senate Bill S6244A

2021-2022 Legislative Session

Waives pandemic unemployment assistance repayments under certain circumstances

download bill text pdf

Sponsored By

Current Bill Status - Passed Senate


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

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Actions

view actions (19)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 02, 2022 referred to labor
delivered to assembly
passed senate
Apr 25, 2022 amended on third reading 6244b
Feb 03, 2022 advanced to third reading
Feb 02, 2022 2nd report cal.
Feb 01, 2022 1st report cal.395
Jan 05, 2022 referred to labor
returned to senate
died in assembly
May 11, 2021 referred to labor
delivered to assembly
passed senate
May 03, 2021 advanced to third reading
Apr 28, 2021 2nd report cal.
Apr 27, 2021 1st report cal.835
Apr 22, 2021 print number 6244a
Apr 22, 2021 amend and recommit to labor
Apr 19, 2021 referred to labor

Votes

view votes

Feb 1, 2022 - Labor committee Vote

S6244A
11
0
committee
11
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Labor committee vote details

Labor Committee Vote: Feb 1, 2022

aye wr (2)

Apr 27, 2021 - Labor committee Vote

S6244A
12
0
committee
12
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Labor committee vote details

Labor Committee Vote: Apr 27, 2021

aye wr (1)

Co-Sponsors

S6244 - Details

See Assembly Version of this Bill:
A7511
Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Add §597-a, Lab L

S6244 - 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.

S6244 - Sponsor Memo

S6244 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6244
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 19, 2021
                                ___________
 
 Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Labor
 
 AN ACT amending 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 MANDATORY PAYMENTS MADE PURSUANT  TO
 THE  FEDERAL  CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY (CARES) ACT
 OF 2020 DURING THE PERIOD OF STATE DISASTER EMERGENCY DECLARED BY EXECU-
 TIVE ORDER 202 ON MARCH SEVENTH, TWO THOUSAND TWENTY.
   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-
 ABLE TO THE CLAIMANT TO THE MAXIMUM EXTENT PERMISSIBLE UNDER  APPLICABLE
 FEDERAL LAW.
   4.  NOTICE  OF RIGHT TO APPEAL OR REQUEST WAIVER. WHEN A DETERMINATION
 BY THE COMMISSIONER OR A DECISION BY A REFEREE, THE APPEAL BOARD,  OR  A
 COURT  RESULTS  IN  A  DECREASE  OR  DENIAL OF ANY PANDEMIC UNEMPLOYMENT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Co-Sponsors

view additional co-sponsors

S6244A - Details

See Assembly Version of this Bill:
A7511
Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Add §597-a, Lab L

S6244A - 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.

S6244A - Sponsor Memo

S6244A - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6244--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 19, 2021
                                ___________
 
 Introduced  by Sens. KRUEGER, HOYLMAN -- read twice and ordered printed,
   and when printed to be committed to the Committee on Labor --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to said committee
 
 AN ACT amending 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10911-02-1

Co-Sponsors

view additional co-sponsors

S6244B (ACTIVE) - Details

See Assembly Version of this Bill:
A7511
Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Add §597-a, Lab L

S6244B (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.

S6244B (ACTIVE) - Sponsor Memo

S6244B (ACTIVE) - Bill Text download pdf

 
                     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

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