Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 136 - Wages Exempt From Levy › Section DWD 136.03 - Levy to recover benefit overpayments

Current through June 24, 2024
(1) Except as
				provided in sub. (2), in the case of benefit overpayments, an individual is
				entitled to an exemption from department levy of 80% of the individual's
				disposable earnings pursuant to s.
				108.225(16)
				(am) 1, Stats. For purposes of computing the
				amount of the exemption, the department shall provide the third party employer
				with a schedule of the federal poverty guidelines and a worksheet to assist the
				third party in computing the amount of the exemption that is based on earnings
				per pay period and that provides as follows:
(a) If the individual's gross earnings for
				the pay period are below the federal poverty guidelines based on the
				individual's household size, the individual's wages are totally exempt from
				department levy. If the individual's gross earnings are not below the federal
				poverty guidelines based on the individual's household size, the individual's
				disposable earnings shall be computed and the individual is entitled to an
				exemption from department levy of 80% of the individual's disposable
				earnings.
(b) The department may
				levy 20% of the individual's disposable earnings unless any of the following
				apply:
1. The individual's gross earnings for
				the pay period minus the 20% department levy amount equal an amount less than
				the federal poverty guidelines for the individual's household size.
2. The total aggregate of all levies against
				the individual for the pay period will exceed 25% of the total of the
				individual's disposable earnings plus prior levies for the pay
				period.
3. The total aggregate of
				all levies against an individual for the pay period will exceed the amount by
				which the individual's weekly disposable earnings exceed 30 times the federal
				minimum hourly wage. If the pay period is other than weekly, the department
				levy shall be calculated using the amount exempt for pay periods other than
				weekly under s.
				DWD
				136.04.
(c) If the department may not levy 20% of the
				individual's disposable earnings under par. (b), the department may levy the
				lesser of the following:
1. The difference
				between the individual's gross earnings for the pay period and the federal
				poverty guidelines for the individual's household size.
2. The difference between 25% of the total of
				the individual's disposable earnings plus prior levies for the pay period, and
				the amount of prior levies in effect for the pay period.
3. The difference between the individual's
				weekly disposable earnings and 30 times the federal minimum hourly wage. If the
				pay period is other than weekly, the department levy shall be calculated using
				the amount exempt for pay periods other than weekly under s.
				DWD
				136.04.
Note:
Form UCT-8306-E is used to calculate the
				  exemption. This form is available from the Unemployment Insurance Division,
				  Department of Workforce Development, 201 East Washington Avenue, P.O. Box 7888,
				  Madison, Wisconsin 53707-7888.