Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1922 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 217 FILED ON: 1/11/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1922
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Joan Meschino
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to non-fault unemployment insurance overpayments.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Joan Meschino3rd Plymouth1/9/2023Patrick M. O'ConnorFirst Plymouth and Norfolk2/1/2023Michelle M. DuBois10th Plymouth2/7/2023Samantha Montaño15th Suffolk2/14/2023Natalie M. Higgins4th Worcester2/23/2023 1 of 3
16	16	HOUSE DOCKET, NO. 217 FILED ON: 1/11/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 1922
18	18	By Representative Meschino of Hull, a petition (accompanied by bill, House, No. 1922) of Joan
19	19	Meschino and others relative to non-fault unemployment insurance overpayments. Labor and
20	20	Workforce Development.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act relative to non-fault unemployment insurance overpayments.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Section 69 of chapter 151A of the General Laws is hereby amended by
30	30	2striking out subsection (c), as appearing in the 2020 Official Edition, at lines 22 through 26, and
31	31	3inserting in place thereof the following:-
32	32	4 (c) Waiver of Non-Fault Overpayments:
33	33	5 (i) The commissioner shall waive recovery of an overpayment of benefits, including
34	34	6dependency allowances, paid pursuant to chapter 151A of the General Laws to an individual
35	35	7who, in the judgment of the commissioner, is without fault.
36	36	8 (ii) The commissioner shall waive recovery of an overpayment of benefits, including
37	37	9dependency allowances, paid through the Department of Unemployment Assistance pursuant to
38	38	10any other state or federal law which authorizes the Department to waive recovery of
39	39	11overpayments and to the extent permitted by any standards and consistent with any procedures 2 of 3
40	40	12which may be established by the law under which the benefit payments are made, to an
41	41	13individual who, in the judgment of the commissioner, is without fault.
42	42	14 (iii) For any overpayment of benefits which cannot be waived pursuant to subsection
43	43	15(c)(i) or (c)(ii), the commissioner shall waive recovery of the overpayment of benefits, including
44	44	16dependency allowances, paid pursuant to chapter 151A of the General Laws or through the
45	45	17Department of Unemployment Assistance pursuant to any other state or federal law which
46	46	18authorizes the Department to waive recovery of overpayments and to the extent permitted by any
47	47	19standards and consistent with any procedures which may be established by the law under which
48	48	20the benefit payments are made, to an individual who, in the judgment of the commissioner, is
49	49	21without fault and where, in the judgment of the commissioner, such recovery would defeat the
50	50	22purpose of benefits otherwise authorized or would be against equity and good conscience.
51	51	23 (iv) Any person aggrieved by a determination or decision of the commissioner that
52	52	24recovery of an overpayment not be waived shall have the right to appeal such determination or
53	53	25decision in accordance with the provisions set forth in sections thirty-nine to forty-two, inclusive.
54	54	26 (v) The commissioner shall provide multilingual notice of the availability of the
55	55	27overpayment waiver standards and process described in this subsection to all individuals
56	56	28overpaid benefits paid under chapter 151A or through the Department of Unemployment
57	57	29Assistance pursuant to any other state or federal law which authorizes the Department to waive
58	58	30recovery of overpayments, as required by subsection (c)(iii) of section 62A of chapter 151A.
59	59	31 SECTION 2. Section 69B of chapter 151A of the General Laws, is hereby amended by
60	60	32striking the sentence, as so appearing, at lines 1 through 9, and inserting in place thereof the
61	61	33following:- 3 of 3
62	62	34 In addition to any other remedy provided by this chapter, the commissioner may request
63	63	35that the amount payable to the department by an individual resulting from an overpayment of
64	64	36unemployment benefits which has become final as specified in 430 CMR 6.12 be set off against
65	65	37any refund owed such individual by the department of revenue if and only if the commissioner
66	66	38has determined that the individual was at fault for the overpayment to be set off in a decision
67	67	39which has become final as specified in section 69D of chapter 151A of the General Laws;
68	68	40provided, however, that such individual is notified of the intention to request a set off of the
69	69	41amount owed and the right to apply to the commissioner for a review of such intention.
70	70	42 SECTION 3. Section 69B of chapter 151A of the General Laws, as appearing in the
71	71	432018 Official Edition, is hereby amended by striking the sentence, as so appearing, in lines 25
72	72	44through 31 and inserting in place thereof the following:-
73	73	45 In addition to any other remedy provided by this chapter, the commissioner may request
74	74	46that the amount payable to the department by an individual resulting from an overpayment of
75	75	47unemployment benefits which has become final as specified in 430 CMR 6.12 be set off against
76	76	48any federal tax refund payment owed such individual by the United States Department of
77	77	49Treasury in accordance with the requirements of the treasury offset program pursuant to section
78	78	5014Q if and only if the commissioner has determined that the individual was at fault for the
79	79	51overpayment to be set off in a decision which has become final as specified in section 69D of
80	80	52chapter 151A of the General Laws or if such set off is otherwise required by the treasury offset
81	81	53program.