New York 2025-2026 Regular Session

New York Assembly Bill A09578

Introduced
1/21/26  

Caption

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.

Impact

The implications of A09578 on state laws revolve around how unemployment benefits are administered. If enacted, it would reshuffle the existing procedures regarding the recovery of overpaying benefits, balancing the needs of the state to recoup financial missteps against the burden this might impose on claimants. Particularly critical is the provision that would create a presumption of 'without fault' in numerous scenarios, easing the repayment pressure on individuals who relied on potentially erroneous guidance from the state. This is particularly important as many claimants navigate complicated systems that can obscure their eligibility and responsibilities.

Summary

Bill A09578 aims to amend the labor law in New York concerning the recovery of overpayments of unemployment benefits. It stipulates that claimants who receive benefits they were not entitled to shall not be held liable for the overpayment amounts under certain conditions. The bill outlines definitions for terms such as 'without fault' and 'willful misrepresentation', establishing a framework for determining when a claimant may be exempt from repayment. The proposed legislation further directs the Department of Labor to provide applications for individual waivers to claimants who have previously been denied such waivers, simplifying the process for individuals seeking relief from overpayment recovery.

Contention

Notable points of contention in the bill focus on who determines fault and how overpayments are assessed. Critics may argue that while protecting claimants is essential, the bill could encourage carelessness in reporting or claiming benefits if individuals believe they will not face consequences for overpayment. Additionally, the bill's provisions allowing for waivers may raise concerns regarding fiscal responsibility and the potential for increased costs to the unemployment insurance fund. The balance between aiding claimants and protecting the integrity of the unemployment system is likely to be a significant area of debate.

Companion Bills

NY S09841

Same As 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.

Previously Filed As

NY S09841

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.

NY S00444

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.

NY A08483

Provides that no entity shall receive fees for services rendered in a veterans' benefits matter until certain notice has been provided to the claimant; provides for the type of notice that shall be provided to claimants; defines terms; makes technical corrections.

NY A09555

Provides that unemployment insurance benefits shall not be paid in an amount greater than thirty times the claimant's weekly benefit rate in any benefit year, subject to certain exceptions.

NY S09383

Provides that unemployment insurance benefits shall not be paid in an amount greater than thirty times the claimant's weekly benefit rate in any benefit year, subject to certain exceptions.

NY A09643

Provides that a claimant eligible to receive unemployment insurance benefits shall also be entitled to receive a dependent allowance which shall begin at forty-five dollars and shall increase annually by an amount determined by the department of labor; directs the department of labor to report to the legislature following each calendar quarter certain information about dependent allowances and to make such reports available on its website; provides that a claimant's maximum benefit amount, including such dependent allowance, shall not exceed one hundred percent of such claimant's average weekly wage from their highest-earning calendar quarter.

NY S09382

Provides that a claimant eligible to receive unemployment insurance benefits shall also be entitled to receive a dependent allowance which shall begin at forty-five dollars and shall increase annually by an amount determined by the department of labor; directs the department of labor to report to the legislature following each calendar quarter certain information about dependent allowances and to make such reports available on its website; provides that a claimant's maximum benefit amount, including such dependent allowance, shall not exceed one hundred percent of such claimant's average weekly wage from their highest-earning calendar quarter.

NY A10304

Provides that a claimant's weekly unemployment insurance benefit shall be calculated based on such claimant's average weekly wage compared to the state average weekly wage.

NY S09384

Provides that a claimant's weekly unemployment insurance benefit shall be calculated based on such claimant's average weekly wage compared to the state average weekly wage.

NY A08480

Includes the unaccrued portion of a non-schedule award in the amounts to be payable to and for the benefit of certain persons where a claimant was entitled to death benefits at the time of death.

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