CHAPTER 70
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1
CHAPTER 70
( SB 140 )
AN ACT relating to unemployment insurance benefits and declaring an emergency.
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
Section 1. KRS 341.413 is amended to read as follows:
Notwithstanding any state law to the contrary, for unemployment insurance claims filed between January 27, 2020,
and September 6, 2021[December 31, 2020]:
(1) [Upon request of the alleged overpayment recipient, ]The secretary shall[may] waive an overpayment of
benefits if he or she finds the overpayment:
(a) Was made without fault on the part of the recipient; and
(b) Recovery would be contrary to equity and good conscience;
(2) [(a) Requests for waiver of overpayment of benefits under subsection (1) of this section shall be made
within thirty (30) days after the date the secretary mails to the alleged overpayment recipient the
notification of the overpayment determination via first-class United States Mail. The secretary shall
resend any notices of overpayment sent prior to March 12, 2021. The new notices shall restart the thirty
(30) day period for the alleged overpayment recipient to request repayment waiver.
(b) Notice of the secretary's determination shall include information explaining how the alleged
overpayment recipient may request a waiver of overpayment and explain how the alleged overpayment
recipient may appeal the secretary's final determination by requesting an appeal of the determination
pursuant to KRS 341.420.
(c) The secretary shall not initiate overpayment recovery until lapse of the thirty (30) day period provided
in this subsection.
(d) ]Overpayments collected shall be returned to the federal government if the overpayments were paid
from Coronavirus Aid, Relief, and Economic Security (CARES) Act dollars and a waiver was not
granted pursuant to subsection (1) of this section.
Section 2. Whereas it is vital to address pending claims for benefits and pending claims of alleged
overpayments, an emergency is declared to exist, and this Act takes effect upon its passage and approval by the
Governor or upon its otherwise becoming a law.
Signed by Governor April 4, 2024.