Amendment ID: S2622-2-R1

Redraft Amendment 2

Unemployment overpayments

Ms. Jehlen, Messrs. Feeney and Eldridge, Ms. Rausch, Mr. Timilty, Ms. Comerford, Mr. Gomez, Ms. Chang-Diaz, Ms. Chandler, Messrs. Montigny, Brady and Pacheco and Ms. Moran move that the proposed new text be amended in section 2A, by inserting after item 1599-0767 the following item:

“XXXX-XXXX For the department of unemployment assistance to maximize the reach of the public information campaign required under section 76 of chapter 102 of the acts of 2021 and promote awareness of the ability to seek a redetermination of a decision pursuant to section 26A in a culturally, linguistically and ethnically diverse manner that includes multi-lingual, plain language communication to each affected claimant in their preferred language, that promotes equity and reaches underserved and underrepresented individuals and that includes detailed information on how to request an appeal; provided, that detailed information on how to request an appeal shall also be posted prominently within the unemployment insurance online and pandemic unemployment assistance portals; provided further, that the department shall pursue the highest allowable rate of federal reimbursement for all eligible expenditures from this item………..  $1,000,000”; and

by inserting after section 26 the following section:-

“SECTION 26A. (a) Notwithstanding section 71 of chapter 151A of the General Laws, the department of unemployment assistance may reconsider a determination or redetermination that resulted in an overpayment issued on or after March 10, 2020 after 1 year from the date of the original determination.

(b)  Not later than March 1, 2022, the department of unemployment assistance shall report a detailed accounting of all estimates for the number of individuals and cost of overpayments that occurred in calendar years 2020 and 2021 as result of benefits dispersed under said chapter 151A and federal programs, including, but not limited to, Pandemic Unemployment Assistance, Federal Pandemic Emergency Unemployment Compensation, federal Extended Benefits, Federal Pandemic Unemployment Compensation and Mixed Earner Unemployment Compensation. The report shall include: (i) the number of individuals in overpayment, by program; (ii) the number of waiver requests filed, including the number of waiver requests granted or denied and including reasons for denials and approvals; (iii) the number of appeals pending from overpayment denials and qualification determinations; (iv) the dollar amount of overpayment in each program; (v) the estimate of expected recovery for each of the programs; (vi) an estimate of the cost for the department to adjudicate waivers and appeals as a result of denied waivers; (vii) the estimated cost for taking action to recover said amounts; (viii) the median and average income of all individuals subject to overpayment and a stratification of individuals in income brackets; (ix) demographic information about such individuals; (x) the number of individuals who have already repaid overpayments; (xi) the amount of money collected from recovery efforts for each program; and (xii) an estimate of the tax rate for the 2023 tax year for employers should recovery of overpayments not occur. The report shall be filed with the clerks of the house of representatives and the senate, the house and senate committees on ways and means and the joint committee on labor and workforce development.”; and

by inserting after section 27 the following section:-

“SECTION 27A. The public information campaign required under item XXXX-XXXX shall begin not more than 5 days after the effective date of this act.”; and

by inserting after section 31 the following section:-

“SECTION 31A. Section 26A is hereby repealed.”; and

by inserting after section 32 the following section:-

“SECTION 32A. Section 31A shall take effect 90 days after the rescission of the public health emergency declared by the governor on May 28, 2021 or August 1, whichever occurs first.