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AB78 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                          78

                              2015-2016 Regular Sessions

                                 I N  A S S E M B L Y

                                      (PREFILED)

                                    January 7, 2015
                                      ___________

       Introduced  by  M.  of  A.  SIMANOWITZ  -- read once and referred to the
         Committee on Labor

       AN ACT to amend the labor law, in relation to unemployment benefits  for
         part-time  workers;  and to repeal certain provisions of the labor law
         relating thereto

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1. Section 522 of the labor law, as amended by chapter 720 of
    2  the laws of 1953, is amended to read as follows:
    3    S 522. Total unemployment AND PARTIAL UNEMPLOYMENT.  "Total  unemploy-
    4  ment"  means  the  total  lack of any employment [on any day] DURING ANY
    5  WEEK. "PARTIAL UNEMPLOYMENT" MEANS ANY EMPLOYMENT DURING ANY  WEEK  THAT
    6  IS  LESS  THAN  FULL-TIME EMPLOYMENT SO LONG AS THE COMPENSATION PAID IS
    7  LESS THAN THE CLAIMANT'S WEEKLY BENEFIT RATE.  The term "employment"  as
    8  used  in this section means any employment including that not defined in
    9  this title.
   10    S 2. Section 523 of the labor law is REPEALED and a new section 523 is
   11  added to read as follows:
   12    S 523. EFFECTIVE WEEK. "EFFECTIVE WEEK" MEANS (A) A WEEK DURING  WHICH
   13  A  CLAIMANT  PERFORMS NO SERVICES FOR WHICH THE CLAIMANT IS PAID COMPEN-
   14  SATION, OR (B) A WEEK DURING WHICH A CLAIMANT  PERFORMS  SERVICES  ON  A
   15  PART-TIME BASIS FOR WHICH THE CLAIMANT IS PAID COMPENSATION THAT IS LESS
   16  THAN THE CLAIMANT'S WEEKLY BENEFIT RATE.
   17    S  3.  Subdivision  4  of  section 527 of the labor law, as amended by
   18  chapter 832 of the laws of 1968 and as renumbered by chapter 381 of  the
   19  laws of 1984, is amended to read as follows:
   20    4.  General  condition.  A valid original claim may be filed only in a
   21  week [in which the claimant has at least one effective day of  unemploy-
   22  ment] THAT QUALIFIES AS AN EFFECTIVE WEEK OF UNEMPLOYMENT FOR THE CLAIM-
   23  ANT.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00501-01-5
       A. 78                               2

    1    S  4.  Subparagraph 2 of paragraph (e) of subdivision 1 of section 581
    2  of the labor law, as amended by chapter 282 of  the  laws  of  2002  and
    3  clause  (v)  as  added by chapter 106 of the laws of 2007, is amended to
    4  read as follows:
    5    (2)  Benefits  payable  to any claimant with respect to the claimant's
    6  then current benefit year shall be charged, when paid, to the account of
    7  the last employer prior to the filing of a valid original  claim  in  an
    8  amount  equal  to  seven  times the claimant's benefit rate. Thereafter,
    9  such charges shall be made to the account of each employer in  the  base
   10  period used to establish the valid original claim in the same proportion
   11  that  the remuneration paid by each employer to the claimant during that
   12  base period bears to the remuneration  paid  by  all  employers  to  the
   13  claimant during that base period except as provided below:
   14    (i)  In  those instances where the claimant may not utilize wages paid
   15  to establish entitlement based upon  subdivision  ten  of  section  five
   16  hundred  ninety  of  this  article and an educational institution is the
   17  claimant's last employer prior to the filing of the claim for  benefits,
   18  or  the  claimant  performed services in such educational institution in
   19  such capacity while employed by an educational service agency  which  is
   20  the  claimant's last employer prior to the filing of the claim for bene-
   21  fits, such employer shall not be liable  for  benefit  charges  for  the
   22  first  [twenty-eight  effective  days] SEVEN EFFECTIVE WEEKS of benefits
   23  paid as otherwise provided by this section.  Under  such  circumstances,
   24  benefits  paid  shall  be  charged  to the general account. In addition,
   25  wages paid during the base period by such educational  institutions,  or
   26  for  services in such educational institutions for claimants employed by
   27  an educational service agency shall not be considered base period  wages
   28  during  periods  that  such wages may not be used to gain entitlement to
   29  benefits pursuant to subdivision ten of section five hundred  ninety  of
   30  this article.
   31    (ii)  In those instances where the claimant may not utilize wages paid
   32  to establish entitlement based upon subdivision eleven of  section  five
   33  hundred  ninety  of  this  article and an educational institution is the
   34  claimant's last employer prior to the filing of the claim for  benefits,
   35  or  the  claimant  performed services in such educational institution in
   36  such capacity while employed by an educational service agency  which  is
   37  the  claimant's last employer prior to the filing of the claim for bene-
   38  fits, such employer shall not be liable  for  benefit  charges  for  the
   39  first  [twenty-eight  effective  days] SEVEN EFFECTIVE WEEKS of benefits
   40  paid as otherwise provided by this section.  Under  such  circumstances,
   41  benefits paid will be charged to the general account. In addition, wages
   42  paid  during  the  base  period by such educational institutions, or for
   43  services in such educational institutions for claimants employed  by  an
   44  educational  service  agency  shall  not be considered base period wages
   45  during periods that such wages may not be used to  gain  entitlement  to
   46  benefits  pursuant  to subdivision eleven of section five hundred ninety
   47  of this article. However, in those instances where a  claimant  was  not
   48  afforded an opportunity to perform services for the educational institu-
   49  tion  for  the next academic year or term after reasonable assurance was
   50  provided, such employer shall be liable for benefit charges as  provided
   51  for in this paragraph for any retroactive payments made to the claimant.
   52    (iii)  In  those  instances where the federal government is the claim-
   53  ant's last employer prior to the filing of the claim  for  benefits  and
   54  such employer is not a base-period employer, payments equaling the first
   55  [twenty-eight  effective  days]  SEVEN  EFFECTIVE  WEEKS  of benefits as
   56  otherwise prescribed by this section shall be  charged  to  the  general
       A. 78                               3

    1  account.  In  those instances where the federal government is the claim-
    2  ant's last employer prior to the filing of the claim for benefits and  a
    3  base-period  employer, such employer shall be liable for charges for all
    4  benefits paid on such claim in the same proportion that the remuneration
    5  paid  by  such employer during the base period bears to the remuneration
    6  paid by all employers during  the  base  period.  In  addition,  benefit
    7  payment charges for the first [twenty-eight effective days] SEVEN EFFEC-
    8  TIVE  WEEKS  of  benefits  other  than  those  chargeable to the federal
    9  government as prescribed above shall be made to the general account.
   10    (iv) In those instances where a combined wage claim is filed  pursuant
   11  to  interstate  reciprocal  agreements  and the claimant's last employer
   12  prior to the filing of the claim is an out-of-state  employer  and  such
   13  employer  is  not  a base-period employer, benefit payments equaling the
   14  first [twenty-eight effective days] SEVEN EFFECTIVE WEEKS of benefits as
   15  otherwise prescribed by this section shall be  charged  to  the  general
   16  account.  In those instances where the out-of-state employer is the last
   17  employer prior to the filing of the claim for benefits and a base-period
   18  employer such employer shall be liable for charges for all benefits paid
   19  on such claim in the same proportion that the remuneration paid by  such
   20  employer  during  the  base period bears to the remuneration paid by all
   21  employers during the base period. In addition, benefit  payment  charges
   22  for  the [twenty-eight effective days] SEVEN EFFECTIVE WEEKS of benefits
   23  other than those chargeable to the out-of-state employer  as  prescribed
   24  above shall be made to the general account.
   25    (v)  In those instances where the last employer prior to the filing of
   26  a valid original claim has  paid  total  remuneration  to  the  claimant
   27  during  the  period  from the start of the base period used to establish
   28  the benefit claim until the date of the claimant's filing of  the  valid
   29  original  claim  in an amount less than or equal to six times the claim-
   30  ant's benefit rate and the last employer has substantiated  such  amount
   31  to  the  satisfaction of the commissioner within ten days of the commis-
   32  sioner's original notice of potential charges to  such  last  employer's
   33  account,  benefits  shall be charged as follows: benefits payable to the
   34  claimant with respect to the claimant's then current benefit year  shall
   35  be charged, when paid, to the account of such last employer prior to the
   36  filing  of a valid original claim in an amount equal to the lowest whole
   37  number (one, two, three, four, five, or six) times the claimant's  bene-
   38  fit  rate where the product of such lowest whole number times the claim-
   39  ant's benefit rate is equal to or greater than such  total  remuneration
   40  paid  by  such  last employer to the claimant.  Thereafter, such charges
   41  shall be made to the account of each employer in the base period used to
   42  establish the valid original claim  in  the  same  proportion  that  the
   43  remuneration  paid  by  each  employer  to the claimant during that base
   44  period bears to the remuneration paid by all employers to  the  claimant
   45  during  that  base  period.  Notice  of  such recalculation of potential
   46  charges shall be given to the last employer and  each  employer  of  the
   47  claimant in the base period used to establish the valid original claim.
   48    S 5. Subdivisions 1, 3, 4, paragraph (a) of subdivision 5 and subdivi-
   49  sions  6  and 7 of section 590 of the labor law, subdivisions 1 and 3 as
   50  amended by chapter 645 of the laws of 1951, subdivision 4 as amended  by
   51  chapter  457  of  the  laws  of  1987, paragraph (a) of subdivision 5 as
   52  amended by section 8 of part O of chapter 57 of the laws of 2013, subdi-
   53  vision 6 as added by chapter 720 of the laws of 1953 and  as  renumbered
   54  by chapter 675 of the laws of 1977 and subdivision 7 as amended by chap-
   55  ter 415 of the laws of 1983, are amended to read as follows:
       A. 78                               4

    1    1. Entitlement to benefits. A claimant shall be entitled to accumulate
    2  effective  [days] WEEKS for the purpose of benefit rights only if he has
    3  complied with the provisions of this article regarding the filing of his
    4  claim, including the filing of a valid  original  claim,  registered  as
    5  totally  OR PARTIALLY unemployed, reported his subsequent employment and
    6  unemployment, and reported for work or otherwise  given  notice  of  the
    7  continuance of his unemployment.
    8    3.  Compensable periods. Benefits shall be paid for each [accumulation
    9  of] effective [days within a] week.
   10    4. Duration. Benefits shall not be paid for more than [one hundred and
   11  four effective days] TWENTY-SIX EFFECTIVE WEEKS  in  any  benefit  year,
   12  except  as  provided  in  section six hundred one and subdivision two of
   13  section five hundred ninety-nine of this chapter.
   14    (a) A claimant's weekly benefit amount shall be  one  twenty-sixth  of
   15  the  remuneration  paid  during the highest calendar quarter of the base
   16  period by employers, liable for contributions or  payments  in  lieu  of
   17  contributions under this article, provided the claimant has remuneration
   18  paid  in  all  four  calendar  quarters during his or her base period or
   19  alternate base period. However, for any claimant  who  has  remuneration
   20  paid  in  all  four  calendar  quarters during his or her base period or
   21  alternate base period  and  whose  high  calendar  quarter  remuneration
   22  during  the  base  period  is  three  thousand five hundred seventy-five
   23  dollars or less, the benefit amount shall be  one  twenty-fifth  of  the
   24  remuneration paid during the highest calendar quarter of the base period
   25  by  employers  liable  for contributions or payments in lieu of contrib-
   26  utions under this article. A claimant's  weekly  benefit  shall  be  one
   27  twenty-sixth  of  the average remuneration paid in the two highest quar-
   28  ters paid during the base period or alternate base period  by  employers
   29  liable for contributions or payments in lieu of contributions under this
   30  article when the claimant has remuneration paid in two or three calendar
   31  quarters  provided  however, that a claimant whose high calendar quarter
   32  is four thousand dollars or less but greater than  three  thousand  five
   33  hundred  seventy-five  dollars shall have a weekly benefit amount of one
   34  twenty-sixth of such high calendar quarter. ANY CLAIMANT WHO IS PARTIAL-
   35  LY UNEMPLOYED WITH RESPECT TO ANY EFFECTIVE WEEK  SHALL  BE  PAID,  WITH
   36  RESPECT  TO  SUCH  EFFECTIVE  WEEK, A BENEFIT AMOUNT EQUAL TO HIS OR HER
   37  WEEKLY BENEFIT AMOUNT LESS THE TOTAL OF THE REMUNERATION, IF  ANY,  PAID
   38  OR  PAYABLE  TO  HIM  OR  HER  WITH  RESPECT  TO  SUCH WEEK FOR SERVICES
   39  PERFORMED. However, for any claimant who has remuneration paid in two or
   40  three calendar quarters during his or her base period or alternate  base
   41  period  and  whose  high  calendar  quarter remuneration during the base
   42  period is three thousand five hundred seventy-five dollars or less,  the
   43  benefit amount shall be one twenty-fifth of the remuneration paid during
   44  the  highest calendar quarter of the base period by employers liable for
   45  contributions or payments in lieu of contributions under  this  article.
   46  Any  claimant  whose  high calendar quarter remuneration during the base
   47  period is more than three thousand  five  hundred  seventy-five  dollars
   48  shall not have a weekly benefit amount less than one hundred forty-three
   49  dollars.  The weekly benefit amount, so computed, that is not a multiple
   50  of one dollar shall be lowered to the next multiple of  one  dollar.  On
   51  the  first Monday of September, nineteen hundred ninety-eight the weekly
   52  benefit amount shall not exceed three hundred sixty-five dollars nor  be
   53  less  than forty dollars, until the first Monday of September, two thou-
   54  sand, at which time the maximum benefit payable pursuant to this  subdi-
   55  vision shall equal one-half of the state average weekly wage for covered
   56  employment  as  calculated  by the department no sooner than July first,
       A. 78                               5

    1  two thousand and no later than August first, two thousand, rounded  down
    2  to  the  lowest  dollar.  On  and after the first Monday of October, two
    3  thousand fourteen, the weekly benefit shall not be less than one hundred
    4  dollars, nor shall it exceed four hundred twenty dollars until the first
    5  Monday  of October, two thousand fifteen when the maximum benefit amount
    6  shall be four hundred twenty-five dollars, until  the  first  Monday  of
    7  October,  two  thousand sixteen when the maximum benefit amount shall be
    8  four hundred thirty dollars, until the  first  Monday  of  October,  two
    9  thousand seventeen when the maximum benefit amount shall be four hundred
   10  thirty-five  dollars,  until  the  first Monday of October, two thousand
   11  eighteen when the maximum benefit amount shall  be  four  hundred  fifty
   12  dollars,  until  the first Monday of October, two thousand nineteen when
   13  the maximum benefit amount shall be thirty-six percent  of  the  average
   14  weekly  wage until the first Monday of October, two thousand twenty when
   15  the maximum benefit amount shall be thirty-eight percent of the  average
   16  weekly  wage, until the first Monday of October, two thousand twenty-one
   17  when the maximum benefit amount shall be forty percent  of  the  average
   18  weekly  wage, until the first Monday of October, two thousand twenty-two
   19  when the maximum benefit amount shall be forty-two percent of the  aver-
   20  age  weekly  wage, until the first Monday of October, two thousand twen-
   21  ty-three when the maximum benefit amount shall be forty-four percent  of
   22  the average weekly wage, until the first Monday of October, two thousand
   23  twenty-four  when  the maximum benefit amount shall be forty-six percent
   24  of the average weekly wage, until the first Monday of October, two thou-
   25  sand twenty-five when the maximum benefit amount  shall  be  forty-eight
   26  percent  of  the average weekly wage, until the first Monday of October,
   27  two thousand twenty-six and each year thereafter on the first Monday  of
   28  October  when  the  maximum benefit amount shall be fifty percent of the
   29  average weekly wage provided, however, that in no event shall the  maxi-
   30  mum benefit amount be reduced from the previous year.
   31    6.  Notification requirement. No effective [day] WEEK shall be counted
   32  for any purposes except effective [days] WEEKS as to which  notification
   33  has been given in a manner prescribed by the commissioner.
   34    7.  Waiting  period.  A  claimant  shall not be entitled to accumulate
   35  effective [days] WEEKS for the purpose of benefit payments until he  has
   36  accumulated a waiting period of [four effective days either wholly with-
   37  in  the  week in which he established his valid original claim or partly
   38  within such week and partly within his benefit year  initiated  by  such
   39  claim] ONE EFFECTIVE WEEK.
   40    S  6.  Subdivision  1  of  section 591 of the labor law, as amended by
   41  chapter 413 of the laws of 2003, is amended to read as follows:
   42    1. Unemployment. Benefits, except as provided in section five  hundred
   43  ninety-one-a  of  this  title,  shall  be paid only to a claimant who is
   44  totally unemployed OR PARTIALLY UNEMPLOYED and who is unable  to  engage
   45  in  his  usual  employment  or  in  any other for which he is reasonably
   46  fitted by training and experience. A claimant who is receiving  benefits
   47  under  this  article  shall not be denied such benefits pursuant to this
   48  subdivision or to subdivision two of this section because of such claim-
   49  ant's service on a grand or petit jury of any state  or  of  the  United
   50  States.
   51    S  7.  Subdivision  1  of  section 591 of the labor law, as amended by
   52  chapter 446 of the laws of 1981, is amended to read as follows:
   53    1. Unemployment. Benefits shall be paid only  to  a  claimant  who  is
   54  totally  unemployed  OR PARTIALLY UNEMPLOYED and who is unable to engage
   55  in his usual employment or in any  other  for  which  he  is  reasonably
   56  fitted  by training and experience. A claimant who is receiving benefits
       A. 78                               6

    1  under this article shall not be denied such benefits  pursuant  to  this
    2  subdivision or to subdivision two of this section because of such claim-
    3  ant's  service  on  a  grand or petit jury of any state or of the United
    4  States.
    5    S  8.  Subparagraph  (i)  of paragraph (b) of subdivision 2 of section
    6  591-a of the labor law, as amended by section 14 of part O of chapter 57
    7  of the laws of 2013, is amended to read as follows:
    8    (i) requirements relating to total unemployment AND PARTIAL  UNEMPLOY-
    9  MENT,  as  defined  in  section five hundred twenty-two of this article,
   10  availability for work and search for work, as set forth  in  subdivision
   11  two  of  section  five  hundred  ninety-one of this title and refusal to
   12  accept work, as set forth in subdivision two  of  section  five  hundred
   13  ninety-three of this title, are not applicable to such individuals;
   14    S  9.  Subdivision  2  of  section 592 of the labor law, as amended by
   15  chapter 415 of the laws of 1983, is amended to read as follows:
   16    2. Concurrent payments prohibited. No [days] WEEKS of total  unemploy-
   17  ment  OR  PARTIAL UNEMPLOYMENT shall be deemed to occur in any week with
   18  respect to which [or a part of which] a  claimant  has  received  or  is
   19  seeking  unemployment benefits under an unemployment compensation law of
   20  any other state or of the United States, provided  that  this  provision
   21  shall  not apply if the appropriate agency of such other state or of the
   22  United States finally determines that he is not entitled to  such  unem-
   23  ployment benefits.
   24    S  10. Paragraph (a) of subdivision 1 of section 593 of the labor law,
   25  as amended by section 15 of part O of chapter 57 of the laws of 2013, is
   26  amended to read as follows:
   27    (a) No [days] WEEKS of  total  unemployment  OR  PARTIAL  UNEMPLOYMENT
   28  shall be deemed to occur after a claimant's voluntary separation without
   29  good  cause  from  employment until he or she has subsequently worked in
   30  employment and earned remuneration at least equal to ten  times  his  or
   31  her  weekly benefit rate. In addition to other circumstances that may be
   32  found to constitute good cause, including a compelling family reason  as
   33  set  forth  in  paragraph  (b) of this subdivision, voluntary separation
   34  from employment shall not in itself disqualify  a  claimant  if  circum-
   35  stances  have developed in the course of such employment that would have
   36  justified the claimant in refusing such employment in the first instance
   37  under the terms of subdivision two of this section or if  the  claimant,
   38  pursuant  to  an option provided under a collective bargaining agreement
   39  or written employer plan which permits waiver of his  or  her  right  to
   40  retain  the  employment when there is a temporary layoff because of lack
   41  of work, has elected to be separated for  a  temporary  period  and  the
   42  employer has consented thereto.
   43    S  11.  The  opening  paragraph  and paragraph (a) of subdivision 2 of
   44  section 593 of the labor  law,  the  opening  paragraph  as  amended  by
   45  section 15 of part O of chapter 57 of the laws of 2013, paragraph (a) as
   46  added by chapter 589 of the laws of 1998, is amended to read as follows:
   47    No [days] WEEKS of total unemployment OR PARTIAL UNEMPLOYMENT shall be
   48  deemed  to  occur  beginning with the [day on] WEEK IN which a claimant,
   49  without good cause, refuses to accept an offer of employment  for  which
   50  he  or  she  is  reasonably fitted by training and experience, including
   51  employment not subject to this article, until he or she has subsequently
   52  worked in employment and earned remuneration at least equal to ten times
   53  his or her weekly benefit  rate.  Except  that  claimants  who  are  not
   54  subject to a recall date or who do not obtain employment through a union
   55  hiring  hall  and  who are still unemployed after receiving ten weeks of
   56  benefits shall be required to accept any employment proffered that  such
       A. 78                               7

    1  claimants are capable of performing, provided that such employment would
    2  result  in  a  wage not less than eighty percent of such claimant's high
    3  calendar quarter wages received in the base period and not substantially
    4  less  than  the  prevailing  wage  for  similar  work in the locality as
    5  provided for in paragraph (d) of this subdivision. No refusal to  accept
    6  employment  shall  be  deemed without good cause nor shall it disqualify
    7  any claimant otherwise eligible to receive benefits if:
    8    (a) a refusal to accept employment which would interfere with a claim-
    9  ant's right to join or retain membership in any  labor  organization  or
   10  otherwise interfere with or violate the terms of a collective bargaining
   11  agreement shall be with good cause; OR
   12    S  12.  Subdivisions 3 and 4 of section 593 of the labor law, subdivi-
   13  sion 3 as amended by section 15 of part O of chapter 57 of the  laws  of
   14  2013,  subdivision  4 as amended by chapter 589 of the laws of 1998, are
   15  amended to read as follows:
   16    3. Misconduct. No [days] WEEKS of total unemployment OR PARTIAL  UNEM-
   17  PLOYMENT  shall  be  deemed  to  occur  after a claimant lost employment
   18  through misconduct in connection with his or her employment until he  or
   19  she  has  subsequently  worked  in employment and earned remuneration at
   20  least equal to ten times his or her weekly benefit rate.
   21    4. Criminal acts. No [days] WEEKS of  total  unemployment  OR  PARTIAL
   22  UNEMPLOYMENT  shall  be deemed to occur during a period of twelve months
   23  after a claimant loses employment as a result of an act  constituting  a
   24  felony in connection with such employment, provided the claimant is duly
   25  convicted thereof or has signed a statement admitting that he or she has
   26  committed  such an act.  Determinations regarding a benefit claim may be
   27  reviewed at any time.  Any benefits paid to a claimant prior to a deter-
   28  mination that the claimant has lost employment as a result of  such  act
   29  shall  not  be  considered to have been accepted by the claimant in good
   30  faith. In addition, remuneration paid to the claimant  by  the  affected
   31  employer prior to the claimant's loss of employment due to such criminal
   32  act may not be utilized for the purpose of establishing entitlement to a
   33  subsequent,  valid  original  claim.  The provisions of this subdivision
   34  shall apply even if the employment lost as a result of such act  is  not
   35  the claimant's last employment prior to the filing of his or her claim.
   36    S 13. Section 594 of the labor law, as amended by section 16 of part O
   37  of chapter 57 of the laws of 2013, is amended to read as follows:
   38    S  594.  Reduction  and  recovery of benefits and penalties for wilful
   39  false statement. (1) A claimant who has wilfully made a false  statement
   40  or  representation  to  obtain  any benefit under the provisions of this
   41  article shall forfeit benefits for at least the first [four] ONE but not
   42  more than the first [eighty] TWENTY  effective  [days]  WEEKS  following
   43  discovery  of such offense for which he or she otherwise would have been
   44  entitled to receive benefits. Such penalty shall apply  only  once  with
   45  respect to each such offense.
   46    (2) For the purpose of subdivision four of section five hundred ninety
   47  of  this article, the claimant shall be deemed to have received benefits
   48  for such forfeited effective [days] WEEKS.
   49    (3) The penalty provided in this section shall not be  confined  to  a
   50  single  benefit year but shall no longer apply in whole or in part after
   51  the expiration of two years from the date of  the  final  determination.
   52  Such  two-year  period shall be tolled during the time period a claimant
   53  has an appeal pending.
   54    (4) A claimant shall refund all moneys received because of such  false
   55  statement  or  representation and pay a civil penalty in an amount equal
   56  to the greater of one hundred dollars or fifteen percent  of  the  total
       A. 78                               8

    1  overpaid  benefits  determined  pursuant  to this section. The penalties
    2  collected hereunder shall  be  deposited  in  the  fund.  The  penalties
    3  assessed  under  this  subdivision  shall  apply and be assessed for any
    4  benefits  paid  under  federal  unemployment  and  extended unemployment
    5  programs administered by the department in the same manner  as  provided
    6  in  this  article. The penalties in this section shall be in addition to
    7  any penalties imposed under this chapter or any state or federal  crimi-
    8  nal  statute. No penalties or interest assessed pursuant to this section
    9  may be deducted or withheld from benefits.
   10    (5) (a) Upon a determination based upon a willful false  statement  or
   11  representation  becoming  final  through  exhaustion of appeal rights or
   12  failure to exhaust hearing rights,  the  commissioner  may  recover  the
   13  amount  found  to be due by commencing a civil action, or by filing with
   14  the county clerk of the county where  the  claimant  resides  the  final
   15  determination  of  the commissioner or the final decision by an adminis-
   16  trative law judge, the appeal board, or a court  containing  the  amount
   17  found  to  be due including interest and civil penalty. The commissioner
   18  may only make such a filing with the county clerk when:
   19    (i) The claimant has responded to requests for information prior to  a
   20  determination and such requests for information notified the claimant of
   21  his  or  her  rights  to  a fair hearing as well as the potential conse-
   22  quences of an investigation and final determination under  this  section
   23  including  the notice required by subparagraph (iii) of paragraph (b) of
   24  this subdivision. Additionally if the claimant requested a fair  hearing
   25  or  appeal  subsequent to a determination, that the claimant was present
   26  either in person or through electronic means at such hearing, or  subse-
   27  quent appeal from which a final determination was rendered;
   28    (ii) The commissioner has made efforts to collect on such final deter-
   29  mination; and
   30    (iii) The commissioner has sent a notice, in accordance with paragraph
   31  (b) of this subdivision, of intent to docket such final determination by
   32  first  class or certified mail, return receipt requested, ten days prior
   33  to the docketing of such determination.
   34    (b) The notice required in subparagraph (iii) of paragraph (a) of this
   35  subdivision shall include the following:
   36    (i) That the commissioner intends  to  docket  a  final  determination
   37  against such claimant as a judgment;
   38    (ii) The total amount to be docketed; and
   39    (iii)  Conspicuous  language  that  reads as follows: "Once entered, a
   40  judgment is good and can be used against you for twenty years, and  your
   41  money,  including a portion of your paycheck and/or bank account, may be
   42  taken. Also, a judgment will hurt your credit score and can affect  your
   43  ability to rent a home, find a job, or take out a loan."
   44    S  14.  Subdivisions 1 and 4 of section 596 of the labor law, subdivi-
   45  sion 1 as amended by chapter 204 of the laws of 1982 and  subdivision  4
   46  as  added by chapter 705 of the laws of 1944, such section as renumbered
   47  by chapter 663 of the laws of 1946, and subdivision 4 as  renumbered  by
   48  section  148-a of part B of chapter 436 of the laws of 1997, are amended
   49  to read as follows:
   50    1. Claim filing and certification to unemployment.  A  claimant  shall
   51  file  a  claim for benefits at the local state employment office serving
   52  the area in which he was last employed or in  which  he  resides  within
   53  such  time  and  in  such manner as the commissioner shall prescribe. He
   54  shall disclose whether he owes child support obligations,  as  hereafter
   55  defined.  If a claimant making such disclosure is eligible for benefits,
       A. 78                               9

    1  the commissioner shall notify the state or local child support  enforce-
    2  ment agency, as hereafter defined, that the claimant is eligible.
    3    A  claimant  shall correctly report any [days] WEEKS of employment and
    4  any compensation he received for such employment, including  employments
    5  not subject to this article, and the [days on] WEEKS DURING which he was
    6  totally  unemployed  OR PARTIALLY UNEMPLOYED and shall make such reports
    7  in accordance with such regulations as the commissioner shall prescribe.
    8    4. Registration and reporting for work. A claimant shall  register  as
    9  totally  unemployed  OR PARTIALLY UNEMPLOYED at a local state employment
   10  office serving the area in which he was last employed  or  in  which  he
   11  resides  in  accordance  with such regulations as the commissioner shall
   12  prescribe. After so registering, such claimant shall report for work  at
   13  the  same  local state employment office or otherwise give notice of the
   14  continuance of his unemployment as often  and  in  such  manner  as  the
   15  commissioner shall prescribe.
   16    S  15. Paragraph (a) of subdivision 2 of section 599 of the labor law,
   17  as amended by chapter 593 of the laws of 1991, is  amended  to  read  as
   18  follows:
   19    (a)  Notwithstanding  any  other provision of this chapter, a claimant
   20  attending an approved training course or program under this section  may
   21  receive  additional  benefits  of  up  to  [one hundred four] TWENTY-SIX
   22  effective [days] WEEKS  following  exhaustion  of  regular  and,  if  in
   23  effect,  any other extended benefits, provided that entitlement to a new
   24  benefit claim cannot be established. Certification of  continued  satis-
   25  factory  participation  and  progress in such training course or program
   26  must be submitted to the commissioner prior to the payment of  any  such
   27  benefits.  The  duration  of  such  additional benefits shall in no case
   28  exceed twice the number of effective [days] WEEKS of regular benefits to
   29  which the claimant is entitled at the time the claimant is accepted  in,
   30  or demonstrates application for appropriate training.
   31    S  16.  Subdivisions  2,  3  and 4 of section 601 of the labor law, as
   32  amended by chapter 35 of the laws of 2009, paragraph (d) of  subdivision
   33  2  as  amended by section 3 of part Z of chapter 57 of the laws of 2013,
   34  are amended to read as follows:
   35    2. Eligibility conditions. Extended benefits shall  be  payable  to  a
   36  claimant  for  effective  [days] WEEKS occurring [in any week] within an
   37  eligibility period, provided the claimant
   38    (a) has exhausted his or her rights to  regular  benefits  under  this
   39  article  in  his or her current benefit year or, his or her benefit year
   40  having expired prior to such week, he or she does not have the  required
   41  weeks  of employment or earnings to establish a new benefit year, and he
   42  or she has no rights to benefits under the unemployment insurance law of
   43  any other state;
   44    (b) has no rights to unemployment benefits  or  allowances  under  the
   45  railroad unemployment insurance act, the trade expansion act of nineteen
   46  hundred sixty-two, the automotive products trade act of nineteen hundred
   47  sixty-five,  or  such other federal laws as are specified in regulations
   48  issued by the secretary of labor of the United States;
   49    (c) has not received and is not seeking  unemployment  benefits  under
   50  the  unemployment  compensation  law  of the Virgin Islands or of Canada
   51  unless, if he or she is seeking such benefits,  the  appropriate  agency
   52  finally determines that he or she is not entitled to benefits under such
   53  law;
   54    (d) has satisfied the conditions of this article, required to render a
   55  claimant eligible for regular benefits, which are applicable to extended
   56  benefits,  including  not being subject to a disqualification or suspen-
       A. 78                              10

    1  sion, or has satisfied the conditions of this article required to render
    2  a claimant eligible to participate  in  the  self-employment  assistance
    3  program  pursuant to section five hundred ninety-one-a of this title and
    4  the Federal-State Extended Unemployment Compensation Act of 1970;
    5    (e)  is  not  claiming  benefits pursuant to an interstate claim filed
    6  under the interstate benefit payment plan in a state where  an  extended
    7  benefit  period  is  not in effect, except that this condition shall not
    8  apply with respect to the first [eight] THIRTEEN effective [days]  WEEKS
    9  for  which  extended  benefits shall otherwise be payable pursuant to an
   10  interstate claim filed under the interstate benefit payment plan; and
   11    (f) in his or her base period has remuneration  of  one  and  one-half
   12  times the high calendar quarter earnings in accordance with section five
   13  hundred twenty-seven of this article.
   14    3.  Extended  benefit  amounts;  rate  and duration. Extended benefits
   15  shall be paid to a claimant
   16    (a) at a rate equal to his or her rate for regular benefits during his
   17  or her applicable benefit year but
   18    (b) for not more than [fifty-two] THIRTEEN effective [days] WEEKS with
   19  respect to his or her applicable benefit  year,  with  a  total  maximum
   20  amount  equal  to fifty percentum of the total maximum amount of regular
   21  benefits payable in such benefit year, and
   22    (c) if a claimant's benefit year ends within an extended benefit peri-
   23  od, the remaining balance of extended benefits to which he or she  would
   24  be  entitled, if any, shall be reduced by the number of effective [days]
   25  WEEKS for which he or she was entitled  to  receive  trade  readjustment
   26  allowances  under the federal trade act of nineteen hundred seventy-four
   27  during such benefit year, and
   28    (d) for periods of high unemployment for not more than  eighty  effec-
   29  tive days with respect to the applicable benefit year with a total maxi-
   30  mum  amount equal to eighty percent of the total maximum amount of regu-
   31  lar benefits payable in such benefit year.
   32    4. Charging of extended benefits. The provisions of paragraph  (e)  of
   33  subdivision one of section five hundred eighty-one of this article shall
   34  apply  to  benefits paid pursuant to the provisions of this section, and
   35  if they were paid for effective [days occurring in] weeks following  the
   36  end  of  a  benefit year, they shall be deemed paid with respect to that
   37  benefit year. However, except for governmental entities  as  defined  in
   38  section  five hundred sixty-five and Indian tribes as defined in section
   39  five hundred sixty-six of this article, only one-half of the  amount  of
   40  such  benefits shall be debited to the employers' account; the remainder
   41  thereof shall be debited to the general account, and such account  shall
   42  be credited with the amount of payments received in the fund pursuant to
   43  the  provisions  of the federal-state extended unemployment compensation
   44  act. Notwithstanding the foregoing,  where  the  state  has  entered  an
   45  extended  benefit period triggered pursuant to subparagraph one of para-
   46  graph (a) of subdivision one of  this  section  for  which  federal  law
   47  provides  for  one hundred percent federal sharing of the costs of bene-
   48  fits, all charges shall be debited  to  the  general  account  and  such
   49  account  shall  be  credited with the amount of payments received in the
   50  fund pursuant to the provisions of the federal-state extended  unemploy-
   51  ment  compensation  act  or  other federal law providing for one hundred
   52  percent federal sharing for the cost of such benefits.
   53    S 17. Paragraphs (b) and (e) of subdivision 5 of section  601  of  the
   54  labor  law, as amended by chapter 35 of the laws of 2009, are amended to
   55  read as follows:
       A. 78                              11

    1    (b) No [days] WEEKS of  total  unemployment  OR  PARTIAL  UNEMPLOYMENT
    2  shall  be  deemed  to  occur  [in any week] within an eligibility period
    3  during which a claimant fails to accept any offer of  suitable  work  or
    4  fails  to apply for suitable work to which he or she was referred by the
    5  commissioner, who shall make such referral if such work is available, or
    6  during  which  he  or  she  fails  to engage actively in seeking work by
    7  making a systematic and sustained effort to obtain  work  and  providing
    8  tangible  evidence  of  such  effort,  and until he or she has worked in
    9  employment during at least four subsequent weeks and earned remuneration
   10  of at least four times his or her benefit rate.
   11    (e) No [days] WEEKS of  total  unemployment  OR  PARTIAL  UNEMPLOYMENT
   12  shall  be  deemed  to  occur  [in any week] within an eligibility period
   13  under section five hundred ninety-three of this article, until he or she
   14  has subsequently worked in employment in accordance  with  the  require-
   15  ments set forth in section five hundred ninety-three of this article.
   16    S 18. Section 603 of the labor law, as amended by section 21 of part O
   17  of chapter 57 of the laws of 2013, is amended to read as follows:
   18    S  603.  Definitions. For purposes of this title: "Total unemployment"
   19  shall mean the total lack of any employment [on any day] DURING ANY WEEK
   20  AND "PARTIAL UNEMPLOYMENT" SHALL MEAN ANY  EMPLOYMENT  DURING  ANY  WEEK
   21  THAT  IS LESS THAN FULL-TIME EMPLOYMENT SO LONG AS THE COMPENSATION PAID
   22  IS LESS THAN THE CLAIMANT'S WEEKLY BENEFIT  RATE,  other  than  with  an
   23  employer applying for a shared work program. "Work force" shall mean the
   24  total  work  force,  a  clearly identifiable unit or units thereof, or a
   25  particular shift or shifts. The work force subject  to  reduction  shall
   26  consist of no less than two employees.
   27    S  19. This act shall take effect immediately; provided, however, that
   28  the amendments to subdivision 1 of section 591 of the labor law made  by
   29  section six of this act shall be subject to the expiration and reversion
   30  of such subdivision pursuant to section 10 of chapter 413 of the laws of
   31  2003, as amended, when upon such date the provisions of section seven of
   32  this  act  shall  take effect; provided, further, that the amendments to
   33  section 591-a of the labor law made by section eight of this  act  shall
   34  not affect the repeal of such section and shall be deemed repealed ther-
   35  ewith.
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