CHAPTER 249
SB 89-FN – FINAL VERSION
03/11/09 0389s
06/10/09 2085eba
2009 SESSION
08/05
SENATE BILL 89-FN
COMMITTEE: Commerce, Labor and Consumer Protection
This bill grants immunity from liability for certain recipients of unemployment overpayments.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/11/09 0389s
06/10/09 2085eba
09-0948
08/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT relative to unemployment overpayments.
Be it Enacted by the Senate and House of Representatives in General Court convened:
249:1 Overpayments. Amend RSA 282-A:165 to read as follows:
282-A:165 Overpayments.
I. Any person who has received any benefits under this chapter while any conditions for the receipt of benefits imposed by this chapter were not fulfilled or while [he] the person was disqualified from receiving benefits shall be liable to repay to the commissioner such benefits all of which shall be considered to be overpayments [unless such benefits were received by him solely through error or inadvertence of the commissioner or his authorized representative as defined by the rules of the commissioner].
II. Liability shall not exist where the person receiving benefits is without fault in causing the overpayment as defined by the rules of the commissioner.
III. No such overpayment shall exist unless a determination has been made by [a certifying officer] the commissioner or an authorized representative setting forth the facts causing the creation of the overpayment and notice of such determination has been sent to the claimant who may appeal in the manner set forth in RSA 282-A:42-68. Such determination shall be made within 2 years of the weeks affected thereby and shall include notice of the compromise process under RSA 282-A:29.
[II.] IV. The commissioner shall collect any overpayment created under this chapter by civil action in any manner provided for the collection of contributions in RSA 282-A:141-156 and shall withhold, in whole or in part as determined by the commissioner, any future benefits payable to the individual and shall credit such amount withheld against the overpayment until it is repaid in full.
249:2 Fund Chargeable; Overpayments. Amend RSA 282-A:75 to read as follows:
282-A:75 Fund Chargeable. In assigning the charges for benefits to the account of the most recent employer under this subdivision, no benefits shall be charged to the account of an individual employer but shall be charged by the commissioner against the fund where:
I. Benefits are paid and are not chargeable against any employer's account in accordance with the provisions of RSA 282-A:42 and 44-52; [or]
II. [Repealed.]
III. Benefits are paid to a claimant [solely through error or inadvertence of the commissioner or his authorized representative] as provided in RSA 282-A:165, II;
IV. Benefits are paid to an individual by reason of RSA 282-A:31, III[,]; or
V. Benefits are paid to an individual by reason of RSA 282-A:32, I(a)(3).
249:3 Effective Date. This act shall take effect January 1, 2010.
Approved: July 16, 2009
Effective Date: January 1, 2010