Louisiana 2012 Regular Session

Louisiana Senate Bill SB437

Introduced
3/12/12  
Refer
3/12/12  

Caption

Provides for overpayment of benefits and the recovery thereof.

Impact

If enacted, SB 437 would significantly alter the administrative framework regarding the handling of unemployment benefits, potentially leading to more stringent oversight of claims and allowing for longer recovery periods for overpayments. Specifically, it increases the period for the state to collect repayments from five to ten years, thereby providing the state with a longer window to re-coup funds deemed overpaid. This change may impact individuals duplicitously benefiting from the system as well as those who might unintentionally fall into overpayment situations.

Summary

Senate Bill 437 aims to amend existing laws surrounding unemployment compensation in Louisiana, particularly focusing on the recovery of overpaid benefits and the disqualification of individuals who commit fraudulent acts while receiving these benefits. The bill modifies the duration of benefit disqualification for fraudulent activities, extending it to the remainder of the benefit year along with an additional 52 weeks following the fraud determination. Additionally, it enhances processes regarding wage reporting and the timely notification of claimants who may have unreported wages as determined by the state administrator.

Sentiment

The sentiments around SB 437 appear to be mixed among various stakeholders. Proponents argue that the bill is essential for closing loopholes that allow individuals to exploit the unemployment system, thereby aiming to maintain the integrity of the program and ensure that only eligible claimants receive benefits. Conversely, critics express concerns about the potential consequences for honest claimants and the increased bureaucratic hurdles that may arise from more rigorous requirements and penalties.

Contention

A notable point of contention lies in the proposed increase in penalties for claimants who fail to repay overpaid benefits. Under the new provisions, penalties can significantly escalate, which may disproportionately impact those who legitimately misunderstood their entitlement to benefits. Furthermore, the bill limits the ability to waive recovery of overpayments solely to the administrator, removing judicial discretion from the process and raising concerns about fairness and equity in adjudicating claims.

Companion Bills

No companion bills found.

Similar Bills

LA SB676

Provides for overpayment of benefits and the recovery thereof. (CA-7s2.1(A)) (8/1/12) (EN SEE FISC NOTE SD RV See Note)

MI HB4373

Employment security: other; claims for unemployment benefits; require the unemployment agency to process within a certain number of days, and require an administrative law judge to provide certain items to interested parties. Amends secs. 32 & 33 of 1936 (Ex Sess) PA 1 (MCL 421.32 & 421.33) & adds sec. 32g. TIE BAR WITH: HB 4374'23

MI SB0962

Employment security: benefits; hardship application waiver; modify. Amends secs. 28, 28d, 29a, 32a, 33 & 62 of 1936 (Ex Sess) PA 1 (MCL 421.28 et seq.).

LA HB247

Provides relative to criminal penalties for accepting overpayment of unemployment benefits

TN HB1060

AN ACT to amend Tennessee Code Annotated, Title 8; Title 50; Title 62; Title 63 and Title 68, relative to employment.

TN SB1285

AN ACT to amend Tennessee Code Annotated, Title 8; Title 50; Title 62; Title 63 and Title 68, relative to employment.

VA HB1767

Unemployment benefits; maximum duration.

DE HB176

An Act To Amend Title 19 Of The Delaware Code Relating To Unemployment Compensation Deadlines.