Employee Financial Obligations UPPS No. 03.01.11

Issue No. 2
Effective Date: 11/20/2009
Review: March 1 E5Y

01. POLICY STATEMENTS

01.01 The UPPS establishes policies and procedures to recoup excess compensation and other financial obligations to Texas State by university employees, as authorized under Government Code, Chapter 666. For any and all debts related to enrollment at Texas State, see UPPS No. 03.01.06, Students’ Financial Responsibilities.[JDW1]

01.02 The university may recover the amount of an employee’s indebtedness to the university by deducting it from any compensation the university owes the employee or the employee’s successor. (Refer to Section 02.05 for definition of “successor”.) The university may delay paying compensation or expense reimbursements until indebtedness issues are resolved.

01.03 Account managers and other university administrators who become aware of employee indebtedness to the university as defined in Section 02. of this UPPS should notify the director of the Office of Payroll & Tax Compliance in writing, detailing the debt’s amount and nature.

02. DEFINITIONS

02.01 Compensation – is defined as the base salary or wages, longevity or hazardous duty pay, benefit replacement pay, payment for the balance of applicable accrued leave, and any payment in lieu of or in addition to base salary or wages. This includes leave granted under UPPS No. 04.04.35, Professional Development and Educational Opportunities.

02.02 Excess compensation – is defined as all amounts of compensation paid to a university employee that exceed the amount the employee is eligible to receive.

02.03 Indebtedness – is defined as the amount of compensation paid to an employee that exceeds the amount the employee is eligible to receive because at the time the compensation was paid: (1) the employee was ineligible to receive the entire amount paid; or (2) the employee’s eligibility to receive the amount paid was conditioned on either the occurrence of an event that did not occur or the employee’s fulfillment of a promise that the employee did not fulfill.

02.04 University employee – is defined as a faculty, staff, or student employee of Texas State University-San Marcos. This includes both regular and non-regular employees and their successors.

02.05 Successor – is defined as the estate of a deceased university employee, the surviving spouse of a deceased university employee, or the beneficiaries of the estate of a deceased university employee. In the appropriate context, the word “employee” in this UPPS refers to a university employee or their successor.

02.06 Date of notification is defined for each situation as follows:

a. Hand-delivered – the date of actual delivery.

b. Electronic notification (such as e-mail or fax) – the date sent.

c. Mailed or shipped – the earlier of the actual date received, as shown on mail or other shipping records, or three days from the date of the mailing or shipping notice.

02.07 Other debts – amounts owed to the university other than those defined previously as “indebtedness”.

03. PROCEDURES FOR RECOVERING INDEBTEDNESS

03.01 The following categories of financial obligations require approval:

a. Indebtedness – At its discretion, the university may deduct amounts owed due to overpayments from employees’ pay and expense reimbursements. Notice will be provided by the Office of Payroll & Tax Compliance for deductions due to excess compensation.

b. Other debts – The university will not deduct other debts from an employee’s compensation or expense reimbursement unless it has written authorization for the deduction from the employee.

03.02 The university may terminate employees who fail to resolve their indebtedness within thirty calendar days from the date of notification. These employees are also subject to penalties prescribed by law. Employees may resolve their indebtedness by payment in full or by signing a promissory note with a payment plan.

03.03 Former employees who fail to resolve their indebtedness within thirty calendar days after notification by the university are subject to penalties as prescribed by law. Former employees may resolve their indebtedness by payment in full or by signing a promissory note with a payment plan.

03.04 Specific procedures for notification to employees indebted to the university are detailed below. Notices will comply with Government Code, Chapter 666.003.

a. Excess Compensation – The Office of Payroll & Tax Compliance will:

1) Send a notice to the employee’s address as shown in their personnel records by certified or regular mail or express shipping service. Additionally, the Office of Payroll & Tax Compliance may send a notice via e-mail to the employee’s university e-mail address or hand-deliver it directly to the employee;

2) Describe the nature and amount of the excess compensation;

3) Describe how a former employee may resolve their indebtedness by payment in full or by signing a promissory note with a payment plan;

4) Specify the pay periods during which the university will make the deductions;

5) Inform the employee that failure to resolve the indebtedness may result in further legal action; and

6) Inform the individual of the option for reconsideration as described in Section 03.05.

03.05 Employees may ask that Texas State reconsider its decision to deduct their financial obligation from subsequent compensation by following these steps:

a. Send a written request for reconsideration to the director of the Office of Payroll & Tax Compliance within ten calendar days of the date of notification.

b. Specify in the written request the reasons why the university should reconsider its decision. The request may include documents, names or witnesses, or other evidence that the employee wants considered.

c. The university need not consider a request for reconsideration if the director of the Office of Payroll & Tax Compliance does not receive it within ten calendar days of the date of notification.

The director of the Office of Payroll & Tax Compliance will consider the request and will send the employee a written decision on the matter within ten calendar days of its receipt. The director’s decision is final.

03.06 The university may, at its discretion, agree to a payment plan to resolve an employee’s indebtedness. The payment plan will include a written promissory note with specific repayment terms and due dates. The Office of Payroll & Tax Compliance will collect and monitor receivables due the university under this policy.

03.07 The university will pay the employee any amount remaining after all deductions for indebtedness, in accordance with standard payroll processing timelines.

04. REVIEWERS OF THIS UPPS

04.01 Reviewers of this UPPS include the following:

Position Date

Associate Vice President for March 1 E5Y

Financial Services

Director, Office of Payroll & Tax March 1 E5Y

Compliance

University Attorney March 1 E5Y

05. CERTIFICATION STATEMENT

This UPPS has been reviewed by the following individuals in their official capacities and represents Texas State policy and procedure from the date of this document until superseded.

Associate Vice President Financial Services, senior reviewer of this UPPS

Vice President for Finance and Support Services

President