senate Bill S6169

2021-2022 Legislative Session

Relates to recovery of overpayments of unemployment benefits; repealer

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Labor Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 13, 2021 referred to labor

S6169 (ACTIVE) - Details

See Assembly Version of this Bill:
A6666
Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Add §594-a, rpld §597 sub 4, Lab L

S6169 (ACTIVE) - Summary

Provides that any claimant who has received certain unemployment benefits to which they were not entitled shall not be held liable for the amounts overpaid provided certain conditions exist.

S6169 (ACTIVE) - Sponsor Memo

S6169 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6169
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 13, 2021
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- 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 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10646-01-1

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