OLR Bill Analysis

HB 6184

AN ACT PRESERVING GOOD CAUSE FOR LATE FILING OF CERTAIN UNEMPLOYMENT COMPENSATION APPEALS.

SUMMARY:

Under current law, an unemployment compensation claimant has 21 days to appeal a decision that he or she received either (1) an overpayment of benefits or (2) benefits through fraud. This bill allows appeals after 21 days of either type of decision if the claimant shows good cause for the late filing. The bill requires the Labor Department to issue regulations defining “good cause” for this purpose by January 1, 2011. Under law and unchanged by the bill, the 21 days for appeal begins when the decision notice is mailed to the claimant.

The bill also permits an appeal or motion to be timely within the 21-day period if it bears a U. S. Postal Service postmark indicating it was mailed within 21 days. It specifies that appeals with post marks from private postage meters are not timely if received after the 21 days.

EFFECTIVE DATE: October 1, 2009

BACKGROUND

Benefits Due to Fraud and Overpayments

By law, a claimant found to have received benefits through fraud must repay the benefits and may be ordered to pay other penalties. The labor commissioner, or her designee, makes determinations of fraud after holding a hearing, of which the claimant is notified, to help determine the facts.

By law, a claimant can be charged for a benefit overpayment if he or she received an amount that was greater than what was due under law, as long as the error causing the overpayment is discovered and brought to the claimant's attention within a year of the receipt of the benefits. Claims examiners make overpayment determinations.

COMMITTEE ACTION

Labor and Public Employees Committee

Joint Favorable