We have been informed that the claimant named above may receive a back pay award. Back pay is considered wages for unemployment insurance purposes and is allocated to the period for which it is awarded. If Unemployment Insurance (UI) benefits have been paid for this period, an overpayment must be established.
If the back pay award agreement stipulates that the employer will reduce the back pay award by the amount of UI benefits paid for that period, section 1382 of the Unemployment Insurance Code requires the employer to repay the benefits to the Employment Development Department (EDD). Information regarding the amount of UI benefits paid during the period covered by the back pay award may be obtained from the Overpayment Specialist at the EDD office shown above.
The claimant/employee is liable for repayment of the affected UI benefits if the amount of the benefits is not withheld from the award.
Please submit the following information to the EDD office shown above, to enable EDD to determine the amount of UI benefits overpaid, and the party responsible for repayment.
Include the claimant/employee’s name and Social Security number, your Reserve Account number, and indicate that the payment is for a back pay award.