Section 140. Recovery of delinquent payments  


Latest version.
  • 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.