Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H2149 Compare Versions

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

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 433 FILED ON: 1/9/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 2149
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 Plymouth1/9/2025Natalie M. Higgins4th Worcester2/10/2025Patrick Joseph Kearney4th Plymouth1/16/2025 1 of 7
16	16	HOUSE DOCKET, NO. 433 FILED ON: 1/9/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 2149
18	18	By Representative Meschino of Hull, a petition (accompanied by bill, House, No. 2149) of Joan
19	19	Meschino, Natalie M. Higgins and Patrick Joseph Kearney relative to non-fault unemployment
20	20	insurance overpayments. Labor and Workforce Development.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
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, as appearing in the 2022
30	30	2Official Edition, is hereby amended by striking out the first paragraph of subsection (a) and
31	31	3inserting in place thereof the following:-
32	32	4 (a)The department may recover by a civil action any amounts paid to an individual
33	33	5through error, or, in the discretion of the department, the amount erroneously paid may be
34	34	6deducted from any future payments of benefits accruing to an individual under the provisions of
35	35	7this chapter, provided that there has been a final decision as defined in Section 69D, and
36	36	8provided further that if the department has not determined that the individual was at fault with
37	37	9respect to such erroneous payment, such deduction shall not exceed ten percent of the
38	38	10individual’s weekly benefit rate, exclusive of dependency allowances. Any civil action brought
39	39	11pursuant to this subsection shall be commenced within six years from the date of the erroneous
40	40	12payment, provided that, if the department has not determined that the individual was at fault with 2 of 7
41	41	13respect to such erroneous payment, any civil action shall be commenced within three years from
42	42	14the date of the erroneous payment and no deduction shall be made from any future payments of
43	43	15benefits accruing to the individual more than three years after such erroneous payment was
44	44	16made.
45	45	17 SECTION 2. Section 69 of chapter 151A of the General Laws, as so appearing, is hereby
46	46	18amended by striking out subsection (b) and inserting in place thereof the following:-
47	47	19 (b)The department shall cancel the balance of restitution for an erroneous payment
48	48	20owed by an individual under this subsection three years after such erroneous payment was made
49	49	21if, in the judgment of the department, the individual was without fault with respect to such
50	50	22erroneous payment. The department may cancel any other balance of restitution owed by an
51	51	23individual under this section if the department finds that such individual is deceased and has left
52	52	24no estate or that, after five years following notice to the individual that such restitution was
53	53	25required, the individual has not claimed benefits and cannot be located.
54	54	26 SECTION 3. Section 69 of chapter 151A of the General Laws, as so appearing, is hereby
55	55	27amended by striking out subsection (c) and inserting in place thereof the following:-
56	56	28 (c) Waiver of Non-Fault Overpayments:
57	57	29 (1) The department shall waive recovery of an overpayment of benefits, including
58	58	30dependency allowances, paid pursuant to chapter 151A of the General Laws to an individual
59	59	31who, in the judgment of the department, is without fault.
60	60	32 (2) The department shall waive recovery of an overpayment of benefits, including
61	61	33dependency allowances, paid through the Department of Unemployment Assistance pursuant to 3 of 7
62	62	34any other state or federal law to the extent permitted by such laws, to an individual who, in the
63	63	35judgment of the department, is without fault.
64	64	36 (3) For any overpayment of benefits which cannot be waived pursuant to subsection
65	65	37(c)(1) or (c)(2), the department shall waive recovery of the overpayment of benefits, including
66	66	38dependency allowances, paid pursuant to chapter 151A of the General Laws or through the
67	67	39Department of Unemployment Assistance pursuant to any other state or federal law to the extent
68	68	40permitted by such laws, to an individual who, in the judgment of the department, is without fault
69	69	41and where, in the judgment of the department, such recovery would defeat the purpose of
70	70	42benefits otherwise authorized or would be against equity and good conscience.
71	71	43 As used in this subsection, “against equity and good conscience” includes, but is not
72	72	44limited to, circumstances in which:
73	73	45 (i)The overpaid claimant, at the time the application for a waiver is filed or while the
74	74	46department is adjudicating such application, is receiving or eligible for Emergency Assistance to
75	75	47Elderly, Disabled, and Children (EAEDC) benefits, public assistance under Transitional Aid to
76	76	48Families with Dependent Children (TAFDC), benefits under the Supplemental Nutritional
77	77	49Assistance Program (SNAP), Supplemental Security Income (SSI) benefits, or Social Security
78	78	50Disability Insurance (SSDI) benefits, or Veterans’ Benefits under Chapter 115 of the General
79	79	51Laws, or has income, after taxes, that is 200 per cent or less of the current poverty threshold
80	80	52established annually by the Community Services Administration pursuant to section 625 of the
81	81	53Economic Opportunity Act, as amended. 4 of 7
82	82	54 (ii)The department awarded unemployment benefits and subsequently detected a
83	83	55nonmonetary issue affecting eligibility for benefits but failed to issue a determination regarding
84	84	56that issue within 21 days after the department had initially detected the issue.
85	85	57 (iii)The department initially awarded unemployment benefits but reversed the award
86	86	58in whole or part after an appeal or protest that was filed more than 30 days after the initial award.
87	87	59 (iv)The overpayment is due to the department’s suspension of lack of work notices
88	88	60between the period from March 20, 2020 to June 22, 2020.
89	89	61 (v)The overpaid claimant applied for Pandemic Unemployment Assistance (PUA)
90	90	62benefits prior to March 23, 2021, when the department provided notification that required PUA
91	91	63claimants to submit documentation substantiating employment, self-employment, or the planned
92	92	64commencement of such employment or self-employment, and the individual thereafter failed to
93	93	65submit such documentation.
94	94	66 (vi)The individual was eligible for payment under an unemployment benefit program
95	95	67for a given week, but through no fault of the individual, they were instead incorrectly paid under
96	96	68either the PUA or Pandemic Extended Unemployment Compensation (PEUC) program at a
97	97	69higher weekly benefit amount.
98	98	70 (4) An overpaid claimant shall have the right to file an application for a waiver at any
99	99	71time after such overpayment is established, including during the pendency of any appeal of the
100	100	72determination resulting in the establishment of the overpayment pursuant to Sections thirty-nine
101	101	73to forty-two of this Chapter, inclusive. 5 of 7
102	102	74 (5) The department shall provide to overpaid individuals multilingual assistance with the
103	103	75completion of requests for waivers of recovery of overpayments by telephone and in person in all
104	104	76locations where it is required to provide in-person assistance.
105	105	77 (6) Any person aggrieved by a determination or decision of the department that recovery
106	106	78of an overpayment not be waived shall have the right to appeal such determination or decision in
107	107	79accordance with the provisions set forth in sections thirty-nine to forty-two, inclusive.
108	108	80 (7) The department shall provide individuals notice of their right to file an application to
109	109	81waive recovery of an overpayment in simple and plain language and in the individual’s primary
110	110	82language, in accordance with subsection (d) of Section 62A of this Chapter, including but not
111	111	83limited to when the department establishes the overpayment of benefits, when the determination
112	112	84resulting in the overpayment becomes final within the meaning of Section 69D of this Chapter,
113	113	85when the individual files a new claim for benefits from which the department may recover an
114	114	86overpayment by deducting benefits, and when the department sends the individual any
115	115	87communication notifying them of their obligation to repay the department or regarding any
116	116	88collections efforts the department will undertake with respect to such overpayment.
117	117	89 (8) With respect to overpayments for which an overpaid claimant has not been
118	118	90determined to be at fault, the department shall not undertake any recovery efforts until sixty days
119	119	91after the individual is notified of the right to file an application for a waiver of the overpayment
120	120	92following the determination resulting in the overpayment becoming final within the meaning of
121	121	93Section 69D of this Chapter, while a request for a waiver of such overpayment is pending, or
122	122	94until a decision denying such a request for a waiver becomes final within the meaning of Section
123	123	9569D; nor shall the department deduct any benefits issued to the overpaid individual in connection 6 of 7
124	124	96with a new claimed filed by the individual until sixty days after the individual is notified of their
125	125	97right to file an application for a waiver of such overpayment following the individual’s
126	126	98commencement of the new claim from which the department may deduct benefits.
127	127	99 (9) With respect to overpayments for which an overpaid claimant has not been
128	128	100determined to be at fault, and to the extent permitted by the treasury offset program of the United
129	129	101States Department of Treasury, the department shall promptly refund to the claimant any amount
130	130	102recovered in connection with such overpayment if the department subsequently waives recovery
131	131	103of such overpayment.
132	132	104 SECTION 4. Section 69B of chapter 151A of the General Laws, as so appearing, is
133	133	105hereby amended by striking the first sentence of the first paragraph, at lines 1 through 9, and
134	134	106inserting in place thereof the following:-
135	135	107 In addition to any other remedy provided by this chapter, the department may request that
136	136	108the amount payable to the department by an individual resulting from an overpayment of
137	137	109unemployment benefits which has become final as specified in 430 CMR 6.12 be set off against
138	138	110any refund owed such individual by the department of revenue only if the department has
139	139	111determined that the individual was at fault for the overpayment to be set off in a decision which
140	140	112has become final as specified in section 69D of chapter 151A of the General Laws; provided,
141	141	113however, that such individual is notified of the intention to request a set off of the amount owed
142	142	114and the right to apply to the department for a review of such intention.
143	143	115 SECTION 5. Section 69B of chapter 151A of the General Laws, as so appearing, is
144	144	116hereby amended by striking the second paragraph, in lines 25 through 31 and inserting in place
145	145	117thereof the following:- 7 of 7
146	146	118 In addition to any other remedy provided by this chapter, the department may request that
147	147	119the amount payable to the department by an individual resulting from an overpayment of
148	148	120unemployment benefits which has become final as specified in 430 CMR 6.12 be set off against
149	149	121any federal tax refund payment owed such individual by the United States Department of
150	150	122Treasury in accordance with the requirements of the treasury offset program pursuant to section
151	151	12314Q only if the department has determined that the individual was at fault for the overpayment to
152	152	124be set off in a decision which has become final as specified in section 69D of chapter 151A of
153	153	125the General Laws or if such set off is otherwise required by the treasury offset program.