AB 394

Under current law, if unemployment insurance benefits are erroneously paid

to an individual, that payment constitutes a benefit overpayment. The Department

of Workforce Development may recover benefit overpayments by various means, but

is required to waive recovery of a benefit overpayment if 1) the overpayment was the

result of a departmental error; and 2) the overpayment did not result from the fault

of the claimant, or because of a claimant's false statement or misrepresentation.

This bill requires DWD, in addition to and notwithstanding the standard

described above, to waive recovery of a benefit overpayment made to an individual

without fault on the part of that individual if such recovery would be against equity

and good conscience, as further specified in the bill.