Unemployment compensation; continuation of benefits; repayment of overpayments. Reinstates provisions of the Code that expired on July 1, 2022, relating to unemployment compensation. The bill provides that when a claimant has had a determination of initial eligibility for unemployment benefits, as determined by the issuance of compensation or waiting-week credit, payments shall continue, subject to a presumption of continued eligibility, until a determination is made that provides the claimant notice and an opportunity to be heard. The bill requires the Virginia Employment Commission to waive the obligation to repay any overpayment if (i) the overpayment was made without fault on the part of the individual receiving benefits and (ii) requiring repayment would be contrary to equity and good conscience. Conditions for when overpayments are considered "without fault on the part of the individual" are outlined in the bill. The bill further provides that the Commission shall notify each person with an unpaid overpayment of benefits that he may be entitled to a waiver of repayment and provide 30 days to request such a waiver. This applies to outstanding overpayments established for claim weeks commencing on or after March 15, 2020. Finally, the bill adds overpayments that the Commission has waived the requirement to repay to the list of situations where specific employers are not responsible for benefit charges. The bill has an expiration date of July 1, 2028. This bill is identical to SB 536.

Statutes affected:
House: Committee substitute printed 24105925D-H1: 60.2-528, 60.2-612.1, 60.2-619, 60.2-633
House: Printed as engrossed 24105925D-EH1: 60.2-528, 60.2-612.1, 60.2-619, 60.2-633
Senate: Committee substitute printed 24108272D-S1: 60.2-528, 60.2-612.1, 60.2-619, 60.2-633
Senate: Committee substitute printed 24108363D-S2: 60.2-528, 60.2-612.1, 60.2-619, 60.2-633
House: Bill text as passed House and Senate (HB1261ER): 60.2-528, 60.2-612.1, 60.2-619, 60.2-633
Governor: Acts of Assembly Chapter text (CHAP0746): 60.2-528, 60.2-612.1, 60.2-619, 60.2-633