Bill Text: VA HB600 | 2022 | Regular Session | Prefiled
Bill Title: Unemployment compensation; continuation of benefits, repayment of overpayments.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-02-15 - Left in Commerce and Energy [HB600 Detail]
Download: Virginia-2022-HB600-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §§60.2-619 and 60.2-633, as they shall become effective, of the Code of Virginia are amended and reenacted as follows:
§60.2-619. (Effective July 1, 2022) Determinations and decisions by deputy; appeals therefrom.
A. 1. A representative designated by the Commission as a deputy, shall promptly examine the claim. On the basis of the facts found by him, the deputy shall either:
a. Determine whether or not such claim is valid, and if valid, the week with respect to which benefits shall commence, the weekly benefit amount payable and the maximum duration thereof; or
b. Refer such claim or any question involved therein to any appeal tribunal or to the Commission, which tribunal or Commission shall make its determination in accordance with the procedure described in §60.2-620.
2. When the payment or denial of benefits will be determined by the provisions of subdivision 2 of §60.2-612, the deputy shall promptly transmit his full finding of fact with respect to that subdivision to any appeal tribunal, which shall make its determination in accordance with the procedure described in §60.2-620.
B. Upon the filing of an initial claim for benefits, the
Commission shall cause an informatory notice of such filing to be mailed to the
most recent 30-day or 240-hour employing unit of the claimant and all
subsequent employing units, and any reimbursable employing units which that
may be liable for reimbursement to the Commission for any benefits paid.
However, the failure to furnish such notice shall not have any effect upon the
claim for benefits. If a claimant has had a
determination of initial eligibility for benefits under this chapter, as
evidenced by the issuance of compensation or waiting-week credit, payments
shall continue, subject to a presumption of continued eligibility
and in accordance with the terms of this subsection, until a determination is
made that provides the claimant notice and an opportunity to be heard. When a
question concerning continued eligibility for benefits arises, a determination
shall be made as to whether it affects future weeks of benefits or only past
weeks. With respect to future weeks, presumptive payment
shall not be made until but no later than the end of the week following the
week in which such issue arises, regardless of the type of issue. With respect
to past weeks, presumptive payment shall be issued immediately, regardless of
the type of issue. Notice shall be given to individuals who receive
payments under such presumption that pending eligibility may affect their
entitlement to the payment and may result in an overpayment that requires
repayment.
C. Notice of determination upon a claim shall be promptly
given to the claimant by delivering or by mailing such notice to the claimant's
last known address. In addition, notice of any determination which that
involves the application of the provisions of §60.2-618, together with the
reasons therefor, shall be promptly given in the same manner to the most recent
30-day or 240-hour employing unit by whom the claimant was last employed and
any subsequent employing unit which is a party. The Commission may dispense
with the giving of notice of any determination to any employing unit, and such
employing unit shall not be entitled to such notice if it has failed to respond
timely or adequately to a written request of the Commission for information, as
required by §60.2-528.1, from which the deputy may have determined that the
claimant may be ineligible or disqualified under any provision of this title.
The deputy shall promptly notify the claimant of any decision made by him at
any time which in any manner denies benefits to the claimant for one or more
weeks.
D. Such determination or decision shall be final unless the claimant or any such employing unit files an appeal from such determination or decision (i) within 30 calendar days after the delivery of such notification, (ii) within 30 calendar days after such notification was mailed to his last known address, or (iii) within 30 days after such notification was mailed to the last known address of an interstate claimant. For good cause shown, the 30-day period may be extended.
E. Benefits shall be paid promptly in accordance with a determination or redetermination under this chapter, or decision of an appeal tribunal, the Commission, the Board of Review or a reviewing court under §§ 60.2-625 and 60.2-631 upon the issuance of such determination, redetermination or decision, regardless of the pendency of the period to file an appeal or petition for judicial review that is provided in this chapter, or the pendency of any such appeal or review. Such benefits shall be paid unless or until such determination, redetermination or decision has been modified or reversed by a subsequent redetermination or decision, in which event benefits shall be paid or denied for weeks of unemployment thereafter in accordance with such modifying or reversing redetermination or decision. If a decision of an appeal tribunal allowing benefits is affirmed in any amount by the Commission, benefits shall continue to be paid until such time as a court decision has become final so that no further appeal can be taken. If an appeal is taken from the Commission's decision, benefits paid shall result in a benefit charge to the account of the employer under §60.2-530 only when, and as of the date on which, as the result of an appeal, the courts finally determine that the Commission should have awarded benefits to the claimant or claimants involved in such appeal.
§60.2-633. (Effective July 1, 2022) Receiving benefits to which not entitled.
A. Any person who has received any sum as benefits under this title to which he was not entitled shall be liable to repay such sum to the Commission. For purposes of this section, "benefits under this title" includes benefits under an unemployment benefit program of the United States or of any other state. In the event the claimant does not refund the overpayment, the Commission shall deduct from any future benefits such sum payable to him under this title. The Commission shall waive the requirement to repay the overpayment after an individual case review if (i) the overpayment was made without fault on the part of the individual and (ii) requiring repayment would be contrary to equity and good conscience.
For the purposes of this section:
1. An overpayment made "without fault on the part of the individual" shall include overpayments that (i) result from administrative error; (ii) are the result of inducement, solicitation, or coercion on the part of the employer; or (iii) result from the employer's failure to respond timely or adequately to the Commission's request for information, as required by §60.2-528.1. An overpayment shall not be considered "without fault on the part of the individual" if such overpayment was the result of (a) a reversal in the appeals process, unless the employer failed to respond timely or adequately to the Commission's request for information regarding the individual's separation from employment; (b) a programming, technological, or automatic system error not directly associated with an individual claim that results in erroneous payments to a group of individuals; or (c) fraud.
2. It shall be contrary to equity and good conscience if requiring repayment of an overpayment would deprive the individual of the income required to provide for basic necessities, including shelter, food, medicine, child care, or any other essential living expense.
However, if an
overpayment of benefits under this chapter, but not under an unemployment
benefit program of the United States or of any other state, occurred due to
administrative error, B. For any overpayment where repayment is not
forgiven, the Commission shall have the
authority to negotiate the terms of repayment, which shall include (i)
deducting up to 50 percent of the payable amount for any future week of
benefits claimed, rounded down to the next lowest dollar until the overpayment
is satisfied; (ii) forgoing collection of the payable amount until the recipient
has found employment as defined in §60.2-212; or (iii) determining and
instituting an individualized repayment plan. The Commission shall collect an
overpayment of benefits under this chapter caused by administrative error only
by offset against future benefits or a negotiated repayment plan; however, the
Commission may institute any other method of collection if the individual fails
to enter into or comply with the terms of the repayment plan. Administrative
error shall not include decisions reversed in the appeals process. In addition, the overpayment
Overpayments where the
obligation to repay has not been waived may be collectible
by civil action in the name of the Commission. Amounts collected in this manner
may be subject to an interest charge as prescribed in §58.1-15 from the date
of judgment and may be subject to fees and costs. Collection activities for any
benefit overpayment established of five dollars $5 or less may be suspended.
The Commission may, for good cause, determine as uncollectible and discharge
from its records any benefit overpayment which remains unpaid after the
expiration of seven years from the date such overpayment was determined, or
immediately upon the death of such person or upon his discharge in bankruptcy
occurring subsequently to the determination of overpayment. Any existing
overpayment balance not equal to an even dollar amount shall be rounded to the
next lowest even dollar amount.
B. C. The Commission is authorized
to accept repayment of benefit overpayments by use of a credit card. The
Virginia Employment Commission shall add to such payment a service charge for
the acceptance of such card. Such service charge shall not exceed the
percentage charged to the Virginia Employment Commission for use of such card.
D. No determination with respect to benefit overpayments shall be issued until after a determination or decision that funds a claimant ineligible or disqualified for benefits previously paid has become final.
E. The Commission shall notify each person with an unpaid overpayment of benefits established for claim weeks commencing on or after March 15, 2020, under this chapter or any unemployment benefit program of the United States or any other state, that such individual may be entitled to a waiver of obligation to repay such overpayment and shall provide 30 days from the date of such notification for the individual to request a waiver of repayment. For good cause shown, the Commission may extend the 30-day period for requesting a waiver. The Commission shall conduct an individualized review and adjudicate any request received in accordance with the provisions of §60.2-619, and any individual who is denied a waiver shall have the right to appeal as provided in subsection D of §60.2-619. In ruling on any waiver request, the Commission shall apply the provisions of this chapter or, if applicable, the overpayment waiver provisions of any unemployment compensation program of the United States.
C. F. Final orders of the
Commission with respect to benefit overpayments may be recorded, enforced and
satisfied as orders or decrees of a circuit court upon certification of such
orders by the Commissioner as may be appropriate.
G. All costs that result from implementing the provisions of this section shall be incurred by the Unemployment Compensation Fund. For an overpayment waived pursuant to this section, no individual employer shall be responsible for (i) reimbursing benefits or (ii) benefits charges, except as provided in §60.2-528.1.
2. That notwithstanding any provision to the contrary, the Virginia Employment Commission may suspend or forgo referring any overpayment established since March 15, 2020, to the collections process established under §2.2-4806 of the Code of Virginia.
