H1852B3094A08845     AJM:BTW  02/14/12     #90        A08845

AMENDMENTS TO HOUSE BILL NO. 1852

Sponsor: REPRESENTATIVE W. KELLER

Printer's No. 3094

Amend Bill, page 7, line 27, by inserting after "amended"

 and subsection (b) is amended by adding a paragraph

Amend Bill, page 8, by inserting between lines 18 and 19

(b)  * * *

(4)  (i)  Any person who has received a nonfault overpayment

under this subsection shall not be required to repay the

benefits nor have the benefits deducted from future compensation

where such recovery would be against the best interests of the

Commonwealth and the employe.

(ii)  The department shall determine whether recoupment of a

nonfault overpayment shall be waived, upon request of the

employe. Factors to be considered shall include, but are not

limited to the following:

(A)  The employe's earning capacity.

(B)  Whether other individuals depend or rely upon the

employe for support and sustenance.

(C)  The employe's employment status at the time of the

request.

(D)  The employe's current family income and reasonable

expenses.

(E)  The existing long-term and short-term debts of the

employe and his family.

(F)  Any extraordinary medical or other expenses of the

employe and his family.

(G)  Whether the employe has received benefits as a windfall,

for example, where a back pay award is received.

(H)  The notice, if any, and the clarity of the notice

provided by the department to the employe regarding the

possibility of a later determination of erroneously paid

benefits.

(I)  A detrimental change of position by the employe in

reliance on the receipt of benefits if the employe has taken any

reasonable action or incurred a necessary financial obligation

in the conduct of his affairs which the employe would not have

taken but for the receipt of benefits.

(J)  Any unusual delay in the determination that the employe

has erroneously received benefits.

(K)  The contribution by the employer or the department to

the erroneous payment of benefits.

(iii)  Employes who receive a nonfault overpayment shall be

notified by the department of the opportunity for a waiver under

this subsection.