Sec. 3. If an overpayment of benefits is created by a retroactive payment by the employer for: (1) awards by the National Labor Relations Board of additional pay, backpay, or for loss of employment; (2) any payments made under an agreement entered into by an employer, either a union or an employee, and the National Labor Relations Board; or (3) payments to an employee by an employing unit made pursuant to the terms and provisions of the Fair Labor Standards Act; and the employer offsets all or part of the overpaid benefits against the award, the employer shall remit the amount offset to the division.
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