UNOFFICIAL COPY 24 RS SB 140/EN
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SB014020.100 - 1180 - XXXX 3/27/2024 4:04 PM Engrossed
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 September 6, 2021[December 31, 2020]: 5
(1) [Upon request of the alleged overpayment recipient, ]The secretary shall[may] 6
waive an 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 thirty (30) days after the date the secretary mails 11
to the alleged overpayment recipient the notification of the overpayment 12
determination via first-class United States Mail. The secretary shall resend 13
any notices of overpayment sent prior to March 12, 2021. The new notices 14
shall restart the thirty (30) day period for the alleged overpayment recipient to 15
request repayment waiver. 16
(b) Notice of the secretary's determination shall include information explaining 17
how the alleged overpayment recipient may request a waiver of overpayment 18
and explain how the alleged overpayment recipient may appeal the secretary's 19
final determination by requesting an appeal of the determination pursuant to 20
KRS 341.420. 21
(c) The secretary shall not initiate overpayment recovery until lapse of the thirty 22
(30) day period provided in this subsection. 23
(d) ]Overpayments collected shall be returned to the federal government if the 24
overpayments were paid from Coronavirus Aid, Relief, and Economic 25
Security (CARES) Act dollars and a waiver was not granted pursuant to 26
subsection (1) of this section. 27 UNOFFICIAL COPY 24 RS SB 140/EN
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SB014020.100 - 1180 - XXXX 3/27/2024 4:04 PM Engrossed
Section 2. Whereas it is vital to address pending claims for benefits and pending 1
claims of alleged overpayments, an emergency is declared to exist, and this Act takes 2
effect upon its passage and approval by the Governor or upon its otherwise becoming a 3
law. 4