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2010 SESSION

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HB 252 Unemployment benefits; waiver of overpayment due to administrative error.

Introduced by: Donald W. Merricks | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Waiver of overpayment of unemployment benefits due to administrative error.  Requires the Virginia Employment Commission (VEC) to waive an individual's obligation to repay overpayments of unemployment compensation benefits if (i) the individual requests a waiver, (ii) the overpayment occurred solely because of an administrative error by the VEC, (iii) repayment was not demanded within the six months following the date of the overpayment, and (iv) requiring the individual to repay the overpayment would be inequitable. If the four criteria for a mandatory waiver are not satisfied, the VEC is provided the option of waiving all or part of an individual's obligation to repay overpayments of unemployment compensation benefits if the overpayment occurred solely or partially due to an administrative error by the VEC (and in no part due to the individual's false representation or failure to disclose a material fact) and the VEC determines that recovery of all or part of the overpayment would be inequitable. In determining whether requiring the individual to repay an overpayment would be inequitable, the VEC shall consider whether repayment would cause economic hardship to the individual.


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