Massachusetts Senate Bill S1162

Massachusetts 2023-2024 Regular Session

• Introduced: 2/16/23
• Refer: 2/16/23
• Refer: 5/9/24

Caption

Relative to non-fault unemployment insurance overpayments

Impact

If passed, S1162 would significantly alter how overpayments of unemployment benefits are handled, ensuring that those who receive funds in error but without malicious intention cannot be penalized financially. The revised provisions would also allow the commissioner to waive the recovery of overpayments based on criteria that consider equity and the purpose of the benefits. This could lead to a more humane and just approach to addressing administrative errors in benefit distribution.

Summary

Senate Bill S1162 aims to revise the existing laws concerning the recovery of overpayments in unemployment insurance benefits within Massachusetts. The bill specifically introduces a waiver process for individuals who are deemed 'without fault' in the overpayment of benefits. This measure seeks to protect individuals from the financial burden of repaying unemployment benefits that they received despite not being culpable for the overpayment. The changes would amend Chapter 151A of the General Laws, strengthening the rights of claimants regarding overpayment recovery decisions made by the commissioner of the Department of Unemployment Assistance.

Contention

Discussions surrounding the bill may involve considerations of fairness and the administrative responsibilities of the Department of Unemployment Assistance. As opponents of similar measures have voiced concerns about potential abuse of waiver provisions, the bill's supporters would need to ensure robust guidelines are established to prevent misuse while still providing necessary protections for claimants. The proposal thus balances the need to maintain integrity in the unemployment system with the recognition of individuals' rights to fair treatment under the law.