Assembly Bill A9965

2021-2022 Legislative Session

Relates to the review of unemployment benefits claims

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2021-A9965 (ACTIVE) - Details

Current Committee:
Assembly Ways And Means
Law Section:
Labor Law
Laws Affected:
Amd §597, Lab L

2021-A9965 (ACTIVE) - Summary

Provides for the review of unemployment benefits claims up to three years after initial determination; requires the recovery of benefits unless the previous payment was not the result of the claimant's fraud or willful misrepresentation and the claimant demonstrates that recovery of the overpayment would be against equity.

2021-A9965 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9965
 
                           I N  A S S E M B L Y
 
                              April 22, 2022
                                ___________
 
 Introduced by M. of A. JOYNER -- (at request of the Department of Labor)
   -- read once and referred to the Committee on Labor
 
 AN  ACT  to  amend  the labor law, in relation to review of unemployment
   benefits claims
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Subdivisions  3  and  4  of section 597 of the labor law,
 subdivision 3 as amended by chapter 42 of the laws of 1961,  subdivision
 4  as amended by chapter 61 of the laws of 1998,  are amended to read as
 follows:
   3. Limitation on review of determinations. Any determination regarding
 a benefit claim may, in the absence  of  fraud  or  wilful  misrepresen-
 tation,  be reviewed only within [one year] THREE YEARS from the date it
 is issued because of new or corrected information, or, if the review  is
 based thereon, within six months from a retroactive payment of remunera-
 tion,  provided that no decision on the merits of the case has been made
 upon hearing or appeal.  Such review shall be conducted and a new deter-
 mination issued in accordance with the provisions of  this  article  and
 regulations  and  procedure  prescribed  thereunder  with respect to the
 adjudication and payment of claims, including the right of appeal.
   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 false statement or represen-
 tation and did not wilfully conceal any  pertinent  fact  in  connection
 with  his  or  her  claim for benefits] THE DEPARTMENT SHALL RECOVER THE
 PREVIOUSLY PAID BENEFITS, EXCEPT THAT SUCH RECOVERY MAY BE WAIVED BY THE
 DEPARTMENT IF THE PAYMENT OF BENEFITS WAS NOT THE RESULT OF  THE  CLAIM-
 ANT'S  FRAUD  OR WILLFUL MISREPRESENTATION AND THE CLAIMANT DEMONSTRATES
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13738-01-2

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