S T A T E   O F   N E W   Y O R K
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                                  7511--A
                                                         Cal. No. 362
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 12, 2021
                                ___________
 
 Introduced by M. of A. JOYNER, WOERNER, LAWLER -- read once and referred
   to  the Committee on Labor -- recommitted to the Committee on Labor in
   accordance with Assembly Rule 3, sec. 2 -- reported  and  referred  to
   the Committee on Codes -- reported from committee, advanced to a third
   reading,  amended  and  ordered  reprinted, retaining its place on the
   order of third reading
 
 AN ACT to amend the labor law, in relation to waiving repayment of unem-
   ployment pandemic benefits under certain circumstances
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The labor law is amended by adding a new section 597-a to
 read as follows:
   § 597-A. WAIVER AUTHORITY FOR CERTAIN OVERPAYMENTS OF  PANDEMIC  UNEM-
 PLOYMENT ASSISTANCE. 1. DEFINITIONS. AS USED IN THIS SECTION:
   (A)  "UNEMPLOYMENT PANDEMIC BENEFITS" OR "UPB" MEANS FEDERAL UNEMPLOY-
 MENT INSURANCE OR ASSISTANCE PAYMENTS INCLUDING  EXTENDED  BENEFITS  AND
 THE  FIRST WEEK OF REGULAR UNEMPLOYMENT INSURANCE MADE DURING THE PERIOD
 OF JANUARY TWENTY-SEVENTH, TWO THOUSAND TWENTY THROUGH SEPTEMBER  SIXTH,
 TWO THOUSAND TWENTY-ONE.
   (B)  "WITHOUT  FAULT" MEANS THE CLAIMANT HAS NOT KNOWINGLY SUPPLIED OR
 OMITTED FALSE INFORMATION, WITH THE INTENT TO  RECEIVE  BENEFITS,  WHICH
 DIRECTLY  RESULTED  IN  THE DEPARTMENT ISSUING UPB TO WHICH THE CLAIMANT
 WAS NOT ENTITLED.
   (C) "BLANKET WAIVER" MEANS A  WAIVER  AUTHORIZED  UNDER  FEDERAL  LAW,
 INCLUDING BUT NOT LIMITED TO UIPL 20-21 AND UIPL 20-21, CHANGE 1 AND ANY
 AND ALL SUBSEQUENT WAIVERS THAT THE FEDERAL GOVERNMENT AUTHORIZES STATES
 TO IMPLEMENT.
   (D)  "CATEGORICAL  WAIVERS"  MEANS  A  WAIVER FOR WHICH THE DEPARTMENT
 RECEIVES APPROVAL AFTER REQUESTING  PERMISSION  TO  IMPLEMENT  FROM  THE
 FEDERAL DEPARTMENT OF LABOR AND/OR APPROPRIATE FEDERAL AGENCY IN ACCORD-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10911-05-2
              

 A. 7511--A                          2
 
 ANCE WITH UIPL 20-21, CHANGE 1, ATTACHMENT 2. UPON APPROVAL, A CATEGORI-
 CAL WAIVER BECOMES A BLANKET WAIVER.
   (E)  "INDIVIDUAL WAIVER" MEANS A WAIVER MADE AVAILABLE TO EVERY CLAIM-
 ANT WHO HAS NOT BEEN APPROVED FOR A BLANKET WAIVER.
   (F) "FINAL DETERMINATION DATE" MEANS THE DATE THIRTY DAYS AFTER APPEAL
 RIGHTS HAVE BEEN EXHAUSTED OR ABANDONED.
   2. WAIVER OF CERTAIN REPAYMENTS. THE DEPARTMENT SHALL REVIEW  ALL  UPB
 OVERPAYMENTS  TO  DETERMINE  ELIGIBILITY  FOR WAIVERS AT THE TIME OF THE
 OVERPAYMENT DETERMINATION AND SHALL REVIEW  ALL  PREVIOUSLY  ISSUED  UPB
 OVERPAYMENT  DETERMINATIONS  RETROACTIVELY  TO DETERMINE ELIGIBILITY FOR
 WAIVERS AS DESCRIBED IN PARAGRAPHS (A), (B) AND (C) OF THIS SUBDIVISION.
 THE DEPARTMENT MUST COMPLETE ITS REVIEW OF PREVIOUSLY  DETERMINED  OVER-
 PAYMENTS  FOR  WAIVER  ELIGIBILITY WITHIN ONE HUNDRED TWENTY DAYS OF THE
 EFFECTIVE DATE OF THIS SECTION. PRIOR TO DENIAL OF A BLANKET WAIVER,  AS
 DESCRIBED  IN PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION, THE DEPARTMENT
 MUST ASSESS ALL UPB OVERPAYMENTS TO DETERMINE IF CLAIMANTS ARE  ELIGIBLE
 FOR  STATE  UNEMPLOYMENT  INSURANCE.    THE  DEPARTMENT SHALL ASSESS AND
 APPROVE ANY SUBSEQUENT  WAIVERS  NOT  PREVIOUSLY  AUTHORIZED  WHICH  THE
 FEDERAL  GOVERNMENT  AUTHORIZES  STATES  TO  IMPLEMENT. THERE SHALL BE A
 PRESUMPTION THAT CLAIMANTS ARE ELIGIBLE FOR UPB WAIVERS ABSENT CLEAR AND
 CONVINCING EVIDENCE TO THE CONTRARY.
   (A) THE DEPARTMENT SHALL  ASSESS  AND  APPROVE  BLANKET  WAIVERS.  THE
 DEPARTMENT SHALL PROACTIVELY IDENTIFY INDIVIDUALS ELIGIBLE FOR A BLANKET
 WAIVER  INCLUDING  THOSE WHO HAVE PREVIOUSLY BEEN DENIED WAIVERS. NOTICE
 OF A CLAIMANT'S APPROVAL FOR A BLANKET WAIVER MUST BE PROVIDED  PURSUANT
 TO SUBDIVISION THREE OF THIS SECTION WITHIN FOURTEEN DAYS OF THE DEPART-
 MENT'S  DECISION  TO  APPROVE THE BLANKET WAIVER. TO THE EXTENT THAT THE
 DEPARTMENT HAS COLLECTED BENEFITS FOR WHICH AN OVERPAYMENT WAS  ASSESSED
 WHICH  ARE  ELIGIBLE  FOR  A  BLANKET WAIVER, THE DEPARTMENT MUST REFUND
 BENEFITS TO CLAIMANTS WITHIN THIRTY DAYS OF WAIVER APPROVAL.
   (B) THE DEPARTMENT SHALL APPLY FOR APPROVAL OF CATEGORICAL WAIVERS  AS
 LISTED  IN  THIS SUBDIVISION WITHIN THIRTY DAYS OF THE EFFECTIVE DATE OF
 THIS SECTION. UPON APPROVAL OF A CATEGORICAL WAIVER, SUCH APPROVED WAIV-
 ER SHALL BE CONSIDERED TO BE A BLANKET WAIVER AND THE  REQUIREMENTS  FOR
 BLANKET  WAIVERS  AS  LISTED  IN PARAGRAPH (A) OF THIS SUBDIVISION SHALL
 APPLY.  THE DEPARTMENT SHALL REQUEST APPROVAL FOR THE FOLLOWING CATEGOR-
 ICAL WAIVERS:
   (I) ALL OVERPAYMENTS ASSESSED AGAINST EDUCATIONAL WORKERS PURSUANT  TO
 SUBDIVISIONS TEN AND ELEVEN OF SECTION FIVE HUNDRED NINETY OF THIS TITLE
 DURING CALENDAR YEAR TWO THOUSAND TWENTY;
   (II) ALL OVERPAYMENTS ASSESSED BECAUSE OF ALLEGED INELIGIBILITY DUE TO
 IMMIGRATION STATUS;
   (III)  ALL  OVERPAYMENTS  ASSESSED  AGAINST  THE  CLAIMANT  WHERE THEY
 RECEIVED CORRESPONDENCE, FORMS, OR ANY OTHER DOCUMENTATION IN A LANGUAGE
 THAT WAS NOT THEIR OWN OR IN A  MANNER  THAT  WAS  INACCESSIBLE  TO  THE
 CLAIMANT; OR DUE TO OTHER SIMILAR DIFFICULTIES (E.G., EDUCATION, LITERA-
 CY,  AND/OR  LANGUAGE  BARRIERS)  IN  UNDERSTANDING WHAT INFORMATION THE
 STATE NEEDED FROM THE CLAIMANT TO PROPERLY DETERMINE ELIGIBILITY;
   (IV) ALL OVERPAYMENTS ASSESSED BECAUSE THE CLAIMANT FILED IN THE WRONG
 STATE OR THERE WAS AN INCORRECTLY ADJUDICATED INTERSTATE CLAIM; AND
   (V) ALL OVERPAYMENTS ASSESSED AGAINST CLAIMANTS WHERE RECEIPT  OF  UPB
 WAS WITHOUT FAULT ON THE PART OF THE CLAIMANT.
   (C) IF AN INDIVIDUAL IS NOT APPROVED FOR A BLANKET WAIVER, THE DEPART-
 MENT  MUST  ASSESS EACH CLAIMANT'S ELIGIBILITY FOR A WAIVER INDIVIDUALLY
 AT THE TIME THE OVERPAYMENT IS ESTABLISHED. THE DEPARTMENT  SHALL  WAIVE
 SUCH  OVERPAYMENT REPAYMENT IF IT IS DETERMINED THAT THE PAYMENT OF SUCH
 A. 7511--A                          3
 
 UPB WAS WITHOUT FAULT ON THE PART OF SUCH CLAIMANT  AND  SUCH  REPAYMENT
 WOULD  BE  CONTRARY  TO  EQUITY  AND  GOOD  CONSCIENCE. THERE SHALL BE A
 PRESUMPTION THAT THE  CLAIMANT  IS  WITHOUT  FAULT  WHERE  THE  CLAIMANT
 PROVIDED  INCORRECT  INFORMATION  OR  FAILED  TO PROVIDE INFORMATION AND
 DOCUMENTATION IN THE FOLLOWING SITUATIONS:
   (I) THE DEPARTMENT PROVIDED CONFLICTING, CHANGING, OR CONFUSING INFOR-
 MATION OR INSTRUCTIONS;
   (II) THE DEPARTMENT TOOK MORE THAN SIX MONTHS TO IMPLEMENT  A  FEDERAL
 LAW REGARDING PROOF OF ELIGIBILITY FROM CLAIMANTS;
   (III)  THE  CLAIMANT  WAS UNABLE TO REACH THE DEPARTMENT DESPITE THEIR
 BEST EFFORTS TO INQUIRE OR CLARIFY INFORMATION THE INDIVIDUAL NEEDED  TO
 PROVIDE, DUE TO LANGUAGE, EDUCATION, LITERACY, DISABILITY OR OTHER SIMI-
 LAR BARRIERS;
   (IV) THE CLAIMANT WAS UNABLE TO UNDERSTAND THE DEPARTMENT'S NOTICES OR
 DIRECTIVES  DUE  TO  LANGUAGE,  EDUCATION,  LITERACY DISABILITY OR OTHER
 SIMILAR BARRIERS;
   (V) THE CLAIMANT CHOSE A REASON FOR SEPARATION WHICH IS LEGALLY INCOR-
 RECT; OR
   (VI) THE CLAIMANT HAD ASSISTANCE IN FILING  A  CLAIM,  CERTIFYING,  OR
 OTHERWISE  RESPONDING  TO  THE DEPARTMENT WHERE THE CLAIMANT'S ASSISTANT
 DID NOT CONFIRM REQUIRED INFORMATION WITH THE CLAIMANT OR  MISUNDERSTOOD
 SUCH INFORMATION PROVIDED BY THE CLAIMANT.
   (D)  THERE  SHALL  BE A PRESUMPTION THAT THE PAYMENT OF UPB IS WITHOUT
 FAULT IF THE OVERPAYMENT WAS DUE TO DEPARTMENT ERROR OR MISTAKE  OR  THE
 EMPLOYER  PROVIDED  INCORRECT  OR  UNTIMELY  INFORMATION. RECEIPT OF THE
 UNEMPLOYMENT INSURANCE CLAIMANT HANDBOOK SHALL NOT CREATE A  PRESUMPTION
 THAT  THE  CLAIMANT WAS ON NOTICE OF ITS CONTENTS AND SUCH RECEIPT SHALL
 NOT BE USED AGAINST THE CLAIMANT ON POINTS OF FACT OR LAW.
   (E) FOR PURPOSES OF THIS SECTION IT SHALL BE CONSIDERED TO BE "CONTRA-
 RY TO EQUITY AND GOOD CONSCIENCE" WHERE ANY ONE OR A COMBINATION OF  THE
 FOLLOWING APPLY:
   (I) RECOVERY WOULD CAUSE FINANCIAL HARDSHIP TO THE PERSON FROM WHOM IT
 IS SOUGHT;
   (II)  THE  RECIPIENT  OF THE OVERPAYMENT CAN SHOW, REGARDLESS OF THEIR
 FINANCIAL SITUATION, THAT REPAYMENT WOULD CAUSE  THEM  TO  RELINQUISH  A
 VALUABLE  RIGHT OR CHANGE THEIR POSITION FOR THE WORSE INCLUDING BUT NOT
 LIMITED TO SIGNING A LEASE, TAKING OUT A LOAN, OR PASSING  UP  STATE  OR
 FEDERAL ASSISTANCE IN RELIANCE ON RECEIPT OF UPB;
   (III)  WHERE THE INDIVIDUAL OR THEIR HOUSEHOLD IS IN RECEIPT OF SOCIAL
 SECURITY INCOME, SUPPLEMENTAL SECURITY INCOME, SOCIAL SECURITY DISABILI-
 TY, MEDICAID, MEDICARE, FREE OR  REDUCED  PUBLIC  SCHOOL  LUNCH,  FAMILY
 INVESTMENT  PROGRAM,  TEMPORARY ASSISTANCE, SUPPLEMENT NUTRITION ASSIST-
 ANCE PROGRAM BENEFITS (SNAP), NUTRITION BENEFITS PROVIDED AS PART OF THE
 SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS  AND  CHILDREN
 (WIC),  HOME  ENERGY  ASSISTANCE  PROGRAM  BENEFITS, SENIOR CITIZEN RENT
 INCREASE EXEMPTION, DISABILITY RENT INCREASE EXEMPTION,  RENTAL  SUBSIDY
 PURSUANT TO SECTION 8 OF THE HOUSING ACT OF 1937 AND/OR STATE LAW, OR IS
 AT  OR  BELOW FOUR HUNDRED PERCENT OF THE FEDERAL POVERTY GUIDELINES, OR
 IS LIVING IN PROJECT-BASED  SUBSIDIZED  HOUSING  AND  ANY  SUBSTANTIALLY
 EQUIVALENT SUCCESSOR PROGRAM TO THE AFOREMENTIONED BENEFITS PROGRAMS;
   (IV) WHERE THE INDIVIDUAL USED THE UNEMPLOYMENT BENEFITS TO MEET THEIR
 ORDINARY  LIVING  EXPENSES  INCLUDING  BUT  NOT  LIMITED  TO FOOD, RENT,
 MEDICAL COSTS AND/OR INSURANCE, DENTAL BILLS  AND/OR  INSURANCE,  SCHOOL
 LOANS, SCHOOL FEES, UTILITIES, CHILDCARE, MORTGAGE PAYMENTS, TRANSPORTA-
 TION,  PURCHASE  OR MAINTENANCE OF A CAR OR EQUIPMENT NEEDED FOR EMPLOY-
 MENT OR SELF-EMPLOYMENT, OR OPERATING EXPENSES FOR SELF-EMPLOYMENT;
 A. 7511--A                          4
 
   (V) WHERE THE DEPARTMENT MADE PROGRAMMING, TECHNOLOGICAL OR  AUTOMATED
 SYSTEM  ERRORS  OR WHERE INDIVIDUALS RELIED UPON THE DEPARTMENT'S PUBLI-
 CIZED INFORMATION LATER DETERMINED TO BE ERRONEOUS;
   (VI)  WHERE  REPRESENTATIVES  AND/OR AGENTS OF THE DEPARTMENT PROVIDED
 INFORMATION, UPON WHICH INDIVIDUALS RELIED OR OMITTED INFORMATION, WHICH
 RESULTED IN AN OVERPAYMENT;
   (VII) WHERE THE DEPARTMENT FAILED TO DETERMINE  A  NON-MONETARY  ISSUE
 WITHIN TWENTY-ONE DAYS AFTER THE DEPARTMENT HAD NOTICE OF THE ISSUE;
   (VIII) WHERE THE DEPARTMENT REVERSED A DECISION REGARDING A CLAIMANT'S
 ELIGIBILITY MORE THAN THIRTY DAYS AFTER THE INITIAL DETERMINATION;
   (IX)  WHERE THE DEPARTMENT FAILED TO COMMUNICATE WITH AN EMPLOYER, THE
 CLAIMANT, AND/OR OTHER RELEVANT PARTIES INCLUDING  BUT  NOT  LIMITED  TO
 FEDERAL,  STATE  OR  TERRITORIAL  GOVERNMENT ENTITIES, PRIOR TO AWARDING
 UNEMPLOYMENT BENEFITS;
   (X) WHERE THE DEPARTMENT FAILED TO COMMUNICATE WITH THE CLAIMANT IN  A
 MANNER OR FORMAT INACCESSIBLE TO THE INDIVIDUAL;
   (XI)  WHERE  A  DECISION  ON A HEARING THAT RESULTED IN AN OVERPAYMENT
 BEING ASSESSED WAS ISSUED MORE THAN THIRTY DAYS AFTER  THE  FIRST  UNEM-
 PLOYMENT BENEFIT PAYMENT;
   (XII)  WHERE THE OVERPAYMENT IS BASED ON UNEMPLOYMENT CLAIMS THAT WERE
 OPENED DURING A PERIOD WHEN THE DEPARTMENT FAILED TO SEND NOTICES WITHIN
 THIRTY DAYS TO EMPLOYERS OF CLAIMANTS HAVING APPLIED FOR BENEFITS;
   (XIII) WHERE THERE IS ANY OTHER REASON FOR WHICH RECOVERY OF THE OVER-
 PAYMENT WOULD BE AGAINST EQUITY AND GOOD CONSCIENCE  UNDER  THE  CIRCUM-
 STANCES;
   (XIV) WHERE IT WOULD BE UNFAIR TO REQUIRE REPAYMENT;
   (XV)  WHERE  REQUIRING  REPAYMENT  NOW WOULD UNDERMINE AN INDIVIDUAL'S
 FINANCIAL STABILITY AND THE PURPOSES FOR WHICH THE BENEFITS  WERE  PAID;
 AND/OR
   (XVI) WHERE RECOVERY WOULD BE UNCONSCIONABLE UNDER THE CIRCUMSTANCES.
   (F)  THE  DEPARTMENT SHALL PROVIDE CLAIMANTS, WHO HAVE PREVIOUSLY BEEN
 DENIED WAIVERS WITH APPLICATIONS FOR  INDIVIDUAL  WAIVERS  WITHIN  SIXTY
 DAYS  OF  THE  EFFECTIVE  DATE  OF  THIS SECTION. TO THE EXTENT THAT THE
 DEPARTMENT HAS COLLECTED BENEFITS FOR WHICH AN OVERPAYMENT WAS  ASSESSED
 WHICH  ARE ELIGIBLE FOR AN INDIVIDUAL WAIVER, THE DEPARTMENT MUST REFUND
 BENEFITS TO CLAIMANTS WITHIN THIRTY DAYS OF WAIVER APPROVAL.
   3. (A) THE DEPARTMENT SHALL NOTIFY EACH CLAIMANT WITH  AN  OVERPAYMENT
 OF THE FOLLOWING:
   (I)  THE  TOTAL AMOUNT OF SUCH OVERPAYMENT AND THE CAUSE OF SUCH OVER-
 PAYMENT;
   (II) THE AMOUNT OF THE OVERPAYMENT THAT IS WAIVED AND THE  REASON  WHY
 SOME OR ALL OF THE OVERPAYMENT WAS NOT WAIVED;
   (III) THE AVAILABILITY OF A TEN-YEAR PERIOD TO REPAY THE OVERPAYMENT;
   (IV)  THE  MEANS  BY  WHICH THE COMMISSIONER IS ENTITLED TO COLLECT OR
 RECOVER SUCH OVERPAYMENT;
   (V) AN EXPLANATION OF THE CLAIMANT'S RIGHT  TO  APPEAL  SUCH  DETERMI-
 NATION  OR  DECISION IN ACCORDANCE WITH THE PROVISIONS OF THIS TITLE AND
 ANY RULES AND REGULATIONS PROMULGATED THEREUNDER;
   (VI) AN EXPLANATION OF THE STANDARDS BY WHICH AN  OVERPAYMENT  CAN  BE
 WAIVED AS SET FORTH IN THIS SECTION; AND
   (VII)  THE  PROCESS  BY  WHICH  THE CLAIMANT MAY REQUEST AND OBTAIN AN
 INDIVIDUAL WAIVER OF RECOVERY OF SUCH OVERPAYMENT.
   (B) A COPY OF THE APPLICATION FOR INDIVIDUAL WAIVERS MUST BE SENT WITH
 THE NOTIFICATION DESCRIBED HEREIN.
   (C) A CLAIMANT WHO IS DISSATISFIED WITH A  DETERMINATION  REGARDING  A
 WAIVER  MAY,  WITHIN  SIXTY DAYS AFTER RECEIPT OF NOTICE OF THE DETERMI-
 A. 7511--A                          5
 
 NATION, REQUEST A HEARING. OVERPAYMENT  CLAIMANTS  SHALL  HAVE  ALL  THE
 APPEALS  RIGHTS  PROVIDED  BY  TITLE  EIGHT  OF THIS ARTICLE EXCEPT THAT
 REFEREES MAY EXTEND THE TIME FIXED FOR REQUESTING A  HEARING  UPON  GOOD
 CAUSE SHOWN.
   4. THE DEPARTMENT SHALL DEVELOP AND IMPLEMENT A PROCESS, WITHIN THIRTY
 DAYS  OF  THE  EFFECTIVE  DATE  OF  THIS SECTION, BY WHICH CLAIMANTS MAY
 REQUEST AND OBTAIN AN INDIVIDUAL WAIVER APPLICATION BY PHONE, FAX, MAIL,
 OR THROUGH THE DEPARTMENT'S TWO-WAY COMMUNICATION SYSTEM. ALL  NOTIFICA-
 TIONS SHALL BE TRANSLATED INTO THE TEN MOST COMMONLY SPOKEN LANGUAGES IN
 NEW  YORK  STATE.  ANY  NOTICE  NOT  FULLY  TRANSLATED INTO ONE OF THESE
 LANGUAGES MUST BE ACCOMPANIED BY A NOTICE  INFORMING  THE  RECIPIENT  OF
 WHERE  THEY MAY SEEK TRANSLATION AND OTHER ASSISTANCE AS PROVIDED BY THE
 DEPARTMENT.
   5. ANY FUNDS RECOUPED OR REPAID PRIOR TO THE GRANTING OF THESE WAIVERS
 SHALL BE RETURNED TO THE INDIVIDUAL WITHIN THIRTY  DAYS  OF  THE  WAIVER
 BEING GRANTED.
   6.  THE  DEPARTMENT SHALL ENSURE THAT NO OVERPAYMENTS ARE OR HAVE BEEN
 ESTABLISHED BASED ON A REDETERMINATION MORE  THAN  ONE  YEAR  AFTER  THE
 FIRST DATE FOR WHICH BENEFITS ARE PAID.
   7. (A) THE DEPARTMENT SHALL NOT PURSUE OR CONTINUE COLLECTION ACTIVITY
 PRIOR  TO  A  FINAL  DETERMINATION  REGARDING THE OVERPAYMENT AND THAT A
 CLAIMANT IS INELIGIBLE FOR ANY WAIVER.
   (B) WHERE AN OVERPAYMENT WAIVER IS DENIED, CLAIMANTS SHALL HAVE UP  TO
 TEN  YEARS  TO  REPAY  OVERPAYMENTS.  UPON  A  SHOWING OF THE CLAIMANT'S
 INABILITY TO REPAY, THE TEN-YEAR PERIOD SHALL BE EXTENDED TO AN  INDEFI-
 NITE  PERIOD  AS LONG AS THE CLAIMANT CAN MAKE A MINIMUM PAYMENT OF FIVE
 DOLLARS PER MONTH. OFFSETS SHALL BE LIMITED TO THREE YEARS.
   8. THE DEPARTMENT SHALL REPORT PUBLICLY ON ITS WEBSITE ON A  QUARTERLY
 BASIS   THE  FOLLOWING  INFORMATION  BY  RACE,  GENDER,  ETHNICITY,  AND
 LANGUAGE:  THE NUMBER OF OVERPAYMENT NOTIFICATIONS IT SENT TO CLAIMANTS,
 THE NUMBER OF WAIVER REQUESTS RECEIVED, THE NUMBER  OF  WAIVER  REQUESTS
 GRANTED,  THE  NUMBER  OF  WAIVER  REQUESTS  DENIED  AND, IF DENIED, THE
 REASONS FOR DENYING EACH WAIVER REQUEST.
   § 2. Subdivision 4 of section 597 of the  labor  law,  as  amended  by
 chapter  61  of  the laws of 1998, is amended and a new subdivision 5 is
 added to read as follows:
   4. Effect of review. Whenever a new determination in  accordance  with
 the  preceding subdivision or a decision by a referee, the appeal board,
 or a court results in  a  decrease  or  denial  of  benefits  previously
 allowed,  such  new  determination or decision, unless it shall be based
 upon a retroactive payment of remuneration, shall not affect the  rights
 to  any  benefits already paid under the authority of the prior determi-
 nation or decision provided they were accepted by the claimant  in  good
 faith  and  the claimant did not make [any] A WILLFUL false statement or
 representation and did not [wilfully] WILLFULLY  conceal  any  pertinent
 fact in connection with his or her claim for benefits.
   5.  THE  TERM  "WILLFUL"  AS IT IS USED IN THIS SECTION SHALL MEAN THE
 CLAIMANT INTENTIONALLY AND DELIBERATELY SUPPLIED OR OMITTED FALSE INFOR-
 MATION WHICH DIRECTLY RESULTED IN THE  DEPARTMENT  ISSUING  BENEFITS  TO
 WHICH THE CLAIMANT KNEW THEY WERE NOT ENTITLED.
   §  3.  This  act  shall take effect immediately and shall apply to all
 pandemic unemployment assistance repayments assessed on or  after  March
 27, 2020.