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This entry was published on 2014-09-22
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Recovery of delinquent payments
Retirement & Social Security (RSS) CHAPTER 51-A, ARTICLE 3
§ 140. Recovery of delinquent payments. Amounts due from political
subdivisions under sections one hundred thirty-eight and one hundred
thirty-nine of this chapter and which are unpaid after the final date
for their payment, may, at the request of the director and after written
notice to the fiscal officer of the political subdivision liable
therefor, be deducted, with interest, from any moneys payable by the
state to such political subdivision, or such delinquent payments may be
recovered, with interest, by an action as upon contract in a court of
competent jurisdiction against such political subdivision. If the amount
due from the political subdivision, with interest thereon, is
unascertainable because of the failure of such subdivision to file one
or more reports, any or all moneys payable by the state to such
subdivision may be withheld until such report or reports are filed and
the amount due, with interest, is paid directly by the political
subdivision or as provided above. In the case of amounts due under
sections one hundred thirty-four, one hundred thirty-five and one
hundred thirty-eight of this chapter, such interest shall be computed at
the rate established by the Federal Social Security Act. Such rate shall
be applied on a per-diem basis based on the number of days from the
final due date established for such payment by the Federal Social
Security Act through and inclusive of the date such payment is credited
to the account of the Secretary of the Treasury of the United States. In
the case of amounts due under section one hundred thirty-nine of this
chapter, interest shall be computed from the first day after the final
date for payment at the rate of four per centum per annum.