UNOFFICIAL COPY 24 RS BR 1180
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AN ACT relating to unemployment insurance benefits. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
ď˘Section 1. KRS 341.413 is amended to read as follows: 3
Notwithstanding any state law to the contrary, for unemployment insurance claims filed 4
between January 27, 2020, and December 31, 2020: 5
(1) Upon request of the alleged overpayment recipient, the secretary may waive an 6
overpayment of benefits if he or she finds the overpayment: 7
(a) Was made without fault on the part of the recipient; and 8
(b) Recovery would be contrary to equity and good conscience; 9
(2) (a) Requests for waiver of overpayment of benefits under subsection (1) of this 10
section shall be made within one (1) year[thirty (30) days] after the date the 11
secretary mails to the alleged overpayment recipient the notification of the 12
overpayment determination via first-class United States Mail. The secretary 13
shall resend any notices of overpayment sent prior to March 12, 2021. 14
Any[The] new notices sent by the secretary after March 12, 2021, shall 15
restart the one (1) year[thirty (30) day] period for the alleged overpayment 16
recipient to request repayment waiver. 17
(b) Notice of the secretary's determination shall include information explaining 18
how the alleged overpayment recipient may request a waiver of overpayment 19
and explain how the alleged overpayment recipient may appeal the secretary's 20
final determination by requesting an appeal of the determination pursuant to 21
KRS 341.420. 22
(c) The secretary shall not initiate overpayment recovery until lapse of the one (1) 23
year[thirty (30) day] period provided in this subsection. 24
(d) Overpayments collected shall be returned to the federal government if the 25
overpayments were paid from Coronavirus Aid, Relief, and Economic 26
Security (CARES) Act dollars and a waiver was not granted pursuant to 27 UNOFFICIAL COPY 24 RS BR 1180
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subsection (1) of this section. 1
(3) On or after the effective date of this Act, the claimant may request a new hearing 2
for any actions under this section relating to notice that the claimant received 3
after March 12, 2021, but are still within the one (1) year period. 4