assembly Bill A7511A

2021-2022 Legislative Session

Waives pandemic unemployment assistance repayments under certain circumstances

download bill text pdf

Sponsored By

Current Bill Status - On Floor Calendar


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

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Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 03, 2022 amended on third reading 7511a
Feb 03, 2022 advanced to third reading cal.362
Feb 01, 2022 reported
Jan 19, 2022 reported referred to codes
Jan 05, 2022 referred to labor
May 12, 2021 referred to labor

Co-Sponsors

A7511 - Details

See Senate Version of this Bill:
S6244
Law Section:
Labor Law
Laws Affected:
Add §597-a, amd §597, Lab L

A7511 - Summary

Waives Unemployment Pandemic Benefits repayments in whole or in part if the payment of such pandemic unemployment assistance was without fault on the part of the claimant and such repayment would be contrary to equity and good conscience.

A7511 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7511
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 12, 2021
                                ___________
 
 Introduced by M. of A. JOYNER -- read once and referred to the Committee
   on Labor
 
 AN ACT to amend the labor law, in relation to waiving pandemic unemploy-
   ment  assistance repayments under certain circumstances; and providing
   for the repeal of such provisions upon expiration thereof

   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:  "PANDEMIC
 UNEMPLOYMENT ASSISTANCE" SHALL MEAN UNEMPLOYMENT INSURANCE OR ASSISTANCE
 PAYMENTS  MADE DURING THE PERIOD OF STATE DISASTER EMERGENCY DECLARED BY
 EXECUTIVE ORDER 202 ON MARCH SEVENTH, TWO THOUSAND  TWENTY  PURSUANT  TO
 ANY PROGRAMS PROVIDED FOR BY:
   (A) TITLE II OF THE FEDERAL CARES ACT;
   (B)  THE  FEDERAL  CONTINUED  ASSISTANCE FOR UNEMPLOYED WORKERS ACT OF
 2020 WITHIN THE CONSOLIDATED APPROPRIATIONS ACT, 2021; OR
   (C) TITLE IX OF THE FEDERAL AMERICAN RESCUE PLAN ACT OF 2021.
   2. WAIVER OF CERTAIN REPAYMENTS. WHEN  A  CLAIMANT  HAS  RECEIVED  ANY
 AMOUNT  OF  PANDEMIC  UNEMPLOYMENT ASSISTANCE TO WHICH SUCH CLAIMANT WAS
 NOT ENTITLED, THE DEPARTMENT SHALL REQUIRE SUCH CLAIMANT  TO  REPAY  THE
 AMOUNT  OF  SUCH  PANDEMIC  UNEMPLOYMENT  ASSISTANCE  TO THE DEPARTMENT,
 EXCEPT THAT THE COMMISSIONER SHALL WAIVE SUCH REPAYMENT  IF  HE  OR  SHE
 DETERMINES THAT:
   (A)  THE  PAYMENT OF SUCH PANDEMIC UNEMPLOYMENT ASSISTANCE WAS WITHOUT
 FAULT ON THE PART OF SUCH CLAIMANT; AND
   (B) SUCH REPAYMENT WOULD BE CONTRARY TO EQUITY AND GOOD CONSCIENCE.
   3. FAVORABILITY TO CLAIMANT. EVIDENCE PERTAINING TO PARAGRAPHS (A) AND
 (B) OF SUBDIVISION TWO OF THIS SECTION SHALL BE INTERPRETED TO BE FAVOR-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10911-03-1

Co-Sponsors

A7511A (ACTIVE) - Details

See Senate Version of this Bill:
S6244
Law Section:
Labor Law
Laws Affected:
Add §597-a, amd §597, Lab L

A7511A (ACTIVE) - Summary

Waives Unemployment Pandemic Benefits repayments in whole or in part if the payment of such pandemic unemployment assistance was without fault on the part of the claimant and such repayment would be contrary to equity and good conscience.

A7511A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7511--A
                                                         Cal. No. 362
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 12, 2021
                                ___________
 
 Introduced by M. of A. JOYNER, WOERNER, LAWLER -- read once and referred
   to  the Committee on Labor -- recommitted to the Committee on Labor in
   accordance with Assembly Rule 3, sec. 2 -- reported  and  referred  to
   the Committee on Codes -- reported from committee, advanced to a third
   reading,  amended  and  ordered  reprinted, retaining its place on the
   order of third reading
 
 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10911-05-2