New York State Assembly

 
•  Summary 
 
•  Actions 
 
•  Committee Votes 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 
 
•  LFIN 
 
•  Chamber Video/Transcript 

A06666 Summary:

A06666 Actions:

A06666 Committee Votes:

Committee:LABOR   Chair:Joyner      
DATE:04/28/2021AYE/NAY:20/8  Action: Favorable refer to committee Ways and Means        
Joyner
Aye
Brabenec
Nay
Abbate
Aye
DiPietro
Nay
Perry
Aye
Byrne
Nay
Colton
Aye
Morinello
Nay
Benedetto
Aye
DeStefano
Nay
Hevesi
Aye
Schmitt
Nay
Bronson
Aye
Durso
Nay
Rodriguez
Absent
Giglio
Nay
Rozic
Aye
Simon
Aye
Steck
Aye
Barnwell
Aye
Richardson
Aye
Rosenthal
Aye
Cruz
Aye
Reyes
Aye
De La Rosa
Aye
Ramos
Aye
Jacobson
Aye
Burgos
Aye
Zinerman
Aye

Committee:WAYS AND MEANS   Chair:Weinstein      
DATE:05/11/2021AYE/NAY:24/10  Action: Favorable         
Weinstein
Aye
Ra
Nay
Glick
Aye
Fitzpatrick
Nay
Nolan
Excused
Hawley
Nay
Pretlow
Aye
Montesano
Nay
Perry
Aye
Blankenbush
Nay
Colton
Aye
Norris
Nay
Cook
Aye
Brabenec
Nay
Cahill
Aye
Palmesano
Nay
Aubry
Aye
Byrne
Nay
Cusick
Aye
Ashby
Nay
Benedetto
Aye
Weprin
Aye
Rodriguez
Aye
Ramos
Aye
Braunstein
Aye
McDonald
Aye
Rozic
Aye
Dinowitz
Aye
Joyner
Aye
Magnarelli
Aye
Zebrowski
Aye
Bronson
Aye
Dilan
Aye
Seawright
Aye
Hyndman
Aye

A06666 Floor Votes:

A06666 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6666
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 24, 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 the recovery of overpay-
          ments of unemployment benefits; and to repeal  certain  provisions  of
          such law relating thereto
 
          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  594-a  to
     2  read as follows:
     3    §  594-a.  Recovery of overpayments. (1) Notwithstanding any provision
     4  of section five hundred ninety-four of this title to the  contrary,  any
     5  claimant  who has received benefits under the provisions of this article
     6  to which they were not entitled shall not be held liable for the amounts
     7  overpaid provided that all of the following conditions exist:
     8    (a) Such overpayment was not due to fraud or due to  a  willful  false
     9  statement or misrepresentation;
    10    (b)  Such  overpayment  was  received without fault on the part of the
    11  claimant; and
    12    (c) The recovery of such overpayment would be against equity and  good
    13  conscience.
    14    (2)  Notwithstanding any provision of section five hundred ninety-four
    15  of this title to the contrary, any claimant who  has  received  benefits
    16  paid  under  any federal unemployment and extended unemployment programs
    17  administered by the department to which they were not entitled shall not
    18  be held liable for the amounts overpaid, to the extent  permitted  under
    19  federal law, if all of the following conditions exist:
    20    (a)  Such  overpayment  was not due to fraud or due to a willful false
    21  statement or misrepresentation;
    22    (b) Such overpayment was received without fault on  the  part  of  the
    23  claimant; and
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10646-01-1
        A. 6666                             2
 
     1    (c)  The recovery of such overpayment would be against equity and good
     2  conscience.
     3    (3) When determining whether an overpayment was received without fault
     4  on the part of the claimant, the commissioner shall consider the follow-
     5  ing factors:
     6    (a)  The  nature and cause of such overpayment and the capacity of the
     7  claimant to recognize the error resulting in such overpayment;
     8    (b) Whether the claimant knew or reasonably should have known that  he
     9  or she was not lawfully entitled to receive such benefits;
    10    (c)  Whether  the  benefits  were  received or retained because of the
    11  claimant's good faith reliance  on  an  administrative  or  departmental
    12  error; and
    13    (d)  Whether  the  claimant  negligently  reported or failed to report
    14  information which resulted in such overpayment.
    15    (4) When determining whether the recovery of any overpayment would  be
    16  against  equity  and good conscience, the commissioner shall consider if
    17  such repayment would impose extraordinary hardship, including  financial
    18  hardship, on the claimant or the claimant's household.
    19    (5) (a) In the event that a new determination by the commissioner or a
    20  decision  by  a  referee,  the  appeal  board,  or  a court results in a
    21  decrease or denial of any benefits previously allowed, or at  any  other
    22  time it has been determined that an overpayment has occurred, the claim-
    23  ant  shall  be  notified  in  writing, by mail or electronically, within
    24  fifteen days of such determination or decision of his or  her  right  to
    25  appeal  such determination or decision and to request a waiver of recov-
    26  ery of such overpayment. Such notice shall include,  but  shall  not  be
    27  limited to:
    28    (i)  The  total amount of such overpayment and the cause of such over-
    29  payment;
    30    (ii) The schedule of repayment for such amounts overpaid;
    31    (iii) The means by which the commissioner is entitled  to  collect  or
    32  recover such overpayment;
    33    (iv)  An  explanation  of the claimant's right to appeal such determi-
    34  nation or decision in accordance with the provisions of this article and
    35  any rules and regulations promulgated thereunder;
    36    (v) An explanation of the standards by which a claimant shall  not  be
    37  found liable for the amounts overpaid, as set forth in this section; and
    38    (vi) The process by which the claimant may request and obtain a waiver
    39  of recovery of such overpayment.
    40    (b)  The  commissioner  shall  review  each waiver request in a manner
    41  consistent with conditions set forth in subdivisions one and two of this
    42  section to determine whether the claimant shall be held liable  for  any
    43  amounts  overpaid.  Any  claimant  who is found not to be liable for any
    44  amounts overpaid shall be entitled to receive  a  full  waiver  of  such
    45  overpayment  and  any  penalties and/or interest incurred as a result of
    46  such overpayment.
    47    (6) (a) Upon the denial of any  waiver  request,  or  upon  any  other
    48  determination by the commissioner or a decision by a referee, the appeal
    49  board,  or a court that a claimant shall be held liable for any overpay-
    50  ment, the claimant shall be notified in writing, by  mail  or  electron-
    51  ically,  within  fifteen  days  of such determination or decision.  Such
    52  notice shall set forth the reason for such denial,  if  applicable,  and
    53  his or her right to request an adjustment to his or her repayment sched-
    54  ule.
    55    (b)  The  commissioner  shall  grant  an  adjustment to the claimant's
    56  repayment schedule if at any time the claimant is  able  to  demonstrate
        A. 6666                             3
 
     1  that  there has been a material change in his or her financial condition
     2  which warrants such adjustment.
     3    § 2. Subdivision 4 of section 597 of the labor law is REPEALED.
     4    §  3.  This  act  shall take effect immediately and shall be deemed to
     5  have been in full force and effect on and after March 9, 2020.