House Substitute 1 for House Bill 73
152nd General Assembly (Present)
Becomes effective upon date of signature of the Governor or upon date specified
AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO CIVIL ACTIONS TO RECOVER OVERPAID UNEMPLOYMENT BENEFITS.
This House Substitute No. 1 for House Bill 73 provides a 5-year statute of limitations for the Department of Labor to bring civil actions to recover nonfraud overpayment debts and no period of limitations to recover fraud overpayment debts. This portion of the Substitute will apply to overpayment debts for which the statute of limitations has not yet run, which includes those that accrued less than 3 years prior to the enactment of this Act. This Substitute expressly codifies the current law that there is no deadline for the Department to collect overpayment debts by offset of future benefits, by state Department of Revenue offset or by federal Treasury offset of tax refunds, the last of which is mandated by federal law. Finally, this Substitute creates an overpayment waiver program, effective retroactively to the start of the COVID-19 pandemic, to give the Department authority to waive non-fraud overpayments of traditional unemployment benefits resulting from either Department error or claimants receiving certain low-income public assistance.