New York S 9841: Relates to the powers and duties of fire district commissioners

Bill Text

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S09841 Summary:

BILL NOS09841 

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SAME ASSAME AS A09578

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SPONSORRAMOS

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COSPNSR

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MLTSPNSR

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Add §594-a, rpld §597 sub 4, amd §600, Lab L

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Provides that any claimant who has received certain unemployment benefits to which they were not entitled shall not be held liable for the amounts overpaid provided certain conditions exist; directs the department of labor to provide claimants who have previously been denied waivers with applications for individual waivers; repeals certain provisions of law relating thereto.

Go to top S09841 Actions:

BILL NOS09841 

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04/07/2026REFERRED TO LABOR

Go to topS09841 Committee&nbspVotes:

Go to topS09841 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS09841 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9841

 IN SENATE

 April 7, 2026
 ___________

 Introduced by Sen. RAMOS -- read twice and ordered printed, and when
 printed to be committed to the Committee on Labor

 AN ACT to amend the labor law, in relation to the recovery of overpay-
 ments of unemployment benefits; to direct the department of labor to
 provide claimants who have previously been denied waivers with appli-
 cations for individual waivers; and to repeal certain provisions of
 such law relating thereto

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The labor law is amended by adding a new section 594-a to
 2 read as follows:
 3 § 594-a. Recovery of overpayments. (1) Definitions. For the purposes
 4 of this section:
 5 (a) "Without fault" means the claimant did not, with the intent to
 6 receive benefits, intentionally supply false information or knowingly
 7 omit information, which directly resulted in the department issuing
 8 benefits to which the claimant knew they were not entitled;
 9 (b) "Final determination" means thirty days after appeal rights have
 10 been exhausted or abandoned.
 11 (c) "Willful misrepresentation" or "willful false statement" means an
 12 intentional, knowing, or deliberately false representation from the
 13 claimant to the department, made in order to obtain unemployment insur-
 14 ance benefits. "Knowing" for the purposes of this paragraph means having
 15 actual knowledge.
 16 (2) Notwithstanding any provision of section five hundred ninety-four
 17 of this title to the contrary, any claimant who has received benefits
 18 under the provisions of this article on or after January twenty-seventh,
 19 two thousand twenty, to which they were not entitled shall not be held
 20 liable for the amounts overpaid provided that all of the following
 21 conditions exist:
 22 (a) Such overpayment was not due to a willful false statement or
 23 misrepresentation;
 24 (b) Such overpayment was received without fault on the part of the
 25 claimant; and

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01904-01-5

 S. 9841 2

 1 (c) The recovery of such overpayment would be against equity and good
 2 conscience.
 3 (3) When determining whether an overpayment was received without fault
 4 on the part of the claimant, the commissioner shall consider the follow-
 5 ing factors:
 6 (a) The nature and cause of such overpayment and the capacity of the
 7 claimant to recognize the error resulting in such overpayment;
 8 (b) Whether the claimant knew or reasonably should have known that
 9 such claimant was not lawfully entitled to receive such benefits;
 10 (c) Whether the benefits were received or retained because of the
 11 claimant's good faith reliance on an administrative or departmental
 12 error; and
 13 (d) Whether the claimant willfully reported or failed to report infor-
 14 mation which resulted in such overpayment.
 15 (4) (a) There shall be a presumption that the claimant is without
 16 fault if:
 17 (i) the department provided conflicting, changing, or confusing infor-
 18 mation or instructions;
 19 (ii) the department took more than six months to implement a federal
 20 law regarding proof of eligibility from claimants;
 21 (iii) the claimant was unable to reach the department despite their
 22 best efforts to inquire or clarify information the individual nee