Amendment #292 to H4700

UI Overpayment Waiver Reform

Ms. Meschino of Hull moves to amend the bill by adding the following section:

“SECTION XXXX. (a) Notwithstanding section 71 of chapter 151A of the General Laws or any other general or special law to the contrary, with respect to individuals receiving any unemployment insurance benefits that were accrued in 2020 and 2021, including but not limited to chapter 151A benefits, Pandemic Unemployment Assistance, Pandemic Emergency Unemployment Compensation, Federal Extended Benefits, Federal Pandemic Unemployment Compensation, and Mixed Earner Unemployment Compensation, but excluding benefits under Disaster Unemployment Assistance, the Department of Unemployment Assistance shall:

(1) provide notice of the availability of the overpayment waiver process under the standards described in subsection (b) on all notices concerning unemployment insurance benefits overpayments including but not limited to statements of accounts to all individuals described in subsection (a) who were overpaid for any week or weeks in 2020 or 2021 and who have not previously been granted a full waiver of the overpaid weeks, regardless of whether an application for a waiver of overpayment was filed, determined, appealed, or is otherwise final; and

(2) provide individuals telephone assistance or in-person assistance where available to apply for waivers of overpayment including but not limited to individuals who are limited English proficient or who lack familiarity with or access to technology or other resources needed to complete the waiver request or provide supporting documentation; and

(3) create and make available to all claimants a simplified, plain language and multilingual waiver application within 90 days, with ongoing consultation with experts in user-experience and accessibility.

(b) The department shall grant a waiver of overpayment to individuals who meet the requirements of section 69 (c) chapter 151A of the General Laws, or to any individuals described in subsection (a) of this act who apply for a waiver, if, in the judgment of the director, the circumstances described in this subsection apply. It shall be against equity and good conscience for the director to recover an overpayment, and the department shall grant a waiver where the individual applying for a waiver of such overpayment is without fault in regard to the overpayment.

(c) The department shall review all waiver applications including waiver denials for individuals described in subsection (a) and shall grant waivers of overpayments in accordance with subsection (b), making all reasonable efforts to review said applications within 90 days of the effective date of this act.

(d) All notices required under this Act shall be in plain language and provided to individuals in their preferred language and preferred method of communication.

(e) Any benefits erroneously awarded and for which the beneficiary has been granted a waiver under this Section shall not be charged to an employer under section 14A of Chapter 151A.

(f) The department shall make available to claimants a procedure available online, by phone, and in-person by which the claimant may request in their preferred language reconsideration and redetermination under Section 71 of chapter 151A of the General Laws and/or subsections (g) and (h) of this Section of a determination, redetermination, or appeal decision which resulted in an overpayment. The department shall:

(1) provide plain-language notice of the availability of this reconsideration and redetermination process to all claimants with a disqualification for which no appeal is pending and on all future notices concerning unemployment insurance benefits overpayments including but not limited to statements of accounts; and

(2) provide individuals telephone assistance or in-person assistance where available to request reconsideration or redeterminations of disqualifications or decisions which resulted in overpayments, including but not limited to individuals who are limited English proficient or who lack familiarity with or access to technology or other resources needed to request such reconsideration and/or redetermination.

(g) Notwithstanding Section 71 of chapter 151A of the General Laws or any other general or special law to the contrary, the department of unemployment assistance shall redetermine any initial determination, redetermination, or decision rendered pursuant to Sections 39, 41, or 42 of chapter 151A of the General Laws which resulted in an overpayment issued on or after March 10, 2020 where existing information and/or evidence—including a claimant’s testimony and/or self-certification for benefits—in the department’s possession and/or any new evidence presented by a claimant demonstrates the claimant’s eligibility for benefits under the appropriate state and/or federal standards applicable to the issue or issues being redetermined.

(h) Notwithstanding Section 71 of chapter 151A of the General Laws or any other general or special law to the contrary, the department of unemployment assistance shall reconsider and redetermine a determination, redetermination, or decision rendered pursuant to Sections 39, 41, or 42 of chapter 151A of the General Laws which resulted in an overpayment issued on or after March 10, 2020 under the standards set forth in subsection (g) of this section notwithstanding that such redetermination is issued more than 1 year from the date of the initial determination. This subsection shall be effective until the later of December 31, 2023 or one year from the date the public-facing redetermination procedure described in subsection (f) is made available to claimants in their preferred language.”

Additional co-sponsor(s) added to Amendment #292 to H4700

UI Overpayment Waiver Reform