Senate Bill S549

2023-2024 Legislative Session

Relates to recovery of overpayments of unemployment benefits; repealer

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Finance Committee


  • 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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Bill Amendments

2023-S549 - Details

See Assembly Version of this Bill:
A3647
Current Committee:
Senate Finance
Law Section:
Labor Law
Laws Affected:
Add §594-a, rpld §597 sub 4, Lab L
Versions Introduced in 2021-2022 Legislative Session:
S6169, A6666

2023-S549 - 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; directs the department of labor to provide claimants who have previously been denied waivers with applications for individual waivers; repeals certain provisions of law relating thereto.

2023-S549 - Sponsor Memo

2023-S549 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    549
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2023
                                ___________
 
 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.
                                                            LBD02352-01-3
 S. 549                              2
              

co-Sponsors

2023-S549A - Details

See Assembly Version of this Bill:
A3647
Current Committee:
Senate Finance
Law Section:
Labor Law
Laws Affected:
Add §594-a, rpld §597 sub 4, Lab L
Versions Introduced in 2021-2022 Legislative Session:
S6169, A6666

2023-S549A - 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; directs the department of labor to provide claimants who have previously been denied waivers with applications for individual waivers; repeals certain provisions of law relating thereto.

2023-S549A - Sponsor Memo

2023-S549A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  549--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2023
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- 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
 
 AN  ACT  to amend the labor law, in relation to the recovery of overpay-
   ments of unemployment benefits; to direct the department of  labor  to
   provide  claimants who have previously been denied waivers with appli-
   cations for individual waivers; 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) DEFINITIONS. FOR THE PURPOSES
 OF THIS SECTION:
   (A) "WITHOUT FAULT" MEANS THE CLAIMANT DID NOT,  WITH  THE  INTENT  TO
 RECEIVE  BENEFITS,  INTENTIONALLY  SUPPLY FALSE INFORMATION OR KNOWINGLY
 OMIT INFORMATION, WHICH DIRECTLY  RESULTED  IN  THE  DEPARTMENT  ISSUING
 BENEFITS TO WHICH THE CLAIMANT KNEW THEY WERE NOT ENTITLED;
   (B)  "FINAL  DETERMINATION" MEANS THIRTY DAYS AFTER APPEAL RIGHTS HAVE
 BEEN EXHAUSTED OR ABANDONED.
   (C) "WILLFUL" MEANS INTENTIONAL AND DELIBERATE.
   (2) 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 ON OR AFTER JANUARY TWENTY-SEVENTH,
 TWO THOUSAND TWENTY, 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;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02352-02-3
 S. 549--A                           2
              

co-Sponsors

2023-S549B (ACTIVE) - Details

See Assembly Version of this Bill:
A3647
Current Committee:
Senate Finance
Law Section:
Labor Law
Laws Affected:
Add §594-a, rpld §597 sub 4, Lab L
Versions Introduced in 2021-2022 Legislative Session:
S6169, A6666

2023-S549B (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; directs the department of labor to provide claimants who have previously been denied waivers with applications for individual waivers; repeals certain provisions of law relating thereto.

2023-S549B (ACTIVE) - Sponsor Memo

2023-S549B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  549--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2023
                                ___________
 
 Introduced  by  Sens.  HOYLMAN-SIGAL,  KRUEGER,  RAMOS -- 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 -- commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to said committee
 
 AN ACT to amend the labor law, in relation to the recovery  of  overpay-
   ments  of  unemployment benefits; to direct the department of labor to
   provide claimants who have previously been denied waivers with  appli-
   cations  for  individual  waivers; 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) DEFINITIONS. FOR  THE  PURPOSES
 OF THIS SECTION:
   (A)  "WITHOUT  FAULT"  MEANS  THE CLAIMANT DID NOT, WITH THE INTENT TO
 RECEIVE BENEFITS, INTENTIONALLY SUPPLY FALSE  INFORMATION  OR  KNOWINGLY
 OMIT  INFORMATION,  WHICH  DIRECTLY  RESULTED  IN THE DEPARTMENT ISSUING
 BENEFITS TO WHICH THE CLAIMANT KNEW THEY WERE NOT ENTITLED;
   (B) "FINAL DETERMINATION" MEANS THIRTY DAYS AFTER APPEAL  RIGHTS  HAVE
 BEEN EXHAUSTED OR ABANDONED.
   (C)  "WILLFUL MISREPRESENTATION" OR "WILLFUL FALSE STATEMENT" MEANS AN
 INTENTIONAL, KNOWING, OR  DELIBERATELY  FALSE  REPRESENTATION  FROM  THE
 CLAIMANT  TO THE DEPARTMENT, MADE IN ORDER TO OBTAIN UNEMPLOYMENT INSUR-
 ANCE BENEFITS. "KNOWING" FOR THE PURPOSES OF THIS PARAGRAPH MEANS HAVING
 ACTUAL KNOWLEDGE.
   (2) NOTWITHSTANDING ANY PROVISION OF SECTION FIVE HUNDRED  NINETY-FOUR
 OF  THIS  TITLE  TO THE CONTRARY, ANY CLAIMANT WHO HAS RECEIVED BENEFITS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02352-08-4
              

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