Bill > A09578

This bill aims to protect individuals who received unemployment benefits they weren't entitled to, particularly those related to federal programs like Pandemic Unemployment Assistance (PUA), Pandemic Emergency Unemployment Compensation (PEUC), and Federal Pandemic Unemployment Compensation (FPUC), from having to repay those overpayments under certain conditions. Specifically, claimants will not be held liable if the overpayment was not due to their own willful misrepresentation or false statements, if they were not at fault in receiving the overpayment, and if recovering the money would be unfair and unjust. The bill defines "without fault" and "willful misrepresentation" and outlines factors the Commissioner of Labor must consider when determining fault, including departmental errors, confusing information, or barriers faced by the claimant. It also establishes a presumption of being without fault in various scenarios, such as when the department provides conflicting information or when the claimant faces language or literacy barriers. Furthermore, the bill details conditions under which recovering an overpayment would be against equity and good conscience, such as causing financial hardship or forcing the recipient to give up other essential benefits. The Department of Labor will be required to provide claimants who were previously denied waivers with new applications and to ensure all notifications are translated into the twelve most common languages spoken in the state. The bill also repeals certain existing provisions related to overpayments and requires the Commissioner of Labor to seek a review from the U.S. Department of Labor to ensure these changes do not negatively impact New York State's ability to receive federal tax credits, known as the Benefit Cost Rate (BCR) penalty. The effective date of these provisions is tied to the Commissioner's certification that these changes will not jeopardize these federal tax credits, with a potential delayed effective date if they do.

Labor and Employment

https://www.nysenate.gov/legislation/bills/2025/A9578