Kentucky Statutes 341.413 – Unemployment insurance claims filed between January 27, 2020, and December 31, 2020 — Overpayment of benefits, requests for waiver, timeliness — Return of overpayments collected to federal government
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Notwithstanding any state law to the contrary, for unemployment insurance claims filed between January 27, 2020, and December 31, 2020:
(1) Upon request of the alleged overpayment recipient, the secretary may waive an overpayment of benefits if he or she finds the overpayment:
(a) Was made without fault on the part of the recipient; and
(b) Recovery would be contrary to equity and good conscience;
(2) (a) Requests for waiver of overpayment of benefits under subsection (1) of this section shall be made within thirty (30) days after the date the secretary mails to the alleged overpayment recipient the notification of the overpayment determination via first-class United States Mail. The secretary shall resend any notices of overpayment sent prior to March 12, 2021. The new notices shall restart the thirty (30) day period for the alleged overpayment recipient to request repayment waiver.
(b) Notice of the secretary’s determination shall include information explaining how the alleged overpayment recipient may request a waiver of overpayment and explain how the alleged overpayment recipient may appeal the secretary’s final determination by requesting an appeal of the determination pursuant to KRS § 341.420.
(c) The secretary shall not initiate overpayment recovery until lapse of the thirty
(30) day period provided in this subsection.
(d) Overpayments collected shall be returned to the federal government if the overpayments were paid from Coronavirus Aid, Relief, and Economic Security (CARES) Act dollars and a waiver was not granted pursuant to subsection (1) of this section.
Effective: March 12, 2021
History: Created 2021 Ky. Acts ch. 16, sec. 2, effective March 12, 2021.
2022-2024 Budget Reference. See State/Executive Branch Budget, 2022 Ky. Acts ch.
199, Pt. I, D, 7, (6) at 1664.
(1) Upon request of the alleged overpayment recipient, the secretary may waive an overpayment of benefits if he or she finds the overpayment:
Terms Used In Kentucky Statutes 341.413
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Benefits: means the money payments payable to a worker under this chapter and under any previous unemployment compensation law of this state with respect to his unemployment. See Kentucky Statutes 341.020
- branch budget: means an enactment by the General Assembly which provides appropriations and establishes fiscal policies and conditions for the biennial financial plan for the judicial branch, the legislative branch, and the executive branch, which shall include a separate budget bill for the Transportation Cabinet. See Kentucky Statutes 446.010
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Secretary: means the secretary of the Education and Labor Cabinet or his or her duly authorized representative. See Kentucky Statutes 341.005
- State: includes , in addition to the states of the United States of America, the
District of Columbia, Puerto Rico, the Dominion of Canada, and Virgin Islands. See Kentucky Statutes 341.020
(a) Was made without fault on the part of the recipient; and
(b) Recovery would be contrary to equity and good conscience;
(2) (a) Requests for waiver of overpayment of benefits under subsection (1) of this section shall be made within thirty (30) days after the date the secretary mails to the alleged overpayment recipient the notification of the overpayment determination via first-class United States Mail. The secretary shall resend any notices of overpayment sent prior to March 12, 2021. The new notices shall restart the thirty (30) day period for the alleged overpayment recipient to request repayment waiver.
(b) Notice of the secretary’s determination shall include information explaining how the alleged overpayment recipient may request a waiver of overpayment and explain how the alleged overpayment recipient may appeal the secretary’s final determination by requesting an appeal of the determination pursuant to KRS § 341.420.
(c) The secretary shall not initiate overpayment recovery until lapse of the thirty
(30) day period provided in this subsection.
(d) Overpayments collected shall be returned to the federal government if the overpayments were paid from Coronavirus Aid, Relief, and Economic Security (CARES) Act dollars and a waiver was not granted pursuant to subsection (1) of this section.
Effective: March 12, 2021
History: Created 2021 Ky. Acts ch. 16, sec. 2, effective March 12, 2021.
2022-2024 Budget Reference. See State/Executive Branch Budget, 2022 Ky. Acts ch.
199, Pt. I, D, 7, (6) at 1664.