S T A T E O F N E W Y O R K
________________________________________________________________________
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.