S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8928
 
                           I N  A S S E M B L Y
 
                             January 30, 2024
                                ___________
 
 Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
   tee 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:

   Section  1.  The labor law is amended by adding a new section 594-a to
 read as follows:
   § 594-A. RECOVERY OF OVERPAYMENTS. (1) NOTWITHSTANDING  ANY  PROVISION
 OF  SECTION  FIVE HUNDRED NINETY-FOUR OF THIS TITLE TO THE CONTRARY, ANY
 CLAIMANT WHO HAS RECEIVED BENEFITS UNDER THE PROVISIONS OF THIS  ARTICLE
 TO WHICH THEY WERE NOT ENTITLED SHALL NOT BE HELD LIABLE FOR THE AMOUNTS
 OVERPAID PROVIDED THAT ALL OF THE FOLLOWING CONDITIONS EXIST:
   (A)  SUCH  OVERPAYMENT  WAS NOT DUE TO FRAUD OR DUE TO A WILLFUL FALSE
 STATEMENT OR MISREPRESENTATION;
   (B) SUCH OVERPAYMENT WAS RECEIVED WITHOUT FAULT ON  THE  PART  OF  THE
 CLAIMANT; AND
   (C)  THE RECOVERY OF SUCH OVERPAYMENT WOULD BE AGAINST EQUITY AND GOOD
 CONSCIENCE.
   (2) NOTWITHSTANDING ANY PROVISION OF SECTION FIVE HUNDRED  NINETY-FOUR
 OF  THIS  TITLE  TO THE CONTRARY, ANY CLAIMANT WHO HAS RECEIVED BENEFITS
 PAID UNDER ANY FEDERAL UNEMPLOYMENT AND EXTENDED  UNEMPLOYMENT  PROGRAMS
 ADMINISTERED BY THE DEPARTMENT TO WHICH THEY WERE NOT ENTITLED SHALL NOT
 BE  HELD  LIABLE FOR THE AMOUNTS OVERPAID, TO THE EXTENT PERMITTED UNDER
 FEDERAL LAW, IF ALL OF THE FOLLOWING CONDITIONS EXIST:
   (A) SUCH OVERPAYMENT WAS NOT DUE TO FRAUD OR DUE TO  A  WILLFUL  FALSE
 STATEMENT OR MISREPRESENTATION;
   (B)  SUCH  OVERPAYMENT  WAS  RECEIVED WITHOUT FAULT ON THE PART OF THE
 CLAIMANT; AND
   (C) THE RECOVERY OF SUCH OVERPAYMENT WOULD BE AGAINST EQUITY AND  GOOD
 CONSCIENCE.
   (3) WHEN DETERMINING WHETHER AN OVERPAYMENT WAS RECEIVED WITHOUT FAULT
 ON THE PART OF THE CLAIMANT, THE COMMISSIONER SHALL CONSIDER THE FOLLOW-
 ING FACTORS:
   (A)  THE  NATURE AND CAUSE OF SUCH OVERPAYMENT AND THE CAPACITY OF THE
 CLAIMANT TO RECOGNIZE THE ERROR RESULTING IN SUCH OVERPAYMENT;
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02352-01-3
 A. 8928                             2
 
   (B) WHETHER THE CLAIMANT KNEW OR REASONABLY SHOULD HAVE KNOWN THAT  HE
 OR SHE WAS NOT LAWFULLY ENTITLED TO RECEIVE SUCH BENEFITS;
   (C)  WHETHER  THE  BENEFITS  WERE  RECEIVED OR RETAINED BECAUSE OF THE
 CLAIMANT'S GOOD FAITH RELIANCE  ON  AN  ADMINISTRATIVE  OR  DEPARTMENTAL
 ERROR; AND
   (D)  WHETHER  THE  CLAIMANT  NEGLIGENTLY  REPORTED OR FAILED TO REPORT
 INFORMATION WHICH RESULTED IN SUCH OVERPAYMENT.
   (4) WHEN DETERMINING WHETHER THE RECOVERY OF ANY OVERPAYMENT WOULD  BE
 AGAINST  EQUITY  AND GOOD CONSCIENCE, THE COMMISSIONER SHALL CONSIDER IF
 SUCH REPAYMENT WOULD IMPOSE EXTRAORDINARY HARDSHIP, INCLUDING  FINANCIAL
 HARDSHIP, ON THE CLAIMANT OR THE CLAIMANT'S HOUSEHOLD.
   (5) (A) IN THE EVENT THAT A NEW DETERMINATION BY THE COMMISSIONER OR A
 DECISION  BY  A  REFEREE,  THE  APPEAL  BOARD,  OR  A COURT RESULTS IN A
 DECREASE OR DENIAL OF ANY BENEFITS PREVIOUSLY ALLOWED, OR AT  ANY  OTHER
 TIME IT HAS BEEN DETERMINED THAT AN OVERPAYMENT HAS OCCURRED, THE CLAIM-
 ANT  SHALL  BE  NOTIFIED  IN  WRITING, BY MAIL OR ELECTRONICALLY, WITHIN
 FIFTEEN DAYS OF SUCH DETERMINATION OR DECISION OF HIS OR  HER  RIGHT  TO
 APPEAL  SUCH DETERMINATION OR DECISION AND TO REQUEST A WAIVER OF RECOV-
 ERY OF SUCH OVERPAYMENT. SUCH NOTICE SHALL INCLUDE,  BUT  SHALL  NOT  BE
 LIMITED TO:
   (I)  THE  TOTAL AMOUNT OF SUCH OVERPAYMENT AND THE CAUSE OF SUCH OVER-
 PAYMENT;
   (II) THE SCHEDULE OF REPAYMENT FOR SUCH AMOUNTS OVERPAID;
   (III) THE MEANS BY WHICH THE COMMISSIONER IS ENTITLED  TO  COLLECT  OR
 RECOVER SUCH OVERPAYMENT;
   (IV)  AN  EXPLANATION  OF THE CLAIMANT'S RIGHT TO APPEAL SUCH DETERMI-
 NATION OR DECISION IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE AND
 ANY RULES AND REGULATIONS PROMULGATED THEREUNDER;
   (V) AN EXPLANATION OF THE STANDARDS BY WHICH A CLAIMANT SHALL  NOT  BE
 FOUND LIABLE FOR THE AMOUNTS OVERPAID, AS SET FORTH IN THIS SECTION; AND
   (VI) THE PROCESS BY WHICH THE CLAIMANT MAY REQUEST AND OBTAIN A WAIVER
 OF RECOVERY OF SUCH OVERPAYMENT.
   (B)  THE  COMMISSIONER  SHALL  REVIEW  EACH WAIVER REQUEST IN A MANNER
 CONSISTENT WITH CONDITIONS SET FORTH IN SUBDIVISIONS ONE AND TWO OF THIS
 SECTION TO DETERMINE WHETHER THE CLAIMANT SHALL BE HELD LIABLE  FOR  ANY
 AMOUNTS  OVERPAID.  ANY  CLAIMANT  WHO IS FOUND NOT TO BE LIABLE FOR ANY
 AMOUNTS OVERPAID SHALL BE ENTITLED TO RECEIVE  A  FULL  WAIVER  OF  SUCH
 OVERPAYMENT  AND  ANY  PENALTIES AND/OR INTEREST INCURRED AS A RESULT OF
 SUCH OVERPAYMENT.
   (6) (A) UPON THE DENIAL OF ANY  WAIVER  REQUEST,  OR  UPON  ANY  OTHER
 DETERMINATION BY THE COMMISSIONER OR A DECISION BY A REFEREE, THE APPEAL
 BOARD,  OR A COURT THAT A CLAIMANT SHALL BE HELD LIABLE FOR ANY OVERPAY-
 MENT, THE CLAIMANT SHALL BE NOTIFIED IN WRITING, BY  MAIL  OR  ELECTRON-
 ICALLY,  WITHIN  FIFTEEN  DAYS  OF SUCH DETERMINATION OR DECISION.  SUCH
 NOTICE SHALL SET FORTH THE REASON FOR SUCH DENIAL,  IF  APPLICABLE,  AND
 HIS OR HER RIGHT TO REQUEST AN ADJUSTMENT TO HIS OR HER REPAYMENT SCHED-
 ULE.
   (B)  THE  COMMISSIONER  SHALL  GRANT  AN  ADJUSTMENT TO THE CLAIMANT'S
 REPAYMENT SCHEDULE IF AT ANY TIME THE CLAIMANT IS  ABLE  TO  DEMONSTRATE
 THAT  THERE HAS BEEN A MATERIAL CHANGE IN HIS OR HER FINANCIAL CONDITION
 WHICH WARRANTS SUCH ADJUSTMENT.
   § 2. Subdivision 4 of section 597 of the labor law is REPEALED.
   § 3. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after March 9, 2020.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8928--A
 
                           I N  A S S E M B L Y
 
                             January 30, 2024
                                ___________
 
 Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
   tee on Labor -- recommitted to the Committee on  Labor  in  accordance
   with  Assembly  Rule  3, sec. 2 -- committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend the labor law, in relation to the recovery  of  overpay-
   ments  of  unemployment benefits; to direct the department of labor to
   provide claimants who have previously been denied waivers with  appli-
   cations  for  individual  waivers; 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:
 
   Section  1.  The labor law is amended by adding a new section 594-a to
 read as follows:
   § 594-A. RECOVERY OF OVERPAYMENTS. (1) DEFINITIONS. FOR  THE  PURPOSES
 OF THIS SECTION:
   (A)  "WITHOUT  FAULT"  MEANS  THE CLAIMANT DID NOT, WITH THE INTENT TO
 RECEIVE BENEFITS, INTENTIONALLY SUPPLY FALSE  INFORMATION  OR  KNOWINGLY
 OMIT  INFORMATION,  WHICH  DIRECTLY  RESULTED  IN THE DEPARTMENT ISSUING
 BENEFITS TO WHICH THE CLAIMANT KNEW THEY WERE NOT ENTITLED;
   (B) "FINAL DETERMINATION" MEANS THIRTY DAYS AFTER APPEAL  RIGHTS  HAVE
 BEEN EXHAUSTED OR ABANDONED.
   (C) "WILLFUL" MEANS INTENTIONAL AND DELIBERATE.
   (2)  NOTWITHSTANDING ANY PROVISION OF SECTION FIVE HUNDRED NINETY-FOUR
 OF THIS TITLE TO THE CONTRARY, ANY CLAIMANT WHO  HAS  RECEIVED  BENEFITS
 UNDER THE PROVISIONS OF THIS ARTICLE ON OR AFTER JANUARY TWENTY-SEVENTH,
 TWO  THOUSAND  TWENTY, TO WHICH THEY WERE NOT ENTITLED SHALL NOT BE HELD
 LIABLE FOR THE AMOUNTS OVERPAID  PROVIDED  THAT  ALL  OF  THE  FOLLOWING
 CONDITIONS EXIST:
   (A)  SUCH  OVERPAYMENT  WAS NOT DUE TO FRAUD OR DUE TO A WILLFUL FALSE
 STATEMENT OR MISREPRESENTATION;
   (B) SUCH OVERPAYMENT WAS RECEIVED WITHOUT FAULT ON  THE  PART  OF  THE
 CLAIMANT; AND
   (C)  THE RECOVERY OF SUCH OVERPAYMENT WOULD BE AGAINST EQUITY AND GOOD
 CONSCIENCE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02352-05-4
 A. 8928--A                          2
 
   (3) WHEN DETERMINING WHETHER AN OVERPAYMENT WAS RECEIVED WITHOUT FAULT
 ON THE PART OF THE CLAIMANT, THE COMMISSIONER SHALL CONSIDER THE FOLLOW-
 ING FACTORS:
   (A)  THE  NATURE AND CAUSE OF SUCH OVERPAYMENT AND THE CAPACITY OF THE
 CLAIMANT TO RECOGNIZE THE ERROR RESULTING IN SUCH OVERPAYMENT;
   (B) WHETHER THE CLAIMANT KNEW OR REASONABLY SHOULD HAVE KNOWN THAT  HE
 OR SHE WAS NOT LAWFULLY ENTITLED TO RECEIVE SUCH BENEFITS;
   (C)  WHETHER  THE  BENEFITS  WERE  RECEIVED OR RETAINED BECAUSE OF THE
 CLAIMANT'S GOOD FAITH RELIANCE  ON  AN  ADMINISTRATIVE  OR  DEPARTMENTAL
 ERROR; AND
   (D) WHETHER THE CLAIMANT WILLFULLY REPORTED OR FAILED TO REPORT INFOR-
 MATION WHICH RESULTED IN SUCH OVERPAYMENT.
   (4)  (A)  THERE  SHALL  BE  A PRESUMPTION THAT THE CLAIMANT IS WITHOUT
 FAULT IF:
   (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 SIMILAR
 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,  THOUGH  REASONABLE  FOR  THE  CLAIMANT TO HAVE SELECTED UNDER THE
 CIRCUMSTANCES; OR
   (VI) THE CLAIMANT HAD ASSISTANCE IN FILING  A  CLAIM,  CERTIFYING,  OR
 OTHERWISE  RESPONDING TO THE DEPARTMENT AND THE CLAIMANT'S ASSISTANT DID
 NOT CONFIRM REQUIRED INFORMATION WITH THE CLAIMANT OR MISUNDERSTOOD SUCH
 INFORMATION PROVIDED BY THE CLAIMANT, RESULTING IN  INACCURATE  INFORMA-
 TION BEING SUBMITTED WITHOUT THE CLAIMANT'S KNOWLEDGE.
   (B) THERE SHALL BE A PRESUMPTION THAT THE PAYMENT OF BENEFITS IS WITH-
 OUT  FAULT  IF THE OVERPAYMENT WAS DUE TO AGENCY ERROR OR MISTAKE OR THE
 EMPLOYER  PROVIDED  INCORRECT  OR  UNTIMELY  INFORMATION.   RECEIPT   OR
 POSSESSION  OF  THE CLAIMANTS' UNEMPLOYMENT INSURANCE HANDBOOK SHALL NOT
 CREATE A PRESUMPTION THAT THE CLAIMANT WAS ON NOTICE OF  THE  HANDBOOK'S
 CONTENTS NOR SHALL RECEIPT OR POSSESSION OF THE HANDBOOK BE USED AGAINST
 THE CLAIMANT ON POINTS OF FACT OR LAW.
   (5)  RECOVERY  OF  ANY  OVERPAYMENT  WOULD  BE AGAINST EQUITY AND GOOD
 CONSCIENCE IF:
   (A) RECOVERY WOULD CAUSE FINANCIAL HARDSHIP TO THE  PERSON  FROM  WHOM
 RECOVERY IS SOUGHT;
   (B)  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  DECLINING  OTHER
 STATE  OR  FEDERAL  ASSISTANCE  IN  RELIANCE  ON RECEIPT OF UNEMPLOYMENT
 INSURANCE BENEFITS;
   (C) THE INDIVIDUAL OR THEIR HOUSEHOLD RECEIVES SOCIAL SECURITY INCOME,
 SUPPLEMENTAL SECURITY  INCOME,  SOCIAL  SECURITY  DISABILITY,  MEDICAID,
 MEDICARE,  FREE  OR  REDUCED PUBLIC SCHOOL LUNCH, FIP, TEMPORARY ASSIST-
 ANCE, SUPPLEMENTAL  NUTRITION  ASSISTANCE  PROGRAM  BENEFITS,  NUTRITION
 BENEFITS  PROVIDED AS PART OF THE SPECIAL SUPPLEMENTAL NUTRITION PROGRAM
 FOR WOMEN, INFANTS AND CHILDREN (WIC), HOME  ENERGY  ASSISTANCE  PROGRAM
 A. 8928--A                          3
 
 BENEFITS,  SENIOR  CITIZEN  RENT  INCREASE  EXEMPTION,  DISABILITY  RENT
 INCREASE EXEMPTION, RENTAL SUBSIDY PURSUANT TO FEDERAL OR STATE LAW,  IS
 AT  OR  BELOW  FOUR HUNDRED PERCENT OF THE FEDERAL POVERTY GUIDELINES OR
 LIVING  IN  PROJECT-BASED SUBSIDIZED HOUSING OR ANY SUBSTANTIALLY EQUIV-
 ALENT SUCCESSOR PROGRAMS TO THE AFOREMENTIONED BENEFITS PROGRAMS;
   (D) THE INDIVIDUAL USED THE UNEMPLOYMENT BENEFITS TO MEET THEIR  ORDI-
 NARY LIVING EXPENSES, INCLUDING, BUT NOT LIMITED TO, FOOD, RENT, MEDICAL
 COSTS  OR  INSURANCE,  DENTAL  BILLS  OR INSURANCE, SCHOOL LOANS, SCHOOL
 FEES, UTILITIES, CHILD CARE, MORTGAGE PAYMENTS, TRANSPORTATION, PURCHASE
 OR MAINTENANCE OF A CAR OR EQUIPMENT NEEDED FOR EMPLOYMENT  OR  SELF-EM-
 PLOYMENT, OR OPERATING EXPENSES FOR SELF-EMPLOYMENT; OR
   (E)  THERE  IS  ANY OTHER REASON FOR WHICH RECOVERY OF THE OVERPAYMENT
 WOULD BE AGAINST EQUITY AND GOOD CONSCIENCE UNDER THE CIRCUMSTANCES.
   (6) (A) IN THE EVENT THAT A NEW DETERMINATION BY THE COMMISSIONER OR A
 DECISION BY A REFEREE, THE  APPEAL  BOARD,  OR  A  COURT  RESULTS  IN  A
 DECREASE  OR  DENIAL OF ANY BENEFITS PREVIOUSLY ALLOWED, OR AT ANY OTHER
 TIME IT HAS BEEN DETERMINED THAT AN OVERPAYMENT HAS OCCURRED, THE CLAIM-
 ANT SHALL BE NOTIFIED IN WRITING,  BY  MAIL  OR  ELECTRONICALLY,  WITHIN
 FIFTEEN  DAYS  OF  SUCH DETERMINATION OR DECISION OF HIS OR HER RIGHT TO
 APPEAL SUCH DETERMINATION OR DECISION AND TO REQUEST A WAIVER OF  RECOV-
 ERY  OF  SUCH  OVERPAYMENT.  SUCH NOTICE SHALL INCLUDE, BUT SHALL NOT BE
 LIMITED TO:
   (I) THE TOTAL AMOUNT OF SUCH OVERPAYMENT AND THE CAUSE OF  SUCH  OVER-
 PAYMENT;
   (II) THE SCHEDULE OF REPAYMENT FOR SUCH AMOUNTS OVERPAID;
   (III)  THE  MEANS  BY WHICH THE COMMISSIONER IS ENTITLED TO COLLECT OR
 RECOVER SUCH OVERPAYMENT;
   (IV) AN EXPLANATION OF THE CLAIMANT'S RIGHT TO  APPEAL  SUCH  DETERMI-
 NATION OR DECISION IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE AND
 ANY RULES AND REGULATIONS PROMULGATED THEREUNDER;
   (V)  AN  EXPLANATION OF THE STANDARDS BY WHICH A CLAIMANT SHALL NOT BE
 FOUND LIABLE FOR THE AMOUNTS OVERPAID, AS SET FORTH IN THIS SECTION;
   (VI) THE PROCESS BY WHICH THE CLAIMANT MAY REQUEST AND OBTAIN A WAIVER
 OF RECOVERY OF SUCH OVERPAYMENT, INCLUDING A COPY OF THE WAIVER APPLICA-
 TION; AND
   (VII) THE AMOUNT THAT IS WAIVED AND THE REASON WHY ANY OR ALL  OF  THE
 OVERPAYMENT WAS NOT WAIVED.
   (B)  THE  COMMISSIONER  SHALL  REVIEW  EACH WAIVER REQUEST IN A MANNER
 CONSISTENT WITH THIS SECTION TO DETERMINE WHETHER THE CLAIMANT SHALL  BE
 HELD  LIABLE  FOR ANY AMOUNTS OVERPAID. ANY CLAIMANT WHO IS FOUND NOT TO
 BE LIABLE FOR ANY AMOUNTS OVERPAID SHALL BE ENTITLED TO RECEIVE  A  FULL
 WAIVER  OF SUCH OVERPAYMENT AND ANY PREVIOUSLY IMPOSED PENALTIES ON SUCH
 OVERPAYMENT MUST BE RESCINDED ACCORDINGLY.
   (C) (I) ANY CLAIMANT WHO DISAGREES WITH A  DETERMINATION  REGARDING  A
 WAIVER  MAY REQUEST A HEARING WITHIN SIXTY DAYS OF RECEIPT OF THE DETER-
 MINATION.
   (II) CLAIMANTS SHALL HAVE ALL APPEALS RIGHTS AS PROVIDED  UNDER  TITLE
 EIGHT  OF  THIS  ARTICLE, EXCEPT THAT REFEREES MAY EXTEND THE TIME FIXED
 FOR REQUESTING A HEARING UPON GOOD CAUSE SHOWN.
   (III) WHEN A DETERMINATION IS MADE THAT THE CLAIMANT WAS AT FAULT, THE
 REFEREE AND UNEMPLOYMENT INSURANCE APPEALS BOARD SHALL REVIEW THE DETER-
 MINATION OF FAULT AND ANY WILLFUL MISREPRESENTATIONS DE NOVO.
   (D) THE DEPARTMENT SHALL WITHIN THIRTY DAYS OF THE EFFECTIVE  DATE  OF
 THIS  SECTION  DEVELOP  AND  IMPLEMENT  A PROCESS BY WHICH CLAIMANTS MAY
 REQUEST AND OBTAIN AN INDIVIDUAL WAIVER APPLICATION BY PHONE, FAX, MAIL,
 AND THROUGH THE DEPARTMENT'S TWO-WAY COMMUNICATION SYSTEM. THE  APPLICA-
 A. 8928--A                          4
 
 TION SHALL BE MADE AVAILABLE TO ALL CLAIMANTS WITHOUT REGARD TO A DETER-
 MINATION  OF FAULT OR WILLFULNESS IN THE RECEIPT OF THE CLAIMANT'S OVER-
 PAYMENT.
   (E)  ALL  NOTIFICATIONS SHALL BE TRANSLATED INTO THE TEN MOST COMMONLY
 SPOKEN LANGUAGES IN THE STATE.
   (F) ANY FUNDS RECOUPED OR REPAID PRIOR TO THE  GRANTING  OF  A  WAIVER
 UNDER  THIS  SECTION SHALL BE RETURNED TO THE CLAIMANT AS PROVIDED UNDER
 SUBDIVISION FIVE OF THIS SECTION.
   (7) (A) UPON THE DENIAL OF ANY  WAIVER  REQUEST,  OR  UPON  ANY  OTHER
 DETERMINATION BY THE COMMISSIONER OR A DECISION BY A REFEREE, THE APPEAL
 BOARD,  OR A COURT THAT A CLAIMANT SHALL BE HELD LIABLE FOR ANY OVERPAY-
 MENT, THE CLAIMANT SHALL BE NOTIFIED IN WRITING, BY  MAIL  OR  ELECTRON-
 ICALLY,  WITHIN  FIFTEEN  DAYS  OF SUCH DETERMINATION OR DECISION.  SUCH
 NOTICE SHALL SET FORTH THE REASON FOR SUCH DENIAL,  IF  APPLICABLE,  AND
 HIS OR HER RIGHT TO REQUEST AN ADJUSTMENT TO HIS OR HER REPAYMENT SCHED-
 ULE.
   (B)  WHERE  A  WAIVER REQUEST IS DENIED, A CLAIMANT SHALL BE OFFERED A
 REPAYMENT PLAN TO PAY DOWN THE AMOUNT OWED OVER A PERIOD OF TIME NO LESS
 THAN THREE YEARS. THE DURATION OF A REPAYMENT PLAN SHALL BE BASED ON THE
 CLAIMANT'S ABILITY TO PAY. UPON A SHOWING OF FINANCIAL HARDSHIP,  REPAY-
 MENT  PLANS  SHALL BE SET FOR AN INDEFINITE PERIOD WITH MINIMUM PAYMENTS
 OF NO LESS THAN FIVE DOLLARS PER MONTH. NOTHING IN  THIS  SECTION  SHALL
 IMPEDE  THE  ABILITY OF THE DEPARTMENT TO DISCHARGE, WRITE OFF, OR WAIVE
 ANY OVERPAYMENT.
   (C) THE COMMISSIONER SHALL  GRANT  AN  ADJUSTMENT  TO  THE  CLAIMANT'S
 REPAYMENT  SCHEDULE  IF  AT ANY TIME THE CLAIMANT IS ABLE TO DEMONSTRATE
 THAT THERE HAS BEEN A CHANGE IN HIS OR  HER  FINANCIAL  CONDITION  WHICH
 WARRANTS  SUCH ADJUSTMENT.  THE DEPARTMENT SHALL NOTIFY CLAIMANTS OF THE
 ABILITY TO SEEK A MODIFIED REPAYMENT PLAN IN WRITING UPON THE CLAIMANT'S
 ENTRY INTO A REPAYMENT PLAN.
   § 2. Subdivision 4 of section 597 of the labor law is REPEALED.
   § 3. Within sixty days of the effective date of this act, the  depart-
 ment  of  labor  shall provide claimants who have previously been denied
 waivers between March 9, 2020, and the effective date of this  act  with
 applications  for individual waivers. If it is found that the department
 has collected benefits from a claimant as a result of the recovery of an
 overpayment which would be barred under the provisions of this act,  the
 department shall refund such benefits to the claimant within thirty days
 of the approval of the waiver.
   §  4.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after March 9, 2020.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8928--B
 
                           I N  A S S E M B L Y
 
                             January 30, 2024
                                ___________
 
 Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
   tee on Labor -- recommitted to the Committee on  Labor  in  accordance
   with  Assembly  Rule  3, sec. 2 -- committee discharged, bill amended,
   ordered reprinted as amended and  recommitted  to  said  committee  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee

 AN ACT to amend the labor law, in relation to the recovery  of  overpay-
   ments  of  unemployment benefits; to direct the department of labor to
   provide claimants who have previously been denied waivers with  appli-
   cations  for  individual  waivers; 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:
 
   Section  1.  The labor law is amended by adding a new section 594-a to
 read as follows:
   § 594-A. RECOVERY OF OVERPAYMENTS. (1) DEFINITIONS. FOR  THE  PURPOSES
 OF THIS SECTION:
   (A)  "WITHOUT  FAULT"  MEANS  THE CLAIMANT DID NOT, WITH THE INTENT TO
 RECEIVE BENEFITS, INTENTIONALLY SUPPLY FALSE  INFORMATION  OR  KNOWINGLY
 OMIT  INFORMATION,  WHICH  DIRECTLY  RESULTED  IN THE DEPARTMENT ISSUING
 BENEFITS TO WHICH THE CLAIMANT KNEW THEY WERE NOT ENTITLED;
   (B) "FINAL DETERMINATION" MEANS THIRTY DAYS AFTER APPEAL  RIGHTS  HAVE
 BEEN EXHAUSTED OR ABANDONED.
   (C)  "WILLFUL MISREPRESENTATION" OR "WILLFUL FALSE STATEMENT" MEANS AN
 INTENTIONAL, KNOWING, OR  DELIBERATELY  FALSE  REPRESENTATION  FROM  THE
 CLAIMANT  TO THE DEPARTMENT, MADE IN ORDER TO OBTAIN UNEMPLOYMENT INSUR-
 ANCE BENEFITS. "KNOWING" FOR THE PURPOSES OF THIS PARAGRAPH MEANS HAVING
 ACTUAL KNOWLEDGE.
   (2) NOTWITHSTANDING ANY PROVISION OF SECTION FIVE HUNDRED  NINETY-FOUR
 OF  THIS  TITLE  TO THE CONTRARY, ANY CLAIMANT WHO HAS RECEIVED BENEFITS
 UNDER THE PROVISIONS OF THIS ARTICLE ON OR AFTER JANUARY TWENTY-SEVENTH,
 TWO THOUSAND TWENTY, TO WHICH THEY WERE NOT ENTITLED SHALL NOT  BE  HELD
 LIABLE  FOR  THE  AMOUNTS  OVERPAID  PROVIDED  THAT ALL OF THE FOLLOWING
 CONDITIONS EXIST:
   (A) SUCH OVERPAYMENT WAS NOT DUE  TO  A  WILLFUL  FALSE  STATEMENT  OR
 MISREPRESENTATION;
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02352-06-4
 A. 8928--B                          2
 
   (B)  SUCH  OVERPAYMENT  WAS  RECEIVED WITHOUT FAULT ON THE PART OF THE
 CLAIMANT; AND
   (C)  THE RECOVERY OF SUCH OVERPAYMENT WOULD BE AGAINST EQUITY AND GOOD
 CONSCIENCE.
   (3) WHEN DETERMINING WHETHER AN OVERPAYMENT WAS RECEIVED WITHOUT FAULT
 ON THE PART OF THE CLAIMANT, THE COMMISSIONER SHALL CONSIDER THE FOLLOW-
 ING FACTORS:
   (A) THE NATURE AND CAUSE OF SUCH OVERPAYMENT AND THE CAPACITY  OF  THE
 CLAIMANT TO RECOGNIZE THE ERROR RESULTING IN SUCH OVERPAYMENT;
   (B)  WHETHER  THE  CLAIMANT  KNEW OR REASONABLY SHOULD HAVE KNOWN THAT
 SUCH CLAIMANT WAS NOT LAWFULLY ENTITLED TO RECEIVE SUCH BENEFITS;
   (C) WHETHER THE BENEFITS WERE RECEIVED  OR  RETAINED  BECAUSE  OF  THE
 CLAIMANT'S  GOOD  FAITH  RELIANCE  ON  AN ADMINISTRATIVE OR DEPARTMENTAL
 ERROR; AND
   (D) WHETHER THE CLAIMANT WILLFULLY REPORTED OR FAILED TO REPORT INFOR-
 MATION WHICH RESULTED IN SUCH OVERPAYMENT.
   (4) (A) THERE SHALL BE A PRESUMPTION  THAT  THE  CLAIMANT  IS  WITHOUT
 FAULT IF:
   (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  SIMILAR
 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, THOUGH REASONABLE FOR THE CLAIMANT  TO  HAVE  SELECTED  UNDER  THE
 CIRCUMSTANCES; OR
   (VI)  THE  CLAIMANT  HAD  ASSISTANCE IN FILING A CLAIM, CERTIFYING, OR
 OTHERWISE RESPONDING TO THE DEPARTMENT AND THE CLAIMANT'S ASSISTANT  DID
 NOT CONFIRM REQUIRED INFORMATION WITH THE CLAIMANT OR MISUNDERSTOOD SUCH
 INFORMATION  PROVIDED  BY THE CLAIMANT, RESULTING IN INACCURATE INFORMA-
 TION BEING SUBMITTED WITHOUT THE CLAIMANT'S KNOWLEDGE.
   (B) THERE SHALL BE A PRESUMPTION THAT THE PAYMENT OF BENEFITS IS WITH-
 OUT FAULT IF THE OVERPAYMENT WAS DUE TO AGENCY ERROR OR MISTAKE  OR  THE
 EMPLOYER   PROVIDED   INCORRECT  OR  UNTIMELY  INFORMATION.  RECEIPT  OR
 POSSESSION OF THE CLAIMANTS' UNEMPLOYMENT INSURANCE HANDBOOK  SHALL  NOT
 CREATE  A  PRESUMPTION THAT THE CLAIMANT WAS ON NOTICE OF THE HANDBOOK'S
 CONTENTS NOR SHALL RECEIPT OR POSSESSION OF THE HANDBOOK BE USED AGAINST
 THE CLAIMANT ON POINTS OF FACT OR LAW.
   (5) RECOVERY OF ANY OVERPAYMENT  WOULD  BE  AGAINST  EQUITY  AND  GOOD
 CONSCIENCE IF:
   (A)  RECOVERY  WOULD  CAUSE FINANCIAL HARDSHIP TO THE PERSON FROM WHOM
 RECOVERY IS SOUGHT;
   (B) 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 DECLINING OTHER
 STATE OR FEDERAL ASSISTANCE  IN  RELIANCE  ON  RECEIPT  OF  UNEMPLOYMENT
 INSURANCE BENEFITS;
   (C) THE INDIVIDUAL OR THEIR HOUSEHOLD RECEIVES SOCIAL SECURITY INCOME,
 SUPPLEMENTAL  SECURITY  INCOME,  SOCIAL  SECURITY  DISABILITY, MEDICAID,
 A. 8928--B                          3
 
 MEDICARE, FREE OR REDUCED PUBLIC SCHOOL LUNCH,  FIP,  TEMPORARY  ASSIST-
 ANCE,  SUPPLEMENTAL  NUTRITION  ASSISTANCE  PROGRAM  BENEFITS, 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 FEDERAL OR STATE LAW, IS
 AT OR BELOW FOUR HUNDRED PERCENT OF THE FEDERAL  POVERTY  GUIDELINES  OR
 LIVING  IN  PROJECT-BASED SUBSIDIZED HOUSING OR ANY SUBSTANTIALLY EQUIV-
 ALENT SUCCESSOR PROGRAMS TO THE AFOREMENTIONED BENEFITS PROGRAMS;
   (D) THE INDIVIDUAL USED THE UNEMPLOYMENT BENEFITS TO MEET THEIR  ORDI-
 NARY LIVING EXPENSES, INCLUDING, BUT NOT LIMITED TO, FOOD, RENT, MEDICAL
 COSTS  OR  INSURANCE,  DENTAL  BILLS  OR INSURANCE, SCHOOL LOANS, SCHOOL
 FEES, UTILITIES, CHILD CARE, MORTGAGE PAYMENTS, TRANSPORTATION, PURCHASE
 OR MAINTENANCE OF A CAR OR EQUIPMENT NEEDED FOR EMPLOYMENT  OR  SELF-EM-
 PLOYMENT, OR OPERATING EXPENSES FOR SELF-EMPLOYMENT; OR
   (E)  THERE  IS  ANY OTHER REASON FOR WHICH RECOVERY OF THE OVERPAYMENT
 WOULD BE AGAINST EQUITY AND GOOD CONSCIENCE UNDER THE CIRCUMSTANCES.
   (6) (A) IN THE EVENT THAT A NEW DETERMINATION BY THE COMMISSIONER OR A
 DECISION BY A REFEREE, THE  APPEAL  BOARD,  OR  A  COURT  RESULTS  IN  A
 DECREASE  OR  DENIAL OF ANY BENEFITS PREVIOUSLY ALLOWED, OR AT ANY OTHER
 TIME IT HAS BEEN DETERMINED THAT AN OVERPAYMENT HAS OCCURRED, THE CLAIM-
 ANT SHALL BE NOTIFIED IN WRITING,  BY  MAIL  OR  ELECTRONICALLY,  WITHIN
 FIFTEEN  DAYS OF SUCH DETERMINATION OR DECISION OF SUCH CLAIMANT'S RIGHT
 TO APPEAL SUCH DETERMINATION OR DECISION AND  TO  REQUEST  A  WAIVER  OF
 RECOVERY  OF  SUCH OVERPAYMENT. SUCH NOTICE SHALL INCLUDE, BUT SHALL NOT
 BE LIMITED TO:
   (I) THE TOTAL AMOUNT OF SUCH OVERPAYMENT AND THE CAUSE OF  SUCH  OVER-
 PAYMENT;
   (II) THE SCHEDULE OF REPAYMENT FOR SUCH AMOUNTS OVERPAID;
   (III)  THE  MEANS  BY WHICH THE COMMISSIONER IS ENTITLED TO COLLECT OR
 RECOVER SUCH OVERPAYMENT;
   (IV) AN EXPLANATION OF THE CLAIMANT'S RIGHT TO  APPEAL  SUCH  DETERMI-
 NATION OR DECISION IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE AND
 ANY RULES AND REGULATIONS PROMULGATED THEREUNDER;
   (V)  AN  EXPLANATION OF THE STANDARDS BY WHICH A CLAIMANT SHALL NOT BE
 FOUND LIABLE FOR THE AMOUNTS OVERPAID, AS SET FORTH IN THIS SECTION;
   (VI) THE PROCESS BY WHICH THE CLAIMANT MAY REQUEST AND OBTAIN A WAIVER
 OF RECOVERY OF SUCH OVERPAYMENT, INCLUDING A COPY OF THE WAIVER APPLICA-
 TION; AND
   (VII) THE AMOUNT THAT IS WAIVED AND THE REASON WHY ANY OR ALL  OF  THE
 OVERPAYMENT WAS NOT WAIVED.
   (B)  THE  COMMISSIONER  SHALL  REVIEW  EACH WAIVER REQUEST IN A MANNER
 CONSISTENT WITH THIS SECTION TO DETERMINE WHETHER THE CLAIMANT SHALL  BE
 HELD  LIABLE  FOR ANY AMOUNTS OVERPAID. ANY CLAIMANT WHO IS FOUND NOT TO
 BE LIABLE FOR ANY AMOUNTS OVERPAID SHALL BE ENTITLED TO RECEIVE  A  FULL
 WAIVER  OF SUCH OVERPAYMENT AND ANY PREVIOUSLY IMPOSED PENALTIES ON SUCH
 OVERPAYMENT MUST BE RESCINDED ACCORDINGLY.
   (C) (I) ANY CLAIMANT WHO DISAGREES WITH A  DETERMINATION  REGARDING  A
 WAIVER  MAY REQUEST A HEARING WITHIN SIXTY DAYS OF RECEIPT OF THE DETER-
 MINATION.
   (II) CLAIMANTS SHALL HAVE ALL APPEALS RIGHTS AS PROVIDED  UNDER  TITLE
 EIGHT  OF  THIS  ARTICLE, EXCEPT THAT REFEREES MAY EXTEND THE TIME FIXED
 FOR REQUESTING A HEARING UPON GOOD CAUSE SHOWN.
   (III) WHEN A DETERMINATION IS MADE THAT THE CLAIMANT WAS AT FAULT, THE
 REFEREE AND UNEMPLOYMENT INSURANCE APPEALS BOARD SHALL REVIEW THE DETER-
 MINATION OF FAULT AND ANY WILLFUL MISREPRESENTATIONS DE NOVO.
 A. 8928--B                          4
 
   (D) THE DEPARTMENT SHALL WITHIN THIRTY DAYS OF THE EFFECTIVE  DATE  OF
 THIS  SECTION  DEVELOP  AND  IMPLEMENT  A PROCESS BY WHICH CLAIMANTS MAY
 REQUEST AND OBTAIN AN INDIVIDUAL WAIVER APPLICATION BY PHONE, FAX, MAIL,
 AND THROUGH THE DEPARTMENT'S TWO-WAY COMMUNICATION SYSTEM. THE  APPLICA-
 TION SHALL BE MADE AVAILABLE TO ALL CLAIMANTS WITHOUT REGARD TO A DETER-
 MINATION  OF FAULT OR WILLFULNESS IN THE RECEIPT OF THE CLAIMANT'S OVER-
 PAYMENT.
   (E) ALL NOTIFICATIONS SHALL BE TRANSLATED INTO THE TWELVE MOST COMMON-
 LY SPOKEN LANGUAGES IN THE STATE.
   (F) ANY FUNDS RECOUPED OR REPAID PRIOR TO THE  GRANTING  OF  A  WAIVER
 UNDER  THIS  SECTION SHALL BE RETURNED TO THE CLAIMANT AS PROVIDED UNDER
 SUBDIVISION FIVE OF THIS SECTION.
   (7) (A) UPON THE DENIAL OF ANY  WAIVER  REQUEST,  OR  UPON  ANY  OTHER
 DETERMINATION BY THE COMMISSIONER OR A DECISION BY A REFEREE, THE APPEAL
 BOARD,  OR A COURT THAT A CLAIMANT SHALL BE HELD LIABLE FOR ANY OVERPAY-
 MENT, THE CLAIMANT SHALL BE NOTIFIED IN WRITING, BY  MAIL  OR  ELECTRON-
 ICALLY,  WITHIN  FIFTEEN  DAYS  OF SUCH DETERMINATION OR DECISION.  SUCH
 NOTICE SHALL SET FORTH THE REASON FOR SUCH DENIAL,  IF  APPLICABLE,  AND
 SUCH CLAIMANT'S RIGHT TO REQUEST AN ADJUSTMENT TO SUCH CLAIMANT'S REPAY-
 MENT SCHEDULE.
   (B)  WHERE  A WAIVER IS DENIED, THE CLAIMANT SHALL BE OFFERED A REPAY-
 MENT PLAN TO PAY DOWN THE AMOUNT OWED OVER A PERIOD OF TIME NO LESS THAN
 THREE YEARS. THE REPAYMENT PLAN SHALL BE BASED ON THE CLAIMANT'S ABILITY
 TO REPAY.  AFTER SUCH THREE YEAR REPAYMENT PERIOD, THE DEPARTMENT  SHALL
 WRITE  OFF ANY FURTHER OVERPAYMENT DEBT REMAINING ON THE CLAIM.  NOTHING
 IN THIS SECTION SHALL IMPEDE THE ABILITY OF THE DEPARTMENT TO  DISCHARGE
 OR WAIVE ANY OVERPAYMENT.
   (C)  THE  COMMISSIONER  SHALL  GRANT  AN  ADJUSTMENT TO THE CLAIMANT'S
 REPAYMENT SCHEDULE IF AT ANY TIME THE CLAIMANT IS  ABLE  TO  DEMONSTRATE
 THAT  THERE  HAS  BEEN  A  CHANGE IN SUCH CLAIMANT'S FINANCIAL CONDITION
 WHICH WARRANTS SUCH ADJUSTMENT.  THE DEPARTMENT SHALL  NOTIFY  CLAIMANTS
 OF  THE  ABILITY  TO  SEEK A MODIFIED REPAYMENT PLAN IN WRITING UPON THE
 CLAIMANT'S ENTRY INTO A REPAYMENT PLAN.
   § 2. Subdivision 4 of section 597 of the labor law is REPEALED.
   § 3. Paragraph (c) of subdivision 1 of section 600 of the  labor  law,
 as amended by section 19 of part O of chapter 57 of the laws of 2023, is
 amended to read as follows:
   (c)  If, at the time benefits are payable, it has not been established
 that the claimant will be receiving such pension, retirement or  retired
 pay,  annuity  or  other  payment,  benefits due shall be paid without a
 reduction, subject to review within the period and under the  conditions
 as  provided  in  [subdivisions] SUBDIVISION three [and four] of section
 five hundred ninety-seven with respect to retroactive payment of  remun-
 eration.
   § 4. Within ninety days of the effective date of this act, the depart-
 ment  of  labor  shall provide claimants who have previously been denied
 waivers between March 9, 2020, and the effective date of this  act  with
 applications  for individual waivers. If it is found that the department
 has collected benefits from a claimant as a result of the recovery of an
 overpayment which would be barred under the provisions of this act,  the
 department shall refund such benefits to the claimant within thirty days
 of the approval of the waiver.
   §  5.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after March 9, 2020.