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High Impact

Massachusetts limits unemployment overpayment recovery and mandates waivers for non-fault cases

Original title: An Act to correct non-fault unemployment insurance overpayments

Last action · December 18, 2025: Bill reported favorably by committee and referred to the committee on Senate Ways and MeansSponsors: Lydia Edwards and 2 others

Introduced
Committee
Floor Vote
Passed
Law

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What This Bill Would Do

The Massachusetts Department of Unemployment Assistance is required to waive recovery of non-fault unemployment overpayments if repayment would defeat the purpose of benefits or be , while capping benefit deductions at 10 percent and shortening civil action and restitution collection timelines to three years for claimants without fault.

Why it matters

Unemployed individuals who received accidental overpayments through no fault of their own face reduced collection windows, protection from tax refund offsets unless fault is proven, and clearer pathways to have debts waived.

Who It Would Affect

Groups the bill's text would affect if enacted, as described in the record. Being affected is not a position for or against it.

Directly affected

unemployed individuals

Claimants facing overpayments receive expanded waiver protections, capped benefit deductions, and shortened recovery timelines.

Directly affected

Department of Unemployment Assistance

The agency must implement multilingual waiver application assistance, halt collections during pending waivers, and cancel specific uncollected balances.

Key Facts

  • Civil actions to recover overpayments from individuals without fault must be commenced within 3 years instead of 6 years, and benefit deductions are capped at 10 percent of the weekly benefit rate.
  • The department must cancel restitution balances for non-fault overpayments three years after the erroneous payment was made.
  • Recovery of overpayments must be waived if the individual is without fault and repayment would defeat the purpose of benefits or be against equity and good conscience.
  • Criteria for 'against equity and good conscience' include receiving public assistance like SNAP, TAFDC, SSI, or having post-tax income at or below 200 percent of the federal poverty threshold.
Show all 7 facts
  • Other waiver conditions include department delays in issuing eligibility determinations past 21 days or appeals taking over 30 days.
  • The department is barred from undertaking recovery efforts or tax offsets against non-fault claimants until 60 days after notice of waiver rights or while a waiver request is pending.
  • State tax refund and federal tax refund set-offs are restricted only to cases where the department has determined the individual was at fault in a final decision.

Frequently Asked Questions

Who qualifies for an overpayment waiver?
Individuals who received an overpayment through no fault of their own and where recovery would defeat the purpose of benefits or be , such as those enrolled in public assistance programs or earning 200 percent or less of the federal poverty threshold.
Can the department garnish my tax refund for an overpayment?
State and federal tax refunds can only be offset if the department has determined in a final decision that the individual was at fault for the overpayment.

What else do you want to know?

News Coverage

No news coverage found yet. Articles are indexed twice daily.

Where This Stands

Currently in committee. The next step in the legislative lifecycle is Floor Vote.

Procedural history

5 actions
  1. Dec 18, 2025SenateCommittee
    Bill reported favorably by committee and referred to the committee on Senate Ways and Means
  2. Oct 8, 2025Joint
    Hearing rescheduled to 10/08/2025 from 10:00 AM-12:15 PM in B-1 and Virtual<br> <span style="color: blue; font-style: italic;">Hearing updated to New End Time</span>
  3. Sep 25, 2025Joint
    Hearing scheduled for 10/08/2025 from 10:00 AM-5:00 PM in B-1
  4. Feb 27, 2025House
    House concurred
  5. Feb 27, 2025SenateCommittee
    Referred to the committee on Labor and Workforce Development

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

View official text →

Lobbying Activity

No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.

Full breakdown

Who this bill affects and the strongest case for and against it, written only from the bill’s own text.

Sponsors

Connected Entities

Community Services Administration, United States Department of Treasury, Department of Unemployment Assistance
OrganizationCommunity Services Administration“Established poverty thresholds”Map →
OrganizationUnited States Department of Treasury“Involved in the treasury offset program for federal tax refunds”Map →
OrganizationDepartment of Unemployment Assistance“Administers unemployment benefits and overpayment recovery”Map →

Sources

Open source document

malegislature.gov

Analysis Score

0–100
  • Significance75
    How much this matters to a regular citizen
  • Controversy40
    Intensity of disagreement among stakeholders
  • Entertainment5
    Compellingness for a non-policy-wonk reader
  • Buzz30
    Current news / social attention level

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