NY A08928

Exempts claimants from repaying unemployment benefits received without fault starting January 27, 2020, if overpayment was not due to willful misrepresentation and recovery would be against equity and good conscience.

Establishes presumption of "without fault" status if department provided conflicting information, took over six months to implement federal eligibility requirements, claimant faced language or literacy barriers, or claimant had assistance filing that contained errors not confirmed with claimant.

Requires department to notify claimants of overpayments within 15 days, including explanation of waiver standards, waiver application process, and appeal rights; all notifications must be translated into 12 most commonly spoken languages in state.

Mandates claimants denied waivers receive repayment plans over at least three years based on ability to repay, with remaining debt written off after three years; allows adjustments if claimant's financial condition changes.

Requires department to provide waiver applications within 90 days to claimants denied waivers between March 9, 2020 and effective date, and refund collected amounts within 30 days of waiver approval.