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NY A07511
Bill
Status
5/12/2021
Primary Sponsor
Latoya Joyner
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AI Summary
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Creates new Labor Law Section 597-a authorizing the Department of Labor to waive repayment of federal unemployment pandemic benefits paid between January 27, 2020 and September 6, 2021 if payment was without fault and repayment would be contrary to equity and good conscience.
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Requires the Department to proactively approve and implement "blanket waivers" for: educational workers, individuals ineligible due to immigration status, those receiving materials in inaccessible languages, incorrectly adjudicated interstate claims, and all claimants where receipt was without fault.
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Establishes presumption of "without fault" in six specific circumstances including department error, conflicting guidance, inability to reach department, language barriers, and when claimant received assistance from a third party who misunderstood information.
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Defines "contrary to equity and good conscience" to include financial hardship, reliance on benefits for ordinary living expenses, department system errors, delayed determinations, and unconscionable circumstances.
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Requires Department to notify claimants of overpayments, waiver eligibility, appeal rights, and provide 10-year repayment period; allows indefinite extension upon showing inability to pay with minimum $5 monthly payment; mandates quarterly public reporting on waiver decisions disaggregated by race, gender, ethnicity, and language.
Legislative Description
Waives Unemployment Pandemic Benefits repayments in whole or in part if the payment of such pandemic unemployment assistance was without fault on the part of the claimant and such repayment would be contrary to equity and good conscience.
Last Action
amended on third reading 7511a
5/3/2022