S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1245
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2023
                                ___________
 
 Introduced   by  Sens.  KRUEGER,  BAILEY,  BRISPORT,  COONEY,  GIANARIS,
   GOUNARDES, HOYLMAN-SIGAL, JACKSON, KENNEDY, MATTERA,  MAYER,  PALUMBO,
   SEPULVEDA,  THOMAS,  WEIK  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Labor
 
 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-
 ANCE WITH UIPL 20-21, CHANGE 1, ATTACHMENT 2. UPON APPROVAL, A CATEGORI-
 CAL WAIVER BECOMES A BLANKET WAIVER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02796-01-3
 S. 1245                             2
              

 
   (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
 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
 S. 1245                             3

 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;
 S. 1245                             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-
 S. 1245                             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.