UNOFFICIAL COPY 24 RS SB 140/GA
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SB014010.100 - 1180 - XXXX 2/22/2024 3:12 PM GA
AN ACT relating to unemployment insurance benefits and declaring an emergency. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
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. Before July 1, 13
2024, the secretary shall resend any notices of overpayment sent prior to the 14
effective date of this Act[March 12, 2021]. The new notices shall restart the 15
one (1) year[thirty (30) day] period for the alleged overpayment recipient to 16
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 or pursue overpayment recovery until lapse of 23
the one (1) 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 SB 140/GA
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SB014010.100 - 1180 - XXXX 2/22/2024 3:12 PM GA
subsection (1) of this section. 1
(3) (a) On or after the effective date of this Act, a recipient may submit a request 2
for waiver of overpayment of benefits under subsections (1) and (2) of this 3
section, regardless of any prior adjudication or agreement relating to the 4
alleged overpayment of benefits, with all rights to appeal the secretary's 5
final determination pursuant to subsection (2)(b) of this section and KRS 6
341.420. 7
(b) In the event that the alleged overpayment recipient has already paid all or 8
any portion of the alleged overpayment, and it is determined by adjudication 9
or agreement pursuant to a request for waiver of overpayment of benefits 10
submitted pursuant to paragraph(a) of this subsection that the recipient is 11
obligated to pay an amount less than the amount previously paid, the 12
recipient shall be refunded the appropriate amount. 13
Section 2. Whereas it is vital to address pending claims for benefits and pending 14
claims of alleged overpayments, an emergency is declared to exist, and this Act takes 15
effect upon its passage and approval by the Governor or upon its otherwise becoming a 16
law. 17