If an overpayment of benefits is created by a retroactive payment by the employer for:

1. (1) awards by the National Labor Relations Board of additional pay, backpay, or for loss of employment;
2. (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. (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.

As added by P.L.20-1986, SEC.8.