Originally Posted by Ariadne22
What benefits would the claimant be entitled to after the determination of overpayment that could be 'reduced'? Does this allow NJ unemployment to deduct from any future unemployment claim the overpayment from the disputed claim?
That's not fair, it doesn't seem to me - if the employers are playing games to the point the claimant has been collecting for a year only to find they have to repay - if not immediately - at some point in the future when they again claim benefits. Am I understanding this correctly?
If so, sounds me the only benefit to the employee from this legislation is they don't have to repay the benefits now. Sort of like deducting tax liabilities and unpaid student loans from future Social Security benefits.
No. The scenario for this bill would be: you file for unemployment; you get approved for benefits, and you start collecting. At a later date, the ex-employer comes back and says, "Hey, we just discovered this information that proves that this person shouldn't have been paid UI or shouldn't have been paid as much UI."
Before this bill, if NJ UI reviewed the new data and changed its determination to say you should have gotten lower benefits or no benefits, you were required to repay all the overpayment.
This bill says that now you can't be held accountable for that overpayment. So you keep all the benefits paid to you before the new determination.
If the new determination is that you should get lower benefits, the lower payment kicks in after the new determination. If it is determined that you never should have gotten benefits, your payments simply stop. But there is no going back ever to try to retrieve those funds already paid to you because of the delay of your ex-employer.