Amendment ID: S2776-7

Amendment 7

Unemployment overpayment waivers

Ms. Jehlen, Ms. Moran, Mr. Keenan, Ms. Comerford, Mr. Gomez, Ms. Rausch, Ms. Chang-Diaz, Messrs. Timilty and Brady move that the proposed new text be amended by adding the following section:-

SECTION XX. (a) Notwithstanding section 69 (c) 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, 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.

(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:

(1) where the individual meets the indigency standards set out in section 27A of chapter 261 of the General Laws; or

(2) where the individual meets the income eligibility standard for the LIHEAP program or for the affordable housing available under chapter 40B; or

(3) where the department made programming, technological or automated system errors that resulted in an incorrect determination or determinations for the individual that were later overturned; or

(4) where there is any other reason for which recovery of the overpayment would be against equity and good conscience under the circumstances.

(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. The department shall approve waiver requests based upon the individual’s income information within the department records where available; provided, that only where the department has insufficient income information to approve a waiver request under subsection (b) qualification standards, the department may request additional income information from the individual. The department shall amend its waiver request application to require only the information necessary to make a determination under subsection (b).

(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 act shall not be charged to an employer under section 14A of Chapter 151A.