Bill Text: NY A07511 | 2021-2022 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: 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.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Introduced - Dead) 2022-05-03 - amended on third reading 7511a [A07511 Detail]

Download: New_York-2021-A07511-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7511

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                      May 12, 2021
                                       ___________

        Introduced by M. of A. JOYNER -- read once and referred to the Committee
          on Labor

        AN ACT to amend the labor law, in relation to waiving pandemic unemploy-
          ment  assistance repayments under certain circumstances; and providing
          for the repeal of such provisions upon expiration thereof

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The labor law is amended by adding a new section 597-a to
     2  read as follows:
     3    § 597-a. Waiver authority for certain overpayments of  pandemic  unem-
     4  ployment assistance. 1. Definitions. As used in this section:  "Pandemic
     5  unemployment assistance" shall mean unemployment insurance or assistance
     6  payments  made during the period of state disaster emergency declared by
     7  executive order 202 on March seventh, two thousand  twenty  pursuant  to
     8  any programs provided for by:
     9    (a) Title II of the federal CARES Act;
    10    (b)  The  federal  Continued  Assistance for Unemployed Workers Act of
    11  2020 within the Consolidated Appropriations Act, 2021; or
    12    (c) Title IX of the Federal American Rescue Plan Act of 2021.
    13    2. Waiver of certain repayments. When  a  claimant  has  received  any
    14  amount  of  pandemic  unemployment assistance to which such claimant was
    15  not entitled, the department shall require such claimant  to  repay  the
    16  amount  of  such  pandemic  unemployment  assistance  to the department,
    17  except that the commissioner shall waive such repayment  if  he  or  she
    18  determines that:
    19    (a)  the  payment of such pandemic unemployment assistance was without
    20  fault on the part of such claimant; and
    21    (b) such repayment would be contrary to equity and good conscience.
    22    3. Favorability to claimant. Evidence pertaining to paragraphs (a) and
    23  (b) of subdivision two of this section shall be interpreted to be favor-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10911-03-1
        A. 7511                             2

     1  able to the claimant to the maximum extent permissible under  applicable
     2  federal law.
     3    4.  Notice  of right to appeal or request waiver. When a determination
     4  by the commissioner or a decision by a referee, the appeal board,  or  a
     5  court  results  in  a  decrease  or  denial of any pandemic unemployment
     6  assistance payments previously dispersed to  the  claimant,  or  at  any
     7  other time it is determined that an overpayment of pandemic unemployment
     8  assistance  payments  has  occurred,  the claimant shall have a right to
     9  appeal such determination in accordance with  the  provisions  of  title
    10  eight of this article. Upon such determination or decision, the claimant
    11  shall  be notified in writing, by mail or electronically, within fifteen
    12  days of such determination or decision of his or  her  right  to  appeal
    13  such  determination  or  decision and to request a waiver of recovery of
    14  such overpayment. Such notice shall include, but shall  not  be  limited
    15  to:
    16    (i)  The  total amount of such overpayment and the cause of such over-
    17  payment;
    18    (ii) The schedule of repayment for such amounts overpaid;
    19    (iii) The means by which the commissioner is entitled  to  collect  or
    20  recover such overpayment;
    21    (iv)  An  explanation  of the claimant's right to appeal such determi-
    22  nation or decision in accordance with the provisions of this article and
    23  any rules and regulations promulgated thereunder;
    24    (v) An explanation of the standards by which a claimant shall  not  be
    25  found liable for the amounts overpaid, as set forth in this section; and
    26    (vi) The process by which the claimant may request and obtain a waiver
    27  of recovery of such overpayment.
    28    5.  Implementation  of  process.  The  commissioner  shall develop and
    29  implement a process by which claimants may request and obtain  a  waiver
    30  of recovery of pandemic unemployment assistance overpayment.
    31    6.  Waiver  as an initial determination. Nothing in this section shall
    32  be construed to limit the authority  of  the  commissioner  to  make  an
    33  initial determination to waive such overpayment without a request by the
    34  claimant.
    35    §  2.  This  act  shall take effect immediately and shall apply to all
    36  pandemic unemployment assistance repayments assessed on or  after  March
    37  27,  2020  and  shall  expire  December 31, 2022 when upon such date the
    38  provisions of this act shall be deemed repealed; provided, however  that
    39  such repeal shall not affect waivers made for the amounts received prior
    40  to that date.