A revised policy and corresponding procedures for salary overpayments have
been established to reduce the number of outstanding arrearage balances due to
the processing of salary overpayments. Also, revised policies and procedures for
uncollectible arrearages were established in accordance with Policy and Procedure
Manual Filing Number 8001. It is very important that these collection procedures
be followed in an expedient manner to alleviate the increasing number of
uncollectible arrearages in SHARP.
Part I: Policy and Procedures for Salary Overpayments
There are currently outstanding arrearages in SHARP that were the result of
agencies running on-line adjustments to correct paychecks where the employee was
overpaid. The outstanding arrearages remain because the employees had already
terminated employment or terminated employment before the full arrearage could be
collected from their paychecks. These situations have led to the following policy:
For cases where an employee has been overpaid, if the agency
is not certain that the overpayment can be recovered from the employee through
deductions from future payroll checks or by personal reimbursement, then payroll
adjustment(s) to correct the paycheck(s) containing the overpayment should not be
processed.
If an overpayment has occurred and the agency is uncertain that the overpayment
can be recovered, the agency should follow the steps below to identify the net
amount due from the employee and begin collection efforts.
- For a paycheck containing a salary overpayment, use the on-line pay
computation panel to calculate the net that the employee should have received.
(See SHARP Computer-Based Training, Payroll Book One, On-line Computation.)
- Document the 'was' and 'should be' amounts on a DA-180 Attachment form.
The difference in net pay will be the arrearage amount. (If the employee was
overpaid on more than one check, repeat this step for all of the paychecks
involved and combine the net pay differences to arrive at the arrearage amount.)
- a. At this point, if it is determined that the employee will have
sufficient income to deduct the arrearage from a future paycheck(s),
proceed with processing the on-line adjustment(s). If an on-line adjustment(s)
has already been processed for the paycheck(s) involved correcting a different
problem, submit a completed DA-180 form to Accounts and Reports for processing.
The result will be that an arrearage amount is set-up in
SHaRP. The agency must advise the employee about the
amount owed and the deduction schedule for the arrearage. If the arrearage is not
collected within a reasonable amount of time, the agency should refer to the
policies and procedures for uncollectible arrearages that can be found in Part
II of this informational circular.
b. If it is determined that the employee will not have sufficient
income to deduct the arrearage from a future paycheck(s), continue
with the steps below.
- Contact the employee about the overpayment and ask for a personal
reimbursement of the arrearage amount due.
- If the arrearage amount is collected, deposit the payment,
and process the on-line paycheck adjustment(s) to create the arrearage
balance. Submit a DA-180 form with a copy of your receipt voucher to
Payroll Services so that the personal reimbursement will be recorded
to satisfy the arrearage amount. (The agency may be able to receipt the
payment and remove the arrearage balance following the instructions found
in the SHaRP Computer-Based Training, Payroll
Book Two, Collect an Arrearage Balance by Receiving a Personal Reimbursement.)
(If an on-line adjustment(s) has already been processed for the paycheck(s)
involved correcting a different problem, submit a completed DA-180 form and
a copy of the receipt voucher to Accounts and Reports to process both the
salary overpayment and the personal reimbursement.)
If the arrearage amount is not collected, refer to the policies
and procedures for uncollectible arrearages, found in Part II of this
informational circular, following through the procedures to the point
that the debt is submitted to Accounts and Reports Setoff Program or
submitted for write-off. In this case, the amount that should be submitted
to the Setoff Program or for write-off would be the gross amount
of the salary overpayment.
If the arrearage amount is partially collected from the employee,
please contact Payroll Services to assist you in determining the salary
overpayment transaction that can be processed and the remaining amount
that would be submitted to the Setoff Program or for write-off.
Part II: Policies and Procedures for Uncollectible Arrearages
The SHARP report KPAY007, Deductions in Arrears Report,
is generated after each off-cycle payroll and is distributed via agency MVS mailboxes.
(Paper users receive a printed copy of the report.) It is the responsibility of
each agency to review their arrearage balances and take the appropriate action to
resolve the debt. Below are the procedures that have been written in accordance with
the Policy and Procedure Manual Filing Number 8001, K.A.R.s 1-2b-1 and 1-2b-2, and
K.S.A. 75-3728b. These are the procedures that an agency must follow once it has been
determined that an arrearage is delinquent.
- Minimum Collection Procedures: It is the responsibility of each state
agency to collect amounts owed to the State in the most effective and efficient
manner. Unless the Director of Accounts and Reports approves an agency's alternative
collection procedure, all state agencies will adhere to the following basic
procedures relating to collection of past due arrearages. These procedures are
considered minimum efforts. Certain state agencies may find it necessary to
expand these general procedures to fit their particular circumstances.
- Arrearage collection schedules should be extended on a limited basis,
only after determining that the employee is unable to pay the balance in
full. The arrearage collection schedule should be complete within the current
calendar year and preferably not extend beyond six months. A general guide
would be to allow the employee to pay back the arrearage over the same number
of pay periods that the error occurred. However, the collection schedule
can be extended for a few months more where large balances are concerned
and payment of such balances within the current calendar year would create
a hardship. (See the SHaRP Computer-Based Training, Payroll Book Two, Arrearages,
for use of the General Deduction Override Panel.)
- All arrearages that are more than 30 days past due must be subjected to
collection procedures.
- A record must be kept for each action taken to collect an arrearage, the
name of the person taking the action, and the date the action was taken.
This documentary evidence of collection efforts must be available at the
agency to support classifying an arrearage as delinquent.
- At least three documented efforts should be made to collect all delinquent
arrearages over $25. Arrearages $25 and under require only one documented
attempt.
- As authorized by K.S.A. 75-6201 et seq., the State's right to
set off debts owed the State against state payments due such debtors should
be utilized for debts equaling $25.00 or more. Please refer to filing No.
8002 for information about the Setoff Program. Procedures for submitting
a debt to the Setoff Program may be obtained by contacting the Setoff Program
contact identified on the front of this informational circular. After an
arrearage is accepted by the Setoff Program, the agency should promptly
remove the arrearage from SHa>RP. Please refer to the SHaRP Computer-Based
Training, Payroll Book Two, Adjust Arrears Balances Using the Adjust Arrears
Balance Panel instructions for removing the arrearage from SHaRP. (A debt
that is submitted to the Setoff Program will be collected out of payments
from the State which are payable to the debtor. Following the collection
of the debt, the agency will receive the amount collected and a collection
assistance fee will be deducted from the remittance.)
- Write-off Request Procedures: K.S.A. 75-3728a-d establishes write
off procedures for accounts written off as uncollectible by an agency. These
procedures should be followed for all delinquent debts regardless of amount
and also for debts that have remained in the Setoff Program for an excessive
amount of time. In order to write-off an arrearage the agency must follow the
steps below.
- An agency must apply to the Director of Accounts and Reports for authority
to write off an arrearage when the following criteria are met:
- A valid arrearage does exist; i.e. there are no unsettled differences
between the agency and the employee as to the validity of the arrearage.
- The arrearage is past due (having missed a scheduled personal reimbursement
if the employee is no longer being paid).
- The agency has complied with the "Minimum Collection Procedure"
section, without success, and has determined that the arrearage is uncollectible.
- As soon as the criteria noted above are met, the agency should prepare
a request for write off to be sent to the Director of Accounts and Reports
for approval. A copy of the request must be retained by the agency. The
request should include the following:
- The number of arrearages to be written off.
- The total dollars for the arrearages to be written off.
- For each arrearage, list the employee's name, social security number,
employee ID, amount, and a brief statement of the reason or basis for
determining the arrearage uncollectible.
Note: Agencies should make sure that the statement clearly identifies
arrearages that have been discharged in bankruptcy.
- A statement by the responsible individual that in his or her opinion
the arrearages are uncollectible and that this request is submitted
in accordance with K.S.A. 75-3728a-d and Policies and Procedures Manual
Filing Number 8001.
- The signature of the agency head which certifies his or her approval
of the request.
- The agency should leave the arrearage set up in SHaRP
pending notification (in the form of a signed letter) of approval from
the Division of Accounts and Reports. Upon receiving such notification,
the agency should promptly remove the arrearage from SHaRP
if the arrearage has not already been removed.
- The agency must maintain all information relating to the arrearages that
were written off.
All arrearage amounts written off by the state agency as described
above are thereby assigned to the Director of Accounts and Reports for collection.
Arrearage amounts equal to or greater than $25 will be recorded as a receivable
through the Setoff Program. However, the agency will not receive back any funds that
are collected through the Setoff Program for arrearage amounts that are submitted on
a write-off request. Agency personnel may be required by the Director to participate
in, and provide documentation for, hearings or litigation regarding the collection
of the receivable.
Regent Institutions are responsible for making the necessary modifications to
their payroll policies and procedures to be in compliance with this informational
circular.
Glossary
Arrearage Amount - An amount the employee owes the agency. The arrearage could be the result of
a payroll adjustment or the result of an advance of earnings to cover certain deductions.
Collection Schedule - The schedule of collections from an employee to satisfy an arrearage balance.
Collections can be made through one or more payroll deductions or by one or more personal reimbursements
following a schedule set by the agency. If the employee is in pay status, the SHaRP panel General
Deduction Override could be used to set a maximum amount to be collected out of each paycheck.
If no entry is made on the General Deduction Override panel, SHaRP will deduct all (or as much
as possible) of the arrearage balance from the employee's next paycheck.
Employee - In this informational circular, employee refers to a current or former employee of
a state agency.
Personal Reimbursement - A collection by personal check, cash, money order, etc., from an employee
to fulfill a debt owed to an agency.
Payroll Adjustment - A transaction that changes or corrects an original paycheck recorded in SHaRP.
An on-line adjustment transaction processes a reversal of the original paycheck, then records
a new paycheck with the original net pay showing as a deduction. An off-line adjustment transaction,
which can only be processed by Accounts and Reports Payroll Services, records a new paycheck
that records the difference between the original paycheck and what a correct paycheck should
have contained.
Salary Overpayment - Any paycheck where the wages paid to an employee exceeds what the employee
actually earned.