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NY A06666
Bill
Status
5/5/2022
Primary Sponsor
Latoya Joyner
Click for details
AI Summary
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Exempts claimants from liability for unemployment benefits overpayments if the overpayment was not due to fraud, willful misrepresentation, or claimant fault, and if recovery would be against equity and good conscience.
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Applies the same exemption standards to federal unemployment and extended unemployment programs administered by the department, to the extent permitted under federal law.
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Requires the commissioner to consider factors including the nature of the overpayment, whether the claimant knew or should have known they were ineligible, reliance on departmental error, and negligent reporting when determining if overpayment was received without fault.
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Mandates written notification within 15 days of any overpayment determination, including the overpayment amount, repayment schedule, appeal rights, waiver request procedures, and standards for liability exemption.
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Allows claimants to request waiver of overpayment recovery and grants full waivers of overpayment plus penalties and interest if claimant is found not liable; permits adjustment to repayment schedule if claimant demonstrates material change in financial condition.
Legislative Description
Provides that any claimant who has received certain unemployment benefits to which they were not entitled shall not be held liable for the amounts overpaid provided certain conditions exist.
Last Action
REFERRED TO LABOR
5/5/2022