Provides for the review of unemployment benefits claims up to three years after initial determination; requires the recovery of benefits unless the previous payment was not the result of the claimant's fraud or willful misrepresentation and the claimant demonstrates that recovery of the overpayment would be against equity.
STATE OF NEW YORK
________________________________________________________________________
9965
IN ASSEMBLY
April 22, 2022
___________
Introduced by M. of A. JOYNER -- (at request of the Department of Labor)
-- read once and referred to the Committee on Labor
AN ACT to amend the labor law, in relation to review of unemployment
benefits claims
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 3 and 4 of section 597 of the labor law,
2 subdivision 3 as amended by chapter 42 of the laws of 1961, subdivision
3 4 as amended by chapter 61 of the laws of 1998, are amended to read as
4 follows:
5 3. Limitation on review of determinations. Any determination regarding
6 a benefit claim may, in the absence of fraud or wilful misrepresen-
7 tation, be reviewed only within [one year] three years from the date it
8 is issued because of new or corrected information, or, if the review is
9 based thereon, within six months from a retroactive payment of remunera-
10 tion, provided that no decision on the merits of the case has been made
11 upon hearing or appeal. Such review shall be conducted and a new deter-
12 mination issued in accordance with the provisions of this article and
13 regulations and procedure prescribed thereunder with respect to the
14 adjudication and payment of claims, including the right of appeal.
15 4. Effect of review. Whenever a new determination in accordance with
16 the preceding subdivision or a decision by a referee, the appeal board,
17 or a court results in a decrease or denial of benefits previously
18 allowed, [such new determination or decision, unless it shall be based
19 upon a retroactive payment of remuneration, shall not affect the rights
20 to any benefits already paid under the authority of the prior determi-
21 nation or decision provided they were accepted by the claimant in good
22 faith and the claimant did not make any false statement or represen-
23 tation and did not wilfully conceal any pertinent fact in connection
24 with his or her claim for benefits] the department shall recover the
25 previously paid benefits, except that such recovery may be waived by the
26 department if the payment of benefits was not the result of the claim-
27 ant's fraud or willful misrepresentation and the claimant demonstrates
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13738-01-2
A. 9965 2
1 that recovery of the overpayment would be against equity and good
2 conscience.
3 § 2. This act shall take effect on the thirtieth day after it shall
4 have become law and shall apply to claims effective on or after January
5 3, 2022.
