NY A00489

Establishes waiver authority for overpayment of federal unemployment pandemic benefits paid January 27, 2020 through September 6, 2021, allowing the department to waive repayment if benefits were received "without fault" and repayment would be contrary to equity and good conscience.

Requires the department to implement blanket waivers (federal waivers authorized by UIPL 20-21) and apply for categorical waivers within 30 days for educational workers, immigration-related denials, language barriers, interstate claims, and "without fault" overpayments.

Establishes presumption that claimants are eligible for waivers absent clear and convincing evidence to the contrary, and lists 16 specific circumstances (including department error, conflicting information, financial hardship, and use of benefits for living expenses) that constitute grounds for waiver under equity and good conscience.

Requires department to review all previously issued overpayment determinations for waiver eligibility within 120 days, notify claimants of waiver decisions within 14 days, refund collected amounts within 30 days of approval, and provide individual waiver applications and notices in the 10 most commonly spoken languages in New York.

Sets repayment term at 10 years with extension to indefinite period for claimants unable to repay if minimum $5 monthly payment is made; limits offsets to three years and prohibits collection activity before final overpayment determination.