 28-40-2.2. - Exemption of certain persons with disabilities.
Section 28-40-3. - Withholding and disposition of contributions.
Section 28-40-3.1. - Contributions held in trust for state.
Section 28-40-3.2. - Notice to segregate trust funds.
Section 28-40-3.3. - Penalty for misappropriation.
Section 28-40-3.4. - Setoff for delinquent contributions.
Section 28-40-4. - Employer’s liability for contributions not withheld.
Section 28-40-5. - Adjustment of erroneous deductions or payments.
Section 28-40-6. - Overpayments.
Section 28-40-6.1. - Refunds to persons with disabilities.
Section 28-40-6.2. - Setoff for delinquent income taxes.
Section 28-40-7. - Appeals to board of review.
Section 28-40-8. - Date from which employees become subject to provisions.
Section 28-40-9. - Interest on delinquent payments.
Section 28-40-10. - Priority of contributions in insolvency or bankruptcy.
Section 28-40-11. - Determination of unreported contributions due.
Section 28-40-12. - Civil action to recover contributions.
Section 28-40-13. - Representation of director in civil actions.
Section 28-40-14. - Contributions as debt to state — Lien on real estate.
Section 28-40-15. - Notice of transfer of business — Contributions due immediately.
Section 28-40-16. - Collection powers.
Section 28-40-17. - [Repealed.]
Section 28-40-18. - Waiver of contributions and interest under one dollar.