REPORT
Special Audit AGENCIES USE OF THE COMPTROLLERS OFFSET SYSTEM
Released: September 1998
State of Illinois Office of the Auditor General WILLIAM G. HOLLAND Auditor General
Iles Park Plaza |
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 Comptrollers 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:
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.
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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 Comptrollers 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:
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:
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 Comptrollers Receivables Report for 1996. The Resolution asked the Auditor General to determine whether all eligible debts have been placed in the Comptrollers 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:
ACCOUNTS RECEIVABLE IN ILLINOIS
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 Comptrollers 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 Comptrollers Offset System.
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.
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 Comptrollers 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 Comptrollers 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 Comptrollers 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 Comptrollers Offset System, we identified other areas of note: 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.
September 1998 |