Assembly Bill A3647

2023-2024 Legislative Session

Relates to recovery of overpayments of unemployment benefits; repealer

download bill text pdf

Sponsored By

Current Bill Status - Stricken


  • 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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2023-A3647 (ACTIVE) - Details

Law Section:
Labor Law
Laws Affected:
Add §594-a, rpld §597 sub 4, Lab L
Versions Introduced in 2021-2022 Legislative Session:
A6666

2023-A3647 (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.

2023-A3647 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3647
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2023
                                ___________
 
 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 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.
                                                            LBD02352-01-3
 A. 3647                             2
              

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