Amendment #121 to H5007

Pandemic Overpayment Waiver Reform

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

"SECTION XXXX.

(a) Notwithstanding any general or special law to the contrary, with respect to individuals who were overpaid unemployment benefits through no fault of their own for weeks in 2020 and 2021, including benefits under chapter 151A, Pandemic Unemployment Assistance, Pandemic Emergency Unemployment Compensation, Federal Extended Benefits, Federal Pandemic Unemployment Compensation, Lost Wages Assistance, and Mixed Earner Unemployment Compensation, but excluding benefits under Disaster Unemployment Assistance:

Recovery of an overpayment shall, without limitation, be against equity and good conscience pursuant to subsection c of section 69 of chapter 151A

(1) where the individual provides documentation satisfactory to the director to demonstrate that he or she is indigent under either provision (a) or provision (b) of the definition established in section 27A of chapter 261 of the General Laws; or

(2) where the department awarded unemployment benefits and subsequently detected a nonmonetary issue affecting eligibility for benefits but failed to issue a determination regarding the issue within 21 days after the department had initially detected the issue; or

(3) where the department initially awarded unemployment benefits but reversed the award in whole or in part after an appeal or protest that was filed more than 30 days after the initial award; or

(4) where the state overpayment is due to the suspension of lack of work notices during the period from March 20, 2020 to June 22, 2020; or

(5) where the individual applied for PUA benefits prior to March 23, 2021, when the department provided notification that required PUA claimants to submit documentation substantiating employment, self-employment, or the planned commencement of employment or self-employment, and the individual thereafter failed to submit such documentation.

(b) Upon application by the claimant, the department may grant a waiver of any qualifying overpayment on grounds that recovery would be against equity and good conscience pursuant to subsection (a) or where, in the judgment of the commissioner such recovery would defeat the purpose of benefits otherwise authorized or would be against equity and good conscience pursuant to subsection c of section 69 of chapter 151A of the General Laws.

(c) The Department of Unemployment Assistance shall provide notice of the availability of the overpayment waiver process and standards in this Section to all individuals covered under subsection (a) in plain language and in their preferred language, through the individual’s preferred method of communication.".

Additional co-sponsor(s) added to Amendment #121 to H5007

Pandemic Overpayment Waiver Reform