Virginia 2024 Regular Session

Virginia House Bill HB1261

Introduced
1/10/24  
Refer
1/10/24  
Report Pass
2/6/24  
Refer
2/6/24  
Report Pass
2/9/24  
Engrossed
2/12/24  
Refer
2/14/24  
Report Pass
2/26/24  
Report Pass
2/27/24  
Engrossed
2/28/24  
Engrossed
3/6/24  
Engrossed
3/7/24  
Enrolled
3/25/24  
Chaptered
4/8/24  

Caption

Unemployment compensation; continuation of benefits, repayment of overpayments.

Impact

The bill's provisions are set to impact several state laws relating to unemployment benefits and employer liabilities. By amending sections 60.2-528, 60.2-612.1, 60.2-619, and 60.2-633, HB1261 seeks to streamline processes for calculating benefit charges and appeal mechanisms for employers and claimants alike. Additionally, it empowers the Commission to grant waivers for overpayments and negotiate repayment options based on an individual's ability to pay. This is expected to reduce the number of hardships faced by claimants due to overpayment issues, aligning the unemployment compensation system with more equitable standards.

Summary

House Bill 1261 addresses the issues related to unemployment compensation in Virginia, specifically focusing on the continuation of benefits and the repayment of overpayments. The bill proposes amendments to various sections of the Code of Virginia to clarify the rules surrounding benefit charges and when an employer is liable for those charges. Key provisions include the establishment of conditions under which benefit charges will not be assigned to employers, which aims to prevent unjust penalties on employers for situations outside their control, such as employee violations leading to confinement or medical reasons causing a voluntary job departure. The bill also introduces mechanisms for addressing benefit overpayments, including provisions for waiving repayment in certain circumstances, particularly relating to administrative errors or inability to pay without suffering significant hardship.

Sentiment

Overall, there is a mixed sentiment regarding HB1261 among stakeholders. Supporters argue that the bill offers much-needed protections for both unemployed individuals and businesses, emphasizing fairness in how benefit charges are assigned. They believe that the provisions regarding overpayment waivers will help alleviate financial burdens on claimants. However, opponents express concern that the waivers could lead to fewer resources for the unemployment fund and potential abuse of the system, which could destabilize the economic safety net that the unemployment compensation system is designed to provide.

Contention

Notable points of contention include the parameters set forth for waiving repayments of overpayments, with critics worrying that they may encourage negligence in future claims processing. Debates centered around ensuring adequate funding for the unemployment compensation program while also safeguarding the interests of individuals who might be disproportionately affected by strict repayment policies. The bill is a step toward reconciling these interests but raises questions about the balance between protecting the system's integrity and providing necessary support for those genuinely in need.

Companion Bills

VA SB536

Similar To Unemployment compensation; continuation of benefits, repayment of overpayments.

Similar Bills

CA AB2167

Unemployment insurance: disability: paid family leave.

CA AB1066

Unemployment compensation: benefits payable: collection.

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.).

MI HB4371

Employment security: benefits; time period to initiate administrative or court action to recover improperly paid benefits or issue a restitution determination; modify and require notice of certain rights for certain determinations to become final. Amends sec. 62 of 1936 (Ex Sess) PA 1 (MCL 421.62).

HI SB716

Relating To Hawaii Employment Security Law.

MI HB4051

Employment security: administration; prohibition against the recovery of improperly paid benefits; expand to include certain errors made by the unemployment agency during a certain period of time and prohibit certain improperly paid benefits from being charged to certain accounts and funds. Amends sec. 62 of 1936 (Ex Sess) PA 1 (MCL 421.62) & adds sec. 62a.

HI HB477

Relating To The Hawaii Employment Security Law.

CA SB1090

Unemployment insurance: disability and paid family leave: claim administration.