REPORT
DIGEST

 

Special Audit

AGENCIES’ USE OF THE COMPTROLLER’S OFFSET SYSTEM

 

Released: September 1998

 

 

State of Illinois
Office of the Auditor General
WILLIAM G. HOLLAND
Auditor General

 

Iles Park Plaza
740 East Ash Street
Springfield, IL 62703
(217) 782-6046
TDD: (217) 524-4646

SYNOPSIS

Legislative Audit Commission Resolution 110

LAC Resolution Number 110 directed the Auditor General to conduct a special audit to determine whether the ten agencies with the largest amount of net receivables in 1996 were placing all eligible debts in the Comptroller’s Offset System. The Offset System is a collection tool used to intercept State payments to debtors who owe the State money. In 1997, the Comptroller reported recovering $7.1 million through the Offset System.

At each of the ten agencies we randomly sampled 100 receivables over $1,000 and more than a year old. We found:

  • 522 receivables reviewed (52 percent) did not comply with the provisions of the State Collection Act or the Administrative Code which govern the use of the Offset System. Of these,
    • 330 were not placed in the Offset System by the  agencies, and
    • 192 were placed in the Offset System but not within one year, as required by the Act. On average, agencies submitted these 192 receivables to Offset 3.7 years after the debt’s due date.
  • 478 receivables reviewed (48 percent) complied with the provisions of the State Collection Act or Administrative Code. Of these,
    • 191 were placed by the State agency in the Offset System within one year, and
    • 287 were not eligible for offset (e.g., a deferred payment plan had been established).

In 121 of the 522 receivables not properly submitted, over $1 million may have been recovered had the debts been properly submitted to the Offset System. A large portion which may have been recovered, $947,000, was related to 32 accounts not submitted by the Department of Children and Family Services. DCFS has since begun using its internal offset process to recover approximately $675,000 of this debt.

We also found that: some receivables in the Offset System were not accurate; differences existed between the balances of receivables in agency records and the balances reported in the Offset System; and some receivable amounts reported to the Comptroller were either understated or overstated.

 
















































































The Offset System is a collection tool used to intercept payments to debtors who owe the State money.














As of December 31, 1997, the Comptroller reported that the total receivable balance owed to the State of Illinois was $7.5 billion.
































52 percent of the 1,000 receivables reviewed were not submitted to the Offset System as required by the State Collection Act or the Administrative Code.















Nineteen percent (191 of the 1,000 receivables) were placed in the Offset System in a timely manner.














Some agencies stated that it was not cost effective to submit all debts to the Offset System.











Nineteen percent of the receivable sampled were submitted to the Comptroller's Offset System, but after a year had passed.
















We determined that offset totaling $1,019,525 could have been taken in 121 of the 522 receivables which were not submitted, or submitted untimely, to the Offset System.












Based on our sample of 1,000 receivables, we projected that potentially $13.5 million could have been recovered if agencies had submitted all eligible accounts receivable that exceeded $1,000 and were over one year old.






























Eighteen sample cases with debt totaling over $684,000 could not be submitted to the Offset System due to a lack of an identification number.















REPORT CONCLUSIONS

The State Collection Act of 1986 requires that State agencies place debts which exceed $1,000 and are more than one year old in the Comptroller’s Offset System. The one year requirement was reduced to 90 days, effective January 1, 1998. The intercepted payment is then used to offset the debt owed to the State. The Comptroller reported recovering $7.1 million through the Offset System in calendar year 1997.

Legislative Audit Commission Resolution Number 110 directed the Auditor General to determine whether the ten agencies with the largest amount of net receivables in 1996 were placing all eligible debts in the Offset System. At each of the ten agencies, we randomly sampled 100 receivables over $1,000 and more than a year old.

Our review of the 1,000 receivables, which totaled $35.7 million, found the following:

  • 522 of the receivables reviewed (52 percent), totaling $6.1 million, did not comply with the provisions of the State Collection Act or the Administrative Code which govern the use of the Offset System. Of these 522 receivables,
    • 330 were not placed in the Offset System by the agencies, and
    • 192 were placed in the Offset System, butnot within the one year time period established in the Act.
  • The average age of the 330 receivables not submitted was 4.6 years. Regarding the 192 receivables submitted untimely, on average it took agencies 3.7 years from the due date of the debt to submit them to the Comptroller for offset.
  • 478 of the receivables reviewed (48 percent), totaling $29.6 million, complied with the provisions of the State Collection Act or Administrative Code. Of these 478 receivables,
    • 191 were placed by the State agency in the Offset System within the required one year period, and
    • 287 were exempt or not eligible for offset (for example, a deferred payment plan had been established).

In 121 of the 522 receivables not properly submitted, over $1 million in receivables may have been recovered had the debts been properly submitted to the Offset System. A large portion of the amount that may have been recovered, $947,000, was related to 32 accounts not submitted by the Department of Children and Family Services. In early 1998, DCFS began using its internal offset system to adjust payments to these providers and reported recovering $675,000 of the $947,000.

We also identified instances where the amounts of certain receivables maintained in the Offset System were not accurate. The University of Illinois erroneously submitted $4.8 million of claims that were already in the Offset System. The Department of Transportation submitted a debtor twice for the same claim and had double offsets taken. Almost $624,000 in child support receivables were incorrectly entered into the Offset System due to an error on a tape submitted by the Department of Public Aid. Comptroller personnel corrected the accounts in April 1998. Inaccuracy in the amount of a debt in the System increases the risk that too much or too little is recovered when a warrant is paid to a debtor of the State.

In the audit, we also found the following:

  • In 77 of the receivables sampled there was at least a $1,000 difference in the balance of the receivable in agency records and the balance reported in the Offset System. If the balances in the Offset System are not correct, this increases the risk that the incorrect amount of funds may be withheld.
  • The University of Illinois and the Department of Revenue had instances where receivable amounts reported to the Comptroller were either understated or overstated. Correct receivable information is important to accurately portray the financial position of the State.
  • Eighteen receivables totaling over $684,000 could not be submitted to the Offset System due to a lack of a social security number or employer identification number.

INTRODUCTION

Legislative Audit Commission Resolution Number 110 directed the Auditor General to conduct a special audit of the 10 agencies with the largest amount of net receivables, as identified in the Comptroller’s Receivables Report for 1996. The Resolution asked the Auditor General to determine whether all eligible debts have been placed in the Comptroller’s Offset System as required by law (see Appendix A).

The Offset System is a collection tool used to intercept payments to debtors who owe the State money. The intercepted payment is then used to offset the debt owed to the State. The Comptroller reported recovering $7.1 million through the Offset System in calendar year 1997. The 10 agencies in the scope of the special audit included:

  • Teachers’ Retirement System (TRS),
  • Illinois Student Assistance Commission (ISAC),
  • University of Illinois (U of I),
  • Southern Illinois University (SIU),
  • Department of Public Aid (DPA),
  • Department of Revenue (DOR),
  • Department of Employment Security (DES),
  • Department of Children and Family Services (DCFS),
  • Department of Transportation (IDOT), and
  • Department of Central Management Services (DCMS).

ACCOUNTS RECEIVABLE IN ILLINOIS

DIGEST EXHIBIT 1
STATE OF ILLINOIS RECEIVABLES
as of December 31, 1997
($ in millions)

Total Receivables
Less: Long-Term Loans
Gross Receivables
Less: Est. Uncollectibles
Net Receivables

$ 7,465
$ 2,659
$ 4,806
$ 2,467
$ 2,339

Source: 1997 State of Illinois Receivables Report

Accounts receivable are amounts or claims owed to the State by an individual, corporation, or some other entity. Receivables are assets waiting to be collected. Receivables can occur for a number of reasons. For example, they can result from overpayments made by a State agency for a good or service, or occur when an individual or corporation does not fully pay taxes due.

As of December 31, 1997, the Comptroller reported that the total receivable balance owed to the State of Illinois was $7.5 billion. As shown on Digest Exhibit 1, the $7.5 billion includes long-term loans ($2.7 billion) and estimated uncollectible receivables ($2.5 billion). The Comptroller excludes long-term loans (since long-term loans are not currently due) and estimated uncollectible receivables when calculating net receivables due the State.

The State Collection Act of 1986 (30 ILCS 210) establishes the basic requirements for the collection of accounts receivable. The Act gives the Comptroller’s Office the responsibility to establish by rule the procedures for State agencies to follow in establishing and recording amounts owed to the State of Illinois. It also prescribes the use of the Comptroller’s Offset System.

State agencies may use the Comptroller’s Offset System . . . for the collection of debts owed to the agency. All debts that exceed $1,000 and are more than 1 year past due shall be placed in the Comptroller’s Offset System, unless the State agency shall have entered into a deferred payment plan or demonstrates to the Comptroller’s satisfaction that referral for offset is not cost effective. [emphasis added]

Public Act 90-332, which was effective January 1, 1998, reduced the age of the debt that must be turned over to the Comptroller from 1 year to 90 days. Since this audit reviewed agencies’ accounts receivable as of June 30, 1997, the audit focuses on compliance with the one year requirement. (Report pages 3-6)

AGENCY COMPLIANCE WITH OFFSET REQUIREMENTS

As shown on Digest Exhibit 2, 52% (52 percent) of the 1,000 receivables reviewed were not submitted to the Offset System as required by the State Collection Act or the Administrative Code: 330 (33 percent) were not placed in the Offset System; the remaining 192 (19 percent) were placed in the Offset System, but after the one year prescribed time period.

Nineteen percent (191 of the 1,000 receivables) were placed in the Offset System in a timely manner. The remaining 287 receivables were not placed in the System, for reasons such as the agency had established a deferred payment plan with the debtor.

DIGEST EXHIBIT 3

ELIGIBLE RECEIVABLES SAMPLED WHICH

WERE NOT SUBMITTED TO THE

COMPTROLLER'S OFFSET SYSTEM

Agency

# of Eligible Cases Not in Offset

Dollar Amt of Debt at 6/30/97

Average Age of the Debt (Yrs)

U of I

73

$224,945.04

4.8

DOR

72

$262,266.90

5.8

DCFS

51

$2,387,491.21

1.6

DES

47

$218,302.64

4.8

ISAC

42

$330,346.61

6.5

CMS

16

$48,434.64

1.1

IDOT

13

$68,228.98

2.7

DPA

8

$23,984.74

11.4

SIU

8

$11,643.00

1.2

TRS

0

$0.00

0.0

Total:

330

$3,575,643.76

* 4.6

NOTE: * The average age of 4.6 years is calculated by dividing the total age of the 330 debts (1,501.7 years) by 330.
Source: OAG Summary of Sample Cases

The amount owed to the State for the 330 eligible accounts not placed in the Offset System totaled almost $3.6 million. The average age of these debts was 4.6 years. Digest Exhibit 3 summarizes by agency the eligible receivables not submitted to the Offset System.

As shown in Digest Exhibit 3, over half of the receivables sampled from the University of Illinois, the Department of Revenue, and the Department of Children and Family Services had not been submitted to the Offset System. Teachers’ Retirement System (TRS) had no exceptions. Most of the TRS receivables sampled were Early Retirement Incentive payments which have statutory authority to be paid off over a period of five years.

Some agencies did not submit receivables to the Offset System while the receivables were with a collection agency or with the Attorney General for collection activities. Other agencies stated that it was not cost effective to submit all debts to the Offset System. Department of Revenue officials stated they do not refer all debts because of the resources (staff and computer time) needed to notify debtors and update balances in the Offset System. Rather, the Department obtains a commercial warrant tape and runs its accounts receivable against that listing. If there is a match, then they send that receivable to the Offset System.

One of the exemptions from submitting claims to the Offset System in the State Collection Act is if the agency "demonstrates to the Comptroller’s satisfaction that referral for offset is not cost effective" (30 ILCS 210/5). The Illinois Administrative Code (74 ILAC 320.50) provides examples where referral may not be cost effective. Comptroller officials stated that documentation is required from an agency to demonstrate that submission of a receivable is not cost-effective.

In addition to the 330 receivables not submitted, another 192 accounts (19 percent) were not submitted to the Comptroller’s Offset System in a timely manner. The amount owed to the State for these 192 receivables totaled over $2.5 million. On average it took agencies 3.7 years from the due date of the 192 debts to submit them to the Comptroller. (Report pages 11-15)

 OFFSET RECOVERIES

For the 383 sampled receivables which were submitted to the Offset System, the Comptroller recovered $21,544. The Comptroller offset $18,695.44 in the 191 receivables properly submitted, for an average offset of $97.88. In addition, the Comptroller offset $2,848.70 for the 192 receivables that were untimely placed in the Offset System. The number of receivables for which money was offset totaled 76, or 20 percent of the 383 receivables sampled which were placed in the Offset System.

We also analyzed our sample of receivables to determine how much might have been recovered if agencies had submitted the 192 untimely receivables in a timely manner or had submitted the 330 eligible receivables which were not submitted. We determined that offsets could have been taken in 121 of these 522 receivables (23 percent), for a potential recovery of $1,019,525.

Most of the potential recoveries, $1.006 million, were from 88 of the 330 receivables which were never submitted to Offset. The remaining $13,915 in potential recovery was lost because the 192 receivables were not submitted in a timely fashion. For 33 of the 192 receivables, payments were made to debtors between the time the receivable was one year old and the time when it was submitted to Offset. Had the receivables been submitted within one year, these payments would have been available for offset.

A large portion of the potential recoveries was associated with DCFS receivables. Thirty-two debts from DCFS that were not submitted to the Offset System or submitted after one year had State payments sufficient to recover $947,242 in debt owed to the State. In the OAG Compliance Audit for the two years ended June 30, 1996, DCFS was cited for failure to monitor contract advances and accounts receivable related to Board receivables. In early 1998, DCFS began using its internal offset system to adjust payments to these providers and reported recovering $675,000 of the $947,242.

However, a DCFS official noted that 12 providers to whom overpayments totaling more than $376,000 were made no longer do business with the Department. The Department is considering placing these receivables with the Comptroller’s Offset System.

Most of the State payments which could have been recovered were either from income tax refunds or commercial vendor payments processed by the Comptroller. However, there was an instance where a State employee could have had payroll dollars offset had DCFS submitted the receivable and an instance where a lottery winner would have had a $2,500 prize offset had the Department of Employment Security submitted the account receivable.

Based on our sample of 1,000 receivables, we projected that potentially $13.5 million could have been recovered if agencies had submitted all eligible accounts receivable that exceeded $1,000 and were over one year old. Since many agency receivables were several years old, this $13.5 million does not represent an annual recovery amount, but rather, would be spread over several years. Also, some of these offsets may be protested by the debtor and may ultimately not be recovered. However, based on the results of our sample, there are additional monies that the State could be recovering if agencies submitted receivables as required. (Report pages 15-18)

OTHER FINDINGS

In our review of agencies’ reporting of receivables to the Comptroller’s Offset System, we identified other areas of note:

  • Failure to Update Balances: Seventy-seven of our receivables sampled had significant differences in the balance reported to the Auditor General at June 30, 1997 and the balance that was in the Offset System. Reasons for the differences between the two amounts may be due to payments received by the agencies but not recorded with the Comptroller or situations where an agency continues to add additional interest and/or penalties to the account. Failure to notify the Comptroller can result in situations where State warrants are incorrectly offset. (Report pages 20-21)
  • Lack of Identification Numbers: The ability of the Comptroller to offset State warrants is dependent upon having a valid debtor’s identification number (SSN or FEIN). Inability to provide an identification number makes the matching of warrants and debtors impossible. Eighteen sample cases with debt totaling over $684,000 could not be submitted to the Offset System due to a lack of an identification number. (Report pages 21-22)
  • Offsets Against State Agencies: The Comptroller withheld funds for debts that were submitted to the Offset System by one State agency against another State agency in two of the cases sampled. The State Collection Act does not prohibit State agencies from using the Offset System to recover debts owed to them by another State agency. However, the Comptroller’s procedures which provide guidance to agencies regarding the referral of debt to the Offset System excludes claims against another State agency. Comptroller officials stated they saw no legal reason why offsets could not be taken against payments to other State agencies. The officials stated that they will be making some changes in the Comptroller’s administrative rules and will look at this issue. (Report page 23)
  • Inaccurate Receivables Balances in the Offset System. The University of Illinois erroneously submitted $4.8 million of claims that were already in the Offset System. Almost $624,000 in child support receivables were incorrectly entered into the Offset System due to an error on a tape submitted by the Department of Public Aid. Comptroller personnel corrected the accounts in April 1998. Inaccuracy in the amount of a debt in the System increases the risk that too much or too little is recovered when a warrant is paid to a debtor of the State. (Report pages 26-28)
  • Reporting of Receivables: The University of Illinois and the Department of Revenue had instances where receivable amounts reported to the Comptroller were either understated or overstated. Correct receivable information is important to accurately portray the financial position of the State. (Report pages 25-26)

RECOMMENDATIONS

The audit report contains six recommendations to State agencies. The agencies generally concurred with the recommendations. Agency responses are included after each recommendation, as well as in Appendix D of the audit report.


_____________________________
WILLIAM  G. HOLLAND
Auditor General

September 1998