SB 1315, as introduced, Monning. Unemployment insurance benefits: overpayment.
Existing law requires the Employment Development Department to pay unemployment compensation benefits to eligible claimants, makes any person who is overpaid any amount as benefits liable for the amount overpaid, and requires the department to issue a notice of overpayment. Existing regulations adopted by the department require the department to notify the claimant when the department determines that an overpayment of benefits is probable, and to assist the claimant in furnishing necessary information to the department regarding the claimant’s eligibility for benefits, as specified.
This bill would place in statute the requirement that the department issue a notice of probable overpayment of benefits and provide related assistance, and would require that the claimant be given a minimum of 20 days in which to respond to the notice.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1327.5 is added to the Unemployment
2Insurance Code, to read:
(a) Whenever the department determines that an
2overpayment is probable, it shall promptly notify the claimant of
3the probable overpayment, the claimant’s right to request that the
4department waive the overpayment, and the standards to obtain a
5waiver of the overpayment. The claimant shall be provided no
6fewer than 20 days from the mailing or personal service of the
7notice to respond before the department issues a decision of
8overpayment. The department shall assist and advise the claimant
9in meeting his or her obligation to furnish the department with all
10information necessary for the department to determine whether
11there is an overpayment and whether the claimant is entitled to
12waiver of an overpayment, and for establishing a repayment
13schedule.
14(b) This section shall not be interpreted to modify Section 1328
15or Section 1334.
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