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COLLECTING HARD TO COLLECT EARNINGS: FINDING THE RIGHT TOOL FOR THE JOB. Moderator: Diane Hogan, Informatix Inc. Speaker: Matt Marsolais, OCSE Speaker: Andrew Szymak, Oklahoma CSS .
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COLLECTING HARD TO COLLECT EARNINGS: FINDING THE RIGHT TOOL FOR THE JOB Moderator: Diane Hogan, Informatix Inc. Speaker: Matt Marsolais, OCSE Speaker: Andrew Szymak, Oklahoma CSS ERICSA 50th Annual Training Conference & Exposition ▪ May 19 – 23 ▪ Hilton Orlando Lake Buena Vista, Florida ERICSA 50 CELEBRATES YEARS OF SERVING FAMILIES: THE MAGIC IS STILL ALIVE ERICSA ERICSA ERICSA ERICSA ERICSA
Agenda • Multistate Financial Institution Data Match Program • Thrift Savings Plan Match • Federally Assisted State Transmitted Levy • Insurance Match Program • Debt Inquiry Service for Insurers
Multistate Financial Institution Data Match (MSFIDM) Legislation • 1996 • Required state IV-D agencies to enter into matching agreements with financial institutions (FI) conducting business in their state to obtain account information about delinquent obligors • 1998 • Authorized OCSE to conduct a centralized match for those FIs conducting business in two or more states
MSFIDM Information • Over 4,500 financial institutions participate • Matches are conducted on a quarterly basis • Match data is provided to states through the Federal Case Registry (FCR) • States use their freeze and seize procedures to collect past-due support
MSFIDM Success • FIs return on average 4 million matches per quarter associated with 1.7 million unique SSNs • States voluntarily report collections • $20.9 million in 2000 • $144 million in 2011 • $110 million in 2012 (still collecting data) • $1.31 billion collected since program inception
Thrift Savings Plan (TSP) • Retirement plan offered to federal civilian employees and members of the military • Partnership between OCSE and Federal Retirement Thrift Investment Board (FRTIB) – responsible for administering the TSP • Quarterly matches implemented in 2011
TSP Success • States have voluntarily reported $20.4 million • All but four states garnish TSP accounts!
Federally Assisted State Transmitted (FAST) Levy Pilot • Automate freeze/seize process between states and FIs • Process flow • OCSE as the “conduit” • Pilot participants • FIs: JPMorgan Chase, Bank of America, Wells Fargo, US Bank, Navy Federal Credit Union • States: California, District of Columbia, New Jersey, Pennsylvania, Tennessee, Washington
FAST Levy Pilot • Progress to date • Meetings/Conference Calls • Record Layout • Timeframe • Next Steps
Insurance Match (IM) Program • Authorized by Section 452(l) [to be redesignated (m)]of the Social Security Act • OCSE works with insurers or their agents and state workers’ compensation agencies to compare information about individuals who owe past-due support with payee information on insurance claims, settlements, payments and awards • Information provided to states so they can intercept payouts and apply to past-due support
IM Program • Participation is voluntary for states and insurers • Currently matching with • 22 State Workers’ Compensation Agencies • 756 Insurers through the Insurance Services Office • U.S. Department of Labor • Matches since program inception: 351,473 • 25 of the 53 states/territories voluntarily reported collections totaling over $18 million
Debt Inquiry Service (DIS)for Insurers • Web-based application on the FPLS portal lets insurers report upcoming lump sum and other payments • What happens when there’s a match? • Insurers receive information about the state(s) that is responsible for collecting past-due support • States receive match notification so they can take action
Questions/Comments • Contact • Matt Marsolais, OCSE Analyst • matthew.marsolais@acf.hhs.gov • (202) 260-5479
MISSED COLLECTION CHALLENGES AND THEIR SOLUTIONS (IN OTHER WORDS, FINDING THE RIGHT TOOL)
WHAT ARE THE MISSED COLLECTION CHALENGES? -FIDM (Financial Institution Data Match) -Instate matching opportunities -Thrift Savings Plan (TSP) -Insurance Matching
-Alaska Permanent Dividend Fund -BP Oil Spill a.k.a. Gulf Coast Cleanup Fund -Interstate Unemployment Insurance Benefit (UIB) Intercept
-Social Security Administration (SSA) Intercepts -Limited Services a.k.a. AEI
FIDM Instate Matching Opportunities -Challenge: A large number of FIDM matches are missed because states are not sharing Instate bank match data -Solution: Make access to Instate bank account data a simple and effective process
Access to Out-of-State FIDM Matches -Two sources of matches -Multi-State FIDM (e.g., Bank of America, Chase, Regions, Wells Fargo) -In-state matches In-house Alliance or consortium
FIDM Alliance -Made up of 18 states entering into an Alliance to outsource in-state FIDM programs. -Formed to cooperatively develop, issue and oversee these FIDM operations. -Cross border FIDM matching done on a state to state agreement basis.
FIDM Alliance (Continued) -Each participating state is responsible for entering into individual contracts with the selected contractor that oversees the program. -Texas is the lead state of the Alliance for the purpose of procurement
Interstate Data Exchange Consortium - IDEC -Oklahoma receives its Interstate FIDM matches through IDEC. What is IDEC? -A partnership of 15 states for the collection and enforcement of child support
Interstate Data Exchange Consortium – IDEC (Continued) -Access to accounts in all member states -Operated as a state-administered, state-owned system -Managed by the State of South Carolina
FIDM Limited Partnerships -IDEC offers a Limited Partnership that allows non-member states to participate in the quarterly interstate matching of Full Member states -Limited Partners become reciprocal partners with IDEC member states
Two types of Limited Partnerships with IDEC -FIDM Alliance member states -Independent FIDM states
Oklahoma and Texas Limited Partnership Collections -Oklahoma is an IDEC member -Overall Oklahoma 2012 FIDM Collections: $3,216,748 Overall Oklahoma Collections from Limited Partnership participation: $580,530
-Texas is a member of the FIDM Alliance -Overall Texas 2012 FIDM Collections: $36,099,858 Texas Overall Collections from Limited Partnership participation: $593,912
Thrift Savings Plan (TSP) -Very good collection tool! -Simple processing Use Income Withholding Order for State Agencies either by itself or as cover letter -Cooperative agency / good customer support
Thrift Savings Plan (TSP) Collections -Oklahoma Overall Collections: $807,053 -Texas Collections: $13,577,062 -Tennessee Collections: $2,015,945
Insurance Matching Personal Injury Claims -Insurance matches are received on a daily basis from Child Support Lien Network (CSLN) or OCSE. -Matches go through an automated analyzer process
-Worker verifies insurance lien printed automatically. Worker may also print out lien form manually -Liens are printed at local offices for attorney signature. -Liens are sent to insurance company NCP, NCP’s attorney.
-56 O.S. Sect 237B – Mandatory matching law. -Claims of $500 or more -Insurers authorized to do business in Oklahoma -Contact OCSS to verify if claimant owes past due support
Workers Compensation Claims -Insurance matches are received on a daily basis from CSLN, OCSE, OK state insurance fund and Workers Compensation Court -Matches go through an automated analyzer process, similar to personal injury cases
-Worker verifies insurance lien printed automatically. Worker may also print forms manually. -Liens are printed at local office for attorney signature. -IWOs are sent to collect on weekly temporary benefit payments
-Liens are sent to insurance company, NCP, NCP’s attorney and filed with workers compensation court by state office personnel. -56 O.S. Sect. 237B – Mandatory matching law also applies to workers compensation claims
-Oklahoma Personal Injury Settlement Intercept 2012 Fiscal Year Collections: $1,339,225 -Workers Compensation Settlement Intercept 2012 Fiscal Year Collections: $,5,697,804 (IWO $1,923,385, Liens $3,774,419)
-Texas Overall Insurance Settlement Intercept 2012 Fiscal Year Collections: $34,511,816 -Tennessee Overall Insurance Settlement Intercept 2012 Fiscal Year Collections: $1,482,123
Attaching the Alaska Permanent Dividend Fund -Alaska citizens’ percentage of state revenues from a variety of sources within the state -To match with Alaska: Send inquiry file with NCP information matched against their Permanent Dividend Fund database. Match information requested is Obligor’s name, SSN and DOB.
-Preferred method of transmitting inquiry file is using FTP, (using encrypted CDs is also possible). -To attach dividend: Send UIFSA transmittal 1, requesting that a garnishment go against the obligor’s dividend. Limited Services requests are sent back to Alaska in August.
-Funds are sent back to requesting state in October. -Oklahoma yearly dividends collections range between $11K to $50K -Texas dividend 2012 collections were $64,869 -Tennessee dividend 2012 collections were $7,817
BP Oil Spill a.k.a. Gulf Coast Cleanup Fund -$20 Billion available for claims associated with the Deepwater Horizon oil spill -Challenge: How to stake claims on money owed to noncustodial parents behind on their child support payments.
-Possible solution: Send an electronic list of NCP’s owing past due support to Gulf Coastal Cleanup Fund (GCFF) -Problem: Out of 200,000 cases Oklahoma could find 21,926 NCPs with possible connections to settlement funds
-Problem: GCFF said they would not take electronic lists so we were looking at subpoenas -A lot of subpoenas. Stack of paper over 70 inches tall filling five paper boxes. They were sent to GCFF on November 12, 2010. -Fortunately for GCFF we also included an encrypted CD with the same information
-Upon receipt of Oklahoma’s subpoenas and CD we received a call from GCFF telling us they would process our electronic file -GCFF asked for IWOs on the specific matches (81 total). Hard copies and an additional electronic file was sent with the IWO information -Oklahoma referred GCFF to OCSE in order to establish a nationwide procedure to get an electronic matching system in place
-Total payments Oklahoma received to date add up to $56,000. Initial payments were from smaller claims ranging from a few hundred dollars up to $3,500. The largest single payment to date being $16,250 -Total payment Texas received to date add up to $69,000 -Total payment Tennessee received to date add up to $25,163
Interstate Unemployment Insurance Benefits (UIB) Intercepts -Challenge: OCSS received UIB information through the Federal Case Registry (FCR) but the data would sit on FCR until discovered by a child support specialist -Solution: Automate the process to intercept Interstate UIB
How The Process Works -Two analyzers are involved in the automated process -UIB Analyzer: Program runs on a daily basis looking for matches between FCR UIB claims and open OCSS cases in our system -IWO Analyzer: If appropriate sends an Income Withholding Order to another state’s Employment Security Commission
State Classifications; Easy, Medium and Hard -Easy: Direct Income Withholding Order (IWO) (10 states and one territory currently allow this). IN, MI, MN, NY, ND, OH, OK, PA, PR, TN and WI. -If a state accepts IWOs directly, the system automatically sends an IWO to that state’s State Employment Security Commission (SESC).
-Medium: Limited Services Interstate Referral -If a state does not accept IWOs but does accept Limited Services Interstate Referrals, the system prints a Limited Services Interstate Referral document (UIFSA Transmittal 1) at the district offices printer. -Worker sends the Limited Services referral with any other necessary documents to the other state’s interstate central registry.