Bill > A1854

Introduced Session

This bill provides that if a representative of the Department of Labor and Workforce Development finds that a person received an overpayment of unemployment benefits for any reason other than fraudulent or knowing nondisclosure or misrepresentation, the person shall, or shall not, be liable for all or a portion of the amount of any overpayment which occurred before the finding of the overpayment as follows: 1. If the person is notified of the overpayment not later than the 90th calendar day after the overpayment commences, the person shall be liable to repay 100% of the amount overpaid; 2. If the person is notified of the overpayment during the period from the 91st calendar day through the 180th calendar day after the overpayment commences, the person shall be liable to repay 65% of the amount overpaid; 3. If the person is notified of the overpayment during the period from the 181st calendar day through the 365th calendar day after the overpayment commences, the person shall be liable to repay 35% of the amount overpaid; and 4. If the person is notified of the overpayment after the 365th calendar day after the overpayment commences, the person shall not be liable to repay any of the amount overpaid. The bill provides protection from excessive repayment burdens to persons who receive overpayments of unemployment benefits through no fault of their own, especially in cases in which employers or their authorized agents fail to submit information required under the unemployment compensation law and then appeal only after a benefit determination is made, sometimes delaying action for a full year or more after benefit payments commence.

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Benjie Wimberly (D)*,  Sheila Oliver (D),  L. Grace Spencer (D), 

Introduced, Referred to Assembly Labor Committee (on 01/27/2016)