The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6244--B
     Cal. No. 395
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 19, 2021
                                ___________
 
 Introduced  by  Sens. KRUEGER, AKSHAR, BAILEY, BIAGGI, BRISPORT, BROOKS,
   COONEY, GAUGHRAN, GIANARIS,  GOUNARDES,  HOYLMAN,  JACKSON,  KAMINSKY,
   KENNEDY, MARTUCCI, MATTERA, MAYER, O'MARA, ORTT, PALUMBO, RATH, REICH-
   LIN-MELNICK, SAVINO, SEPULVEDA, SERINO, THOMAS, WEIK -- read twice and
   ordered  printed, and when printed to be committed to the Committee on
   Labor -- committee discharged,  bill  amended,  ordered  reprinted  as
   amended  and  recommitted  to  said  committee  --  recommitted to the
   Committee on Labor in  accordance  with  Senate  Rule  6,  sec.  8  --
   reported  favorably  from  said committee, ordered to first and second
   report, ordered to a third reading,  amended  and  ordered  reprinted,
   retaining its place in 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

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10911-04-2
 S. 6244--B                          2
 
 FEDERAL DEPARTMENT OF LABOR AND/OR APPROPRIATE FEDERAL AGENCY IN ACCORD-
 ANCE WITH UIPL 20-21, CHANGE 1, ATTACHMENT 2. UPON APPROVAL, A CATEGORI-
 CAL WAIVER BECOMES A BLANKET WAIVER.
   (E)  "INDIVIDUAL WAIVER" MEANS A WAIVER MADE AVAILABLE TO EVERY CLAIM-
 ANT WHO HAS NOT BEEN APPROVED FOR A BLANKET WAIVER.
   (F) "FINAL DETERMINATION DATE" MEANS THE DATE THIRTY DAYS AFTER APPEAL
 RIGHTS HAVE BEEN EXHAUSTED OR ABANDONED.
   2. WAIVER OF CERTAIN REPAYMENTS. THE DEPARTMENT SHALL REVIEW  ALL  UPB
 OVERPAYMENTS  TO  DETERMINE  ELIGIBILITY  FOR WAIVERS AT THE TIME OF THE
 OVERPAYMENT DETERMINATION AND SHALL REVIEW  ALL  PREVIOUSLY  ISSUED  UPB
 OVERPAYMENT  DETERMINATIONS  RETROACTIVELY  TO DETERMINE ELIGIBILITY FOR
 WAIVERS AS DESCRIBED IN PARAGRAPHS (A), (B) AND (C) OF THIS SUBDIVISION.
 THE DEPARTMENT MUST COMPLETE ITS REVIEW OF PREVIOUSLY  DETERMINED  OVER-
 PAYMENTS  FOR  WAIVER  ELIGIBILITY WITHIN ONE HUNDRED TWENTY DAYS OF THE
 EFFECTIVE DATE OF THIS SECTION. PRIOR TO DENIAL OF A BLANKET WAIVER,  AS
 DESCRIBED  IN PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION, THE DEPARTMENT
 MUST ASSESS ALL UPB OVERPAYMENTS TO DETERMINE IF CLAIMANTS ARE  ELIGIBLE
 FOR  STATE  UNEMPLOYMENT  INSURANCE.    THE  DEPARTMENT SHALL ASSESS AND
 APPROVE ANY SUBSEQUENT  WAIVERS  NOT  PREVIOUSLY  AUTHORIZED  WHICH  THE
 FEDERAL  GOVERNMENT  AUTHORIZES  STATES  TO  IMPLEMENT. THERE SHALL BE A
 PRESUMPTION THAT CLAIMANTS ARE ELIGIBLE FOR UPB WAIVERS ABSENT CLEAR AND
 CONVINCING EVIDENCE TO THE CONTRARY.
   (A) THE DEPARTMENT SHALL  ASSESS  AND  APPROVE  BLANKET  WAIVERS.  THE
 DEPARTMENT SHALL PROACTIVELY IDENTIFY INDIVIDUALS ELIGIBLE FOR A BLANKET
 WAIVER  INCLUDING  THOSE WHO HAVE PREVIOUSLY BEEN DENIED WAIVERS. NOTICE
 OF A CLAIMANT'S APPROVAL FOR A BLANKET WAIVER MUST BE PROVIDED  PURSUANT
 TO SUBDIVISION THREE OF THIS SECTION WITHIN FOURTEEN DAYS OF THE DEPART-
 MENT'S  DECISION  TO  APPROVE THE BLANKET WAIVER. TO THE EXTENT THAT THE
 DEPARTMENT HAS COLLECTED BENEFITS FOR WHICH AN OVERPAYMENT WAS  ASSESSED
 WHICH  ARE  ELIGIBLE  FOR  A  BLANKET WAIVER, THE DEPARTMENT MUST REFUND
 BENEFITS TO CLAIMANTS WITHIN THIRTY DAYS OF WAIVER APPROVAL.
   (B) THE DEPARTMENT SHALL APPLY FOR APPROVAL OF CATEGORICAL WAIVERS  AS
 LISTED  IN  THIS SUBDIVISION WITHIN THIRTY DAYS OF THE EFFECTIVE DATE OF
 THIS SECTION. UPON APPROVAL OF A CATEGORICAL WAIVER, SUCH APPROVED WAIV-
 ER SHALL BE CONSIDERED TO BE A BLANKET WAIVER AND THE  REQUIREMENTS  FOR
 BLANKET  WAIVERS  AS  LISTED  IN PARAGRAPH (A) OF THIS SUBDIVISION SHALL
 APPLY.  THE DEPARTMENT SHALL REQUEST APPROVAL FOR THE FOLLOWING CATEGOR-
 ICAL WAIVERS:
   (I) ALL OVERPAYMENTS ASSESSED AGAINST EDUCATIONAL WORKERS PURSUANT  TO
 SUBDIVISIONS TEN AND ELEVEN OF SECTION FIVE HUNDRED NINETY OF THIS TITLE
 DURING CALENDAR YEAR TWO THOUSAND TWENTY;
   (II) ALL OVERPAYMENTS ASSESSED BECAUSE OF ALLEGED INELIGIBILITY DUE TO
 IMMIGRATION STATUS;
   (III)  ALL  OVERPAYMENTS  ASSESSED  AGAINST  THE  CLAIMANT  WHERE THEY
 RECEIVED CORRESPONDENCE, FORMS, OR ANY OTHER DOCUMENTATION IN A LANGUAGE
 THAT WAS NOT THEIR OWN OR IN A  MANNER  THAT  WAS  INACCESSIBLE  TO  THE
 CLAIMANT; OR DUE TO OTHER SIMILAR DIFFICULTIES (E.G., EDUCATION, LITERA-
 CY,  AND/OR  LANGUAGE  BARRIERS)  IN  UNDERSTANDING WHAT INFORMATION THE
 STATE NEEDED FROM THE CLAIMANT TO PROPERLY DETERMINE ELIGIBILITY;
   (IV) ALL OVERPAYMENTS ASSESSED BECAUSE THE CLAIMANT FILED IN THE WRONG
 STATE OR THERE WAS AN INCORRECTLY ADJUDICATED INTERSTATE CLAIM; AND
   (V) ALL OVERPAYMENTS ASSESSED AGAINST CLAIMANTS WHERE RECEIPT  OF  UPB
 WAS WITHOUT FAULT ON THE PART OF THE CLAIMANT.
   (C) IF AN INDIVIDUAL IS NOT APPROVED FOR A BLANKET WAIVER, THE DEPART-
 MENT  MUST  ASSESS EACH CLAIMANT'S ELIGIBILITY FOR A WAIVER INDIVIDUALLY
 AT THE TIME THE OVERPAYMENT IS ESTABLISHED. THE DEPARTMENT  SHALL  WAIVE
 S. 6244--B                          3
 
 SUCH  OVERPAYMENT REPAYMENT IF IT IS DETERMINED THAT THE PAYMENT OF SUCH
 UPB WAS WITHOUT FAULT ON THE PART OF SUCH CLAIMANT  AND  SUCH  REPAYMENT
 WOULD  BE  CONTRARY  TO  EQUITY  AND  GOOD  CONSCIENCE. THERE SHALL BE A
 PRESUMPTION  THAT  THE  CLAIMANT  IS  WITHOUT  FAULT  WHERE THE CLAIMANT
 PROVIDED INCORRECT INFORMATION OR  FAILED  TO  PROVIDE  INFORMATION  AND
 DOCUMENTATION IN THE FOLLOWING SITUATIONS:
   (I) THE DEPARTMENT PROVIDED CONFLICTING, CHANGING, OR CONFUSING INFOR-
 MATION OR INSTRUCTIONS;
   (II)  THE  DEPARTMENT TOOK MORE THAN SIX MONTHS TO IMPLEMENT A FEDERAL
 LAW REGARDING PROOF OF ELIGIBILITY FROM CLAIMANTS;
   (III) THE CLAIMANT WAS UNABLE TO REACH THE  DEPARTMENT  DESPITE  THEIR
 BEST  EFFORTS TO INQUIRE OR CLARIFY INFORMATION THE INDIVIDUAL NEEDED TO
 PROVIDE, DUE TO LANGUAGE, EDUCATION, LITERACY, DISABILITY OR OTHER SIMI-
 LAR BARRIERS;
   (IV) THE CLAIMANT WAS UNABLE TO UNDERSTAND THE DEPARTMENT'S NOTICES OR
 DIRECTIVES DUE TO LANGUAGE,  EDUCATION,  LITERACY  DISABILITY  OR  OTHER
 SIMILAR BARRIERS;
   (V) THE CLAIMANT CHOSE A REASON FOR SEPARATION WHICH IS LEGALLY INCOR-
 RECT; OR
   (VI)  THE  CLAIMANT  HAD  ASSISTANCE IN FILING A CLAIM, CERTIFYING, OR
 OTHERWISE RESPONDING TO THE DEPARTMENT WHERE  THE  CLAIMANT'S  ASSISTANT
 DID  NOT CONFIRM REQUIRED INFORMATION WITH THE CLAIMANT OR MISUNDERSTOOD
 SUCH INFORMATION PROVIDED BY THE CLAIMANT.
   (D) THERE SHALL BE A PRESUMPTION THAT THE PAYMENT OF  UPB  IS  WITHOUT
 FAULT  IF  THE OVERPAYMENT WAS DUE TO DEPARTMENT ERROR OR MISTAKE OR THE
 EMPLOYER PROVIDED INCORRECT OR  UNTIMELY  INFORMATION.  RECEIPT  OF  THE
 UNEMPLOYMENT  INSURANCE CLAIMANT HANDBOOK SHALL NOT CREATE A PRESUMPTION
 THAT THE CLAIMANT WAS ON NOTICE OF ITS CONTENTS AND SUCH  RECEIPT  SHALL
 NOT BE USED AGAINST THE CLAIMANT ON POINTS OF FACT OR LAW.
   (E) FOR PURPOSES OF THIS SECTION IT SHALL BE CONSIDERED TO BE "CONTRA-
 RY  TO EQUITY AND GOOD CONSCIENCE" WHERE ANY ONE OR A COMBINATION OF THE
 FOLLOWING APPLY:
   (I) RECOVERY WOULD CAUSE FINANCIAL HARDSHIP TO THE PERSON FROM WHOM IT
 IS SOUGHT;
   (II) THE RECIPIENT OF THE OVERPAYMENT CAN SHOW,  REGARDLESS  OF  THEIR
 FINANCIAL  SITUATION,  THAT  REPAYMENT  WOULD CAUSE THEM TO RELINQUISH A
 VALUABLE RIGHT OR CHANGE THEIR POSITION FOR THE WORSE INCLUDING BUT  NOT
 LIMITED  TO  SIGNING  A LEASE, TAKING OUT A LOAN, OR PASSING UP STATE OR
 FEDERAL ASSISTANCE IN RELIANCE ON RECEIPT OF UPB;
   (III) WHERE THE INDIVIDUAL OR THEIR HOUSEHOLD IS IN RECEIPT OF  SOCIAL
 SECURITY INCOME, SUPPLEMENTAL SECURITY INCOME, SOCIAL SECURITY DISABILI-
 TY,  MEDICAID,  MEDICARE,  FREE  OR  REDUCED PUBLIC SCHOOL LUNCH, FAMILY
 INVESTMENT PROGRAM, TEMPORARY ASSISTANCE, SUPPLEMENT  NUTRITION  ASSIST-
 ANCE PROGRAM BENEFITS (SNAP), NUTRITION BENEFITS PROVIDED AS PART OF THE
 SPECIAL  SUPPLEMENTAL  NUTRITION PROGRAM FOR WOMEN, INFANTS AND CHILDREN
 (WIC), HOME ENERGY ASSISTANCE  PROGRAM  BENEFITS,  SENIOR  CITIZEN  RENT
 INCREASE  EXEMPTION,  DISABILITY RENT INCREASE EXEMPTION, RENTAL SUBSIDY
 PURSUANT TO SECTION 8 OF THE HOUSING ACT OF 1937 AND/OR STATE LAW, OR IS
 AT OR BELOW FOUR HUNDRED PERCENT OF THE FEDERAL POVERTY  GUIDELINES,  OR
 IS  LIVING  IN  PROJECT-BASED  SUBSIDIZED  HOUSING AND ANY SUBSTANTIALLY
 EQUIVALENT SUCCESSOR PROGRAM TO THE AFOREMENTIONED BENEFITS PROGRAMS;
   (IV) WHERE THE INDIVIDUAL USED THE UNEMPLOYMENT BENEFITS TO MEET THEIR
 ORDINARY LIVING EXPENSES  INCLUDING  BUT  NOT  LIMITED  TO  FOOD,  RENT,
 MEDICAL  COSTS  AND/OR  INSURANCE, DENTAL BILLS AND/OR INSURANCE, SCHOOL
 LOANS, SCHOOL FEES, UTILITIES, CHILDCARE, MORTGAGE PAYMENTS, TRANSPORTA-
 S. 6244--B                          4
 
 TION, PURCHASE OR MAINTENANCE OF A CAR OR EQUIPMENT NEEDED  FOR  EMPLOY-
 MENT OR SELF-EMPLOYMENT, OR OPERATING EXPENSES FOR SELF-EMPLOYMENT;
   (V)  WHERE THE DEPARTMENT MADE PROGRAMMING, TECHNOLOGICAL OR AUTOMATED
 SYSTEM ERRORS OR WHERE INDIVIDUALS RELIED UPON THE  DEPARTMENT'S  PUBLI-
 CIZED INFORMATION LATER DETERMINED TO BE ERRONEOUS;
   (VI)  WHERE  REPRESENTATIVES  AND/OR AGENTS OF THE DEPARTMENT PROVIDED
 INFORMATION, UPON WHICH INDIVIDUALS RELIED OR OMITTED INFORMATION, WHICH
 RESULTED IN AN OVERPAYMENT;
   (VII) WHERE THE DEPARTMENT FAILED TO DETERMINE  A  NON-MONETARY  ISSUE
 WITHIN TWENTY-ONE DAYS AFTER THE DEPARTMENT HAD NOTICE OF THE ISSUE;
   (VIII) WHERE THE DEPARTMENT REVERSED A DECISION REGARDING A CLAIMANT'S
 ELIGIBILITY MORE THAN THIRTY DAYS AFTER THE INITIAL DETERMINATION;
   (IX)  WHERE THE DEPARTMENT FAILED TO COMMUNICATE WITH AN EMPLOYER, THE
 CLAIMANT, AND/OR OTHER RELEVANT PARTIES INCLUDING  BUT  NOT  LIMITED  TO
 FEDERAL,  STATE  OR  TERRITORIAL  GOVERNMENT ENTITIES, PRIOR TO AWARDING
 UNEMPLOYMENT BENEFITS;
   (X) WHERE THE DEPARTMENT FAILED TO COMMUNICATE WITH THE CLAIMANT IN  A
 MANNER OR FORMAT INACCESSIBLE TO THE INDIVIDUAL;
   (XI)  WHERE  A  DECISION  ON A HEARING THAT RESULTED IN AN OVERPAYMENT
 BEING ASSESSED WAS ISSUED MORE THAN THIRTY DAYS AFTER  THE  FIRST  UNEM-
 PLOYMENT BENEFIT PAYMENT;
   (XII)  WHERE THE OVERPAYMENT IS BASED ON UNEMPLOYMENT CLAIMS THAT WERE
 OPENED DURING A PERIOD WHEN THE DEPARTMENT FAILED TO SEND NOTICES WITHIN
 THIRTY DAYS TO EMPLOYERS OF CLAIMANTS HAVING APPLIED FOR BENEFITS;
   (XIII) WHERE THERE IS ANY OTHER REASON FOR WHICH RECOVERY OF THE OVER-
 PAYMENT WOULD BE AGAINST EQUITY AND GOOD CONSCIENCE  UNDER  THE  CIRCUM-
 STANCES;
   (XIV) WHERE IT WOULD BE UNFAIR TO REQUIRE REPAYMENT;
   (XV)  WHERE  REQUIRING  REPAYMENT  NOW WOULD UNDERMINE AN INDIVIDUAL'S
 FINANCIAL STABILITY AND THE PURPOSES FOR WHICH THE BENEFITS  WERE  PAID;
 AND/OR
   (XVI) WHERE RECOVERY WOULD BE UNCONSCIONABLE UNDER THE CIRCUMSTANCES.
   (F)  THE  DEPARTMENT SHALL PROVIDE CLAIMANTS, WHO HAVE PREVIOUSLY BEEN
 DENIED WAIVERS WITH APPLICATIONS FOR  INDIVIDUAL  WAIVERS  WITHIN  SIXTY
 DAYS  OF  THE  EFFECTIVE  DATE  OF  THIS SECTION. TO THE EXTENT THAT THE
 DEPARTMENT HAS COLLECTED BENEFITS FOR WHICH AN OVERPAYMENT WAS  ASSESSED
 WHICH  ARE ELIGIBLE FOR AN INDIVIDUAL WAIVER, THE DEPARTMENT MUST REFUND
 BENEFITS TO CLAIMANTS WITHIN THIRTY DAYS OF WAIVER APPROVAL.
   3. (A) THE DEPARTMENT SHALL NOTIFY EACH CLAIMANT WITH  AN  OVERPAYMENT
 OF THE FOLLOWING:
   (I)  THE  TOTAL AMOUNT OF SUCH OVERPAYMENT AND THE CAUSE OF SUCH OVER-
 PAYMENT;
   (II) THE AMOUNT OF THE OVERPAYMENT THAT IS WAIVED AND THE  REASON  WHY
 SOME OR ALL OF THE OVERPAYMENT WAS NOT WAIVED;
   (III) THE AVAILABILITY OF A TEN-YEAR PERIOD TO REPAY THE OVERPAYMENT;
   (IV)  THE  MEANS  BY  WHICH THE COMMISSIONER IS ENTITLED TO COLLECT OR
 RECOVER SUCH OVERPAYMENT;
   (V) AN EXPLANATION OF THE CLAIMANT'S RIGHT  TO  APPEAL  SUCH  DETERMI-
 NATION  OR  DECISION IN ACCORDANCE WITH THE PROVISIONS OF THIS TITLE AND
 ANY RULES AND REGULATIONS PROMULGATED THEREUNDER;
   (VI) AN EXPLANATION OF THE STANDARDS BY WHICH AN  OVERPAYMENT  CAN  BE
 WAIVED AS SET FORTH IN THIS SECTION; AND
   (VII)  THE  PROCESS  BY  WHICH  THE CLAIMANT MAY REQUEST AND OBTAIN AN
 INDIVIDUAL WAIVER OF RECOVERY OF SUCH OVERPAYMENT.
   (B) A COPY OF THE APPLICATION FOR INDIVIDUAL WAIVERS MUST BE SENT WITH
 THE NOTIFICATION DESCRIBED HEREIN.
 S. 6244--B                          5
 
   (C) A CLAIMANT WHO IS DISSATISFIED WITH A  DETERMINATION  REGARDING  A
 WAIVER  MAY,  WITHIN  SIXTY DAYS AFTER RECEIPT OF NOTICE OF THE DETERMI-
 NATION, REQUEST A HEARING. OVERPAYMENT  CLAIMANTS  SHALL  HAVE  ALL  THE
 APPEALS  RIGHTS  PROVIDED  BY  TITLE  EIGHT  OF THIS ARTICLE EXCEPT THAT
 REFEREES  MAY  EXTEND  THE TIME FIXED FOR REQUESTING A HEARING UPON GOOD
 CAUSE SHOWN.
   4. THE DEPARTMENT SHALL DEVELOP AND IMPLEMENT A PROCESS, WITHIN THIRTY
 DAYS OF THE EFFECTIVE DATE OF  THIS  SECTION,  BY  WHICH  CLAIMANTS  MAY
 REQUEST AND OBTAIN AN INDIVIDUAL WAIVER APPLICATION BY PHONE, FAX, MAIL,
 OR  THROUGH THE DEPARTMENT'S TWO-WAY COMMUNICATION SYSTEM. ALL NOTIFICA-
 TIONS SHALL BE TRANSLATED INTO THE TEN MOST COMMONLY SPOKEN LANGUAGES IN
 NEW YORK STATE. ANY NOTICE  NOT  FULLY  TRANSLATED  INTO  ONE  OF  THESE
 LANGUAGES  MUST  BE  ACCOMPANIED  BY A NOTICE INFORMING THE RECIPIENT OF
 WHERE THEY MAY SEEK TRANSLATION AND OTHER ASSISTANCE AS PROVIDED BY  THE
 DEPARTMENT.
   5. ANY FUNDS RECOUPED OR REPAID PRIOR TO THE GRANTING OF THESE WAIVERS
 SHALL  BE  RETURNED  TO  THE INDIVIDUAL WITHIN THIRTY DAYS OF THE WAIVER
 BEING GRANTED.
   6. THE DEPARTMENT SHALL ENSURE THAT NO OVERPAYMENTS ARE OR  HAVE  BEEN
 ESTABLISHED  BASED  ON  A  REDETERMINATION  MORE THAN ONE YEAR AFTER THE
 FIRST DATE FOR WHICH BENEFITS ARE PAID.
   7. (A) THE DEPARTMENT SHALL NOT PURSUE OR CONTINUE COLLECTION ACTIVITY
 PRIOR TO A FINAL DETERMINATION REGARDING  THE  OVERPAYMENT  AND  THAT  A
 CLAIMANT IS INELIGIBLE FOR ANY WAIVER.
   (B)  WHERE AN OVERPAYMENT WAIVER IS DENIED, CLAIMANTS SHALL HAVE UP TO
 TEN YEARS TO REPAY  OVERPAYMENTS.  UPON  A  SHOWING  OF  THE  CLAIMANT'S
 INABILITY  TO REPAY, THE TEN-YEAR PERIOD SHALL BE EXTENDED TO AN INDEFI-
 NITE PERIOD AS LONG AS THE CLAIMANT CAN MAKE A MINIMUM PAYMENT  OF  FIVE
 DOLLARS PER MONTH. OFFSETS SHALL BE LIMITED TO THREE YEARS.
   8.  THE DEPARTMENT SHALL REPORT PUBLICLY ON ITS WEBSITE ON A QUARTERLY
 BASIS  THE  FOLLOWING  INFORMATION  BY  RACE,  GENDER,  ETHNICITY,   AND
 LANGUAGE:  THE NUMBER OF OVERPAYMENT NOTIFICATIONS IT SENT TO CLAIMANTS,
 THE  NUMBER  OF  WAIVER REQUESTS RECEIVED, THE NUMBER OF WAIVER REQUESTS
 GRANTED, THE NUMBER OF  WAIVER  REQUESTS  DENIED  AND,  IF  DENIED,  THE
 REASONS FOR DENYING EACH WAIVER REQUEST.
   §  2.  Subdivision  4  of  section 597 of the labor law, as amended by
 chapter 61 of the laws of 1998, is amended and a new  subdivision  5  is
 added to read as follows:
   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] A WILLFUL false  statement  or
 representation  and  did  not [wilfully] WILLFULLY conceal any pertinent
 fact in connection with his or her claim for benefits.
   5. THE TERM "WILLFUL" AS IT IS USED IN THIS  SECTION  SHALL  MEAN  THE
 CLAIMANT INTENTIONALLY AND DELIBERATELY SUPPLIED OR OMITTED FALSE INFOR-
 MATION  WHICH  DIRECTLY  RESULTED  IN THE DEPARTMENT ISSUING BENEFITS TO
 WHICH THE CLAIMANT KNEW THEY WERE NOT ENTITLED.
   § 3. This act shall take effect immediately and  shall  apply  to  all
 pandemic  unemployment  assistance repayments assessed on or after March
 27, 2020.