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A09759 Summary:

BILL NOA09759
 
SAME ASNo Same As
 
SPONSORStirpe
 
COSPNSR
 
MLTSPNSR
 
Rpld & add 523, 591 sub 3 (a), amd Lab L, generally
 
Relates to the calculation of weekly unemployment insurance and the repeal of certain provisions relating thereto.
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A09759 Actions:

BILL NOA09759
 
02/05/2018referred to labor
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A09759 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9759
 
SPONSOR: Stirpe
  TITLE OF BILL: An act to amend the labor law, in relation to the calculation of weekly employment insurance benefits for workers who are partially unemployed; and repealing certain provisions of such law relating thereto   PURPOSE OR GENERAL IDEA OF BILL: To ensure that partially unemployed workers have meaningful access to unemployment insurance benefits.   SUMMARY OF SPECIFIC PROVISIONS: This bill amends various sections of Article 18 of the labor law in order to: (1) replace the current system for determining eligibility for partial unemployment insurance benefits with a system that is based an the claimant's weekly earnings rather than the number of days the claimant worked during the week; (2) establish a system of calculating partial unemployment insurance benefits that disregards a portion of part-time earnings before reducing benefits by one dollar for each dollar of earnings up to the full weekly benefit amount: and (3) provide that any individual who earns significant part-time earnings an a single day during the week, up to the maximum allowable amount, will receive a partial benefit equal to three-quarters or his or her full weekly benefit amount.   JUSTIFICATION: By imposing a 25-percent reduction to a claimant's full benefit for any work performed on a single day, New York's unemployment insurance program fails to provide an adequate level of income security for work- ers experiencing reductions in their usual hours and earnings; at the same time, it creates perverse incentive that may discourage claimants from returning to part-time work, particularly for three days or more. The adverse consequences of current law are two-fold: during a time when businesses are still suffering from lack of customers, New York's UI program is inadvertently suppressing local economic activity and job creation by denying benefits to the very people who aced and will quick- ly spend them. UI benefits are among the most effective forms of econom- ic stimulus, generating between $1.61 and $2.00 of additional activity for every dollar allocated. Furthermore, many of New York's current claimants are afraid they will end up financially worse off by accepting a part-time job. This can be risky as the worker's professional skills may languish and the fact of extended unemployment may itself became an obstacle to reemployment. This disincentive has significant cost impli- cations for the state's UI trust fund. This legislation is modeled on partial unemployment insurance require- ments in Connecticut and Pennsylvania which permit claimants to earn mare than the value of their full benefit for a week of part-time work; similarly, these states disregard an amount of part-time earnings that is tied to the claimant's full benefit. This bill represents a necessary step towards ensuring that New York's UI program provides partially unemployed workers with the support they need to meet their most basic needs. Not addressing the current system inequities in an economy with a persistently high number of part-time jobs may compromise the health of the UI trust fund by discouraging part-time reemployment and by suppressing the very consumer demand New York's economy requires in order to return to full employment.   PRIOR LEGISLATIVE HISTORY: A.11490 of 2009-2010 Reported to Ways and Means; A.6139 of 2011-2012: Reported to Ways and Means (Same as S.4925: Referred to Labor); A.7278 of 2013-2014: Referred to Labor (Same as S.3393: Referred to Labor) A.4839 of 2015-2016: Passed Assembly, died in Senate A1857 of 2017-2018: Referred to Labor, Original Member left assembly   FISCAL IMPLICATIONS: To Be Determined   EFFECTIVE DATE: Immediately.
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A09759 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9759
 
                   IN ASSEMBLY
 
                                    February 5, 2018
                                       ___________
 
        Introduced by M. of A. STIRPE -- read once and referred to the Committee
          on Labor
 
        AN  ACT to amend the labor law, in relation to the calculation of weekly
          employment insurance benefits for  workers  who  are  partially  unem-
          ployed; and repealing certain provisions of such 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    §  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 employment" means any employment during any week that is
     6  less than full-time employment so long as the compensation paid is  less
     7  than  the  claimant's  weekly  benefit  rate plus the claimant's partial
     8  benefit credit. The term "employment" as used in this section means  any
     9  employment including that not defined in this title.
    10    § 2. Section 523 of the labor law is REPEALED and a new section 523 is
    11  added to read as follows:
    12    §  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 plus his or her partial  benefit
    17  credit.
    18    §  3.  The labor law is amended by adding a new section 525 to read as
    19  follows:
    20    § 525. Partial benefit credit. "Partial  benefit  credit"  means  that
    21  part  of  the compensation, if any, paid to a claimant with respect to a
    22  week for which benefits are claimed under the  provisions  of  this  law
    23  which  is  not  in excess of fifty per centum of the individual's weekly
    24  benefit rate, or one hundred dollars, whichever  is  the  greater.  Such
    25  partial  benefit  credit,  if  not  a  multiple  of one dollar, shall be
    26  computed to the next higher multiple of one dollar.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07124-01-7

        A. 9759                             2
 
     1    § 4. Subdivision 4 of section 527 of the  labor  law,  as  amended  by
     2  chapter  832 of the laws of 1968 and as renumbered by chapter 381 of the
     3  laws of 1984, is amended to read as follows:
     4    4.  General  condition.  A valid original claim may be filed only in a
     5  week [in which the claimant has at least one effective day of  unemploy-
     6  ment] that qualifies as an effective week of unemployment for the claim-
     7  ant.
     8    §  5.  Subparagraph 2 of paragraph (e) of subdivision 1 of section 581
     9  of the labor law, as amended by chapter 282 of  the  laws  of  2002  and
    10  clause  (v)  as  added by chapter 106 of the laws of 2007, is amended to
    11  read as follows:
    12    (2) Benefits payable to any claimant with respect  to  the  claimant's
    13  then current benefit year shall be charged, when paid, to the account of
    14  the  last  employer  prior to the filing of a valid original claim in an
    15  amount equal to seven times the  claimant's  benefit  rate.  Thereafter,
    16  such  charges  shall be made to the account of each employer in the base
    17  period used to establish the valid original claim in the same proportion
    18  that the remuneration paid by each employer to the claimant during  that
    19  base  period  bears  to  the  remuneration  paid by all employers to the
    20  claimant during that base period except as provided below:
    21    (i) In those instances where the claimant may not utilize  wages  paid
    22  to  establish  entitlement  based  upon  subdivision ten of section five
    23  hundred ninety of this article and an  educational  institution  is  the
    24  claimant's  last employer prior to the filing of the claim for benefits,
    25  or the claimant performed services in such  educational  institution  in
    26  such  capacity  while employed by an educational service agency which is
    27  the claimant's last employer prior to the filing of the claim for  bene-
    28  fits,  such  employer  shall  not  be liable for benefit charges for the
    29  first [twenty-eight effective days] seven effective  weeks  of  benefits
    30  paid  as  otherwise  provided by this section. Under such circumstances,
    31  benefits paid shall be charged to  the  general  account.  In  addition,
    32  wages  paid  during the base period by such educational institutions, or
    33  for services in such educational institutions for claimants employed  by
    34  an  educational service agency shall not be considered base period wages
    35  during periods that such wages may not be used to  gain  entitlement  to
    36  benefits  pursuant  to subdivision ten of section five hundred ninety of
    37  this article.
    38    (ii) In those instances where the claimant may not utilize wages  paid
    39  to  establish  entitlement based upon subdivision eleven of section five
    40  hundred ninety of this article and an  educational  institution  is  the
    41  claimant's  last employer prior to the filing of the claim for benefits,
    42  or the claimant performed services in such  educational  institution  in
    43  such  capacity  while employed by an educational service agency which is
    44  the claimant's last employer prior to the filing of the claim for  bene-
    45  fits,  such  employer  shall  not  be liable for benefit charges for the
    46  first [twenty-eight effective days] seven effective  weeks  of  benefits
    47  paid  as  otherwise  provided by this section. Under such circumstances,
    48  benefits paid will be charged to the general account. In addition, wages
    49  paid during the base period by such  educational  institutions,  or  for
    50  services  in  such educational institutions for claimants employed by an
    51  educational service agency shall not be  considered  base  period  wages
    52  during  periods  that  such wages may not be used to gain entitlement to
    53  benefits pursuant to subdivision eleven of section five  hundred  ninety
    54  of  this  article.  However, in those instances where a claimant was not
    55  afforded an opportunity to perform services for the educational institu-
    56  tion for the next academic year or term after reasonable  assurance  was

        A. 9759                             3
 
     1  provided,  such employer shall be liable for benefit charges as provided
     2  for in this paragraph for any retroactive payments made to the claimant.
     3    (iii)  In  those  instances where the federal government is the claim-
     4  ant's last employer prior to the filing of the claim  for  benefits  and
     5  such employer is not a base-period employer, payments equaling the first
     6  [twenty-eight  effective  days]  seven  effective  weeks  of benefits as
     7  otherwise prescribed by this section shall be  charged  to  the  general
     8  account.  In  those instances where the federal government is the claim-
     9  ant's last employer prior to the filing of the claim for benefits and  a
    10  base-period  employer, such employer shall be liable for charges for all
    11  benefits paid on such claim in the same proportion that the remuneration
    12  paid by such employer during the base period bears to  the  remuneration
    13  paid  by  all  employers  during  the  base period. In addition, benefit
    14  payment charges for the first [twenty-eight effective days] seven effec-
    15  tive weeks of benefits  other  than  those  chargeable  to  the  federal
    16  government as prescribed above shall be made to the general account.
    17    (iv)  In those instances where a combined wage claim is filed pursuant
    18  to interstate reciprocal agreements and  the  claimant's  last  employer
    19  prior  to  the  filing of the claim is an out-of-state employer and such
    20  employer is not a base-period employer, benefit  payments  equaling  the
    21  first [twenty-eight effective days] seven effective weeks of benefits as
    22  otherwise  prescribed  by  this  section shall be charged to the general
    23  account. In those instances where the out-of-state employer is the  last
    24  employer prior to the filing of the claim for benefits and a base-period
    25  employer such employer shall be liable for charges for all benefits paid
    26  on  such claim in the same proportion that the remuneration paid by such
    27  employer during the base period bears to the remuneration  paid  by  all
    28  employers  during  the base period. In addition, benefit payment charges
    29  for the [twenty-eight effective days] seven effective weeks of  benefits
    30  other  than  those chargeable to the out-of-state employer as prescribed
    31  above shall be made to the general account.
    32    (v) In those instances where the last employer prior to the filing  of
    33  a  valid  original  claim  has  paid  total remuneration to the claimant
    34  during the period from the start of the base period  used  to  establish
    35  the  benefit  claim until the date of the claimant's filing of the valid
    36  original claim in an amount less than or equal to six times  the  claim-
    37  ant's  benefit  rate and the last employer has substantiated such amount
    38  to the satisfaction of the commissioner within ten days of  the  commis-
    39  sioner's  original  notice  of potential charges to such last employer's
    40  account, benefits shall be charged as follows: benefits payable  to  the
    41  claimant  with respect to the claimant's then current benefit year shall
    42  be charged, when paid, to the account of such last employer prior to the
    43  filing of a valid original claim in an amount equal to the lowest  whole
    44  number  (one, two, three, four, five, or six) times the claimant's bene-
    45  fit rate where the product of such lowest whole number times the  claim-
    46  ant's  benefit  rate is equal to or greater than such total remuneration
    47  paid by such last employer to the claimant.   Thereafter,  such  charges
    48  shall be made to the account of each employer in the base period used to
    49  establish  the  valid  original  claim  in  the same proportion that the
    50  remuneration paid by each employer to  the  claimant  during  that  base
    51  period  bears  to the remuneration paid by all employers to the claimant
    52  during that base period.  Notice  of  such  recalculation  of  potential
    53  charges  shall  be  given  to the last employer and each employer of the
    54  claimant in the base period used to establish the valid original claim.
    55    § 6. Subdivision 1 of section 590 of the  labor  law,  as  amended  by
    56  chapter 645 of the laws of 1951, is amended to read as follows:

        A. 9759                             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    §  7.  Subdivision  3  of  section 590 of the labor law, as amended by
     9  chapter 645 of the laws of 1951, is amended to read as follows:
    10    3. Compensable periods. Benefits shall be paid for each  [accumulation
    11  of] effective [days within a] week.
    12    §  8.  Subdivision  4  of  section 590 of the labor law, as amended by
    13  chapter 457 of the laws of 1987, is amended to read as follows:
    14    4. Duration. Benefits shall not be paid [for more than one hundred and
    15  four effective days] in an amount  greater  than  twenty-six  times  the
    16  claimant's  weekly  benefit rate in any benefit year, except as provided
    17  in section six hundred one and subdivision two of section  five  hundred
    18  ninety-nine of this chapter.
    19    §  9.  Subdivision  5  of  section  590 of the labor law is amended by
    20  adding two new paragraphs (c) and (d) to read as follows:
    21    (c) Benefit for partial unemployment. Except as provided in  paragraph
    22  (d)  of  this subdivision, any claimant who is partially unemployed with
    23  respect to any effective week shall be paid, with respect to such effec-
    24  tive week, a benefit equal to his weekly benefit rate less the total  of
    25  the  remuneration,  if  any, paid or payable to him with respect to such
    26  week for services performed which is in excess of  his  partial  benefit
    27  credit.
    28    (d) Benefit for partial unemployment for certain claimants working one
    29  day  in a week. Any claimant who is partially unemployed with respect to
    30  any effective week but whose employment is limited  to  one  day  during
    31  that  effective  week and whose remuneration paid or payable to him with
    32  respect to such week for services performed  is  less  than  his  weekly
    33  benefit rate shall be paid, with respect to such effective week, a bene-
    34  fit  equal  to  three-quarters of his weekly benefit rate, or if higher,
    35  the benefit calculated pursuant to paragraph (c) of this subdivision.
    36    § 10. Subdivision 6 of section 590 of the labor law, as added by chap-
    37  ter 720 of the laws of 1953 and as renumbered by chapter 675 of the laws
    38  of 1977, is amended to read as follows:
    39    6. Notification requirement. No effective [day] week shall be  counted
    40  for  any purposes except effective [days] weeks as to which notification
    41  has been given in a manner prescribed by the commissioner.
    42    § 11. Subdivision 7 of section 590 of the labor  law,  as  amended  by
    43  chapter 415 of the laws of 1983, is amended to read as follows:
    44    7.  Waiting  period.  A  claimant  shall not be entitled to accumulate
    45  effective [days] weeks for the purpose of benefit payments until he  has
    46  accumulated a waiting period of [four effective days either wholly with-
    47  in  the  week in which he established his valid original claim or partly
    48  within such week and partly within his benefit year  initiated  by  such
    49  claim] one effective week.
    50    §  12.  Subdivision  1  of section 591 of the labor law, as amended by
    51  chapter 413 of the laws of 2003, is amended to read as follows:
    52    1. Unemployment. Benefits, except as provided in section five  hundred
    53  ninety-one-a  of  this  title,  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. 9759                             5
 
     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    §  13.  Subdivision  1  of section 591 of the labor law, as amended by
     6  chapter 446 of the laws of 1981, is amended to read as follows:
     7    1. Unemployment. Benefits shall be paid only  to  a  claimant  who  is
     8  totally  unemployed  or partially unemployed and who is unable to engage
     9  in his usual employment or in any  other  for  which  he  is  reasonably
    10  fitted  by training and experience. A claimant who is receiving benefits
    11  under this article shall not be denied such benefits  pursuant  to  this
    12  subdivision or to subdivision two of this section because of such claim-
    13  ant's  service  on  a  grand or petit jury of any state or of the United
    14  States.
    15    § 14. Paragraph (a) of subdivision 3 of section 591 of the  labor  law
    16  is REPEALED and a new paragraph (a) is added to read as follows:
    17    (a) Compensation paid to a claimant for any day during a paid vacation
    18  period,  or  for  a  paid holiday, shall be considered compensation from
    19  employment.
    20    § 15. Subparagraph (i) of paragraph (b) of subdivision  2  of  section
    21  591-a of the labor law, as amended by section 14 of part O of chapter 57
    22  of the laws of 2013, is amended to read as follows:
    23    (i)  requirements relating to total unemployment and partial unemploy-
    24  ment, as defined in section five hundred  twenty-two  of  this  article,
    25  availability  for  work and search for work, as set forth in subdivision
    26  two of section five hundred ninety-one of  this  title  and  refusal  to
    27  accept  work,  as  set  forth in subdivision two of section five hundred
    28  ninety-three of this title, are not applicable to such individuals;
    29    § 16. Subdivision 2 of section 592 of the labor  law,  as  amended  by
    30  chapter 415 of the laws of 1983, is amended to read as follows:
    31    2.  Concurrent payments prohibited. No [days] weeks of total unemploy-
    32  ment or partial unemployment shall be deemed to occur in any  week  with
    33  respect  to  which  [or  a  part of which] a claimant has received or is
    34  seeking unemployment benefits under an unemployment compensation law  of
    35  any  other  state  or of the United States, provided that this provision
    36  shall not apply if the appropriate agency of such other state or of  the
    37  United  States  finally determines that he is not entitled to such unem-
    38  ployment benefits.
    39    § 17. Paragraph (a) of subdivision 1 of section 593 of the labor  law,
    40  as amended by section 15 of part O of chapter 57 of the laws of 2013, is
    41  amended to read as follows:
    42    (a)  No  [days]  weeks  of  total unemployment or partial unemployment
    43  shall be deemed to occur after a claimant's voluntary separation without
    44  good cause from employment until he or she has  subsequently  worked  in
    45  employment  and  earned  remuneration at least equal to ten times his or
    46  her weekly benefit rate. In addition to other circumstances that may  be
    47  found  to constitute good cause, including a compelling family reason as
    48  set forth in paragraph (b) of  this  subdivision,  voluntary  separation
    49  from  employment  shall  not  in itself disqualify a claimant if circum-
    50  stances have developed in the course of such employment that would  have
    51  justified the claimant in refusing such employment in the first instance
    52  under  the  terms of subdivision two of this section or if the claimant,
    53  pursuant to an option provided under a collective  bargaining  agreement
    54  or  written  employer  plan  which permits waiver of his or her right to
    55  retain the employment when there is a temporary layoff because  of  lack

        A. 9759                             6
 
     1  of  work,  has  elected  to  be separated for a temporary period and the
     2  employer has consented thereto.
     3    §  18.  The  opening  paragraph of subdivision 2 of section 593 of the
     4  labor law, as amended by section 15 of part O of chapter 57 of the  laws
     5  of 2013, is amended to read as follows:
     6    No [days] weeks of total unemployment or partial unemployment shall be
     7  deemed  to  occur  beginning with the [day on] week in which a claimant,
     8  without good cause, refuses to accept an offer of employment  for  which
     9  he  or  she  is  reasonably fitted by training and experience, including
    10  employment not subject to this article, until he or she has subsequently
    11  worked in employment and earned remuneration at least equal to ten times
    12  his or her weekly benefit  rate.  Except  that  claimants  who  are  not
    13  subject to a recall date or who do not obtain employment through a union
    14  hiring  hall  and  who are still unemployed after receiving ten weeks of
    15  benefits shall be required to accept any employment proffered that  such
    16  claimants are capable of performing, provided that such employment would
    17  result  in  a  wage not less than eighty percent of such claimant's high
    18  calendar quarter wages received in the base period and not substantially
    19  less than the prevailing wage  for  similar  work  in  the  locality  as
    20  provided  for in paragraph (d) of this subdivision. No refusal to accept
    21  employment shall be deemed without good cause nor  shall  it  disqualify
    22  any claimant otherwise eligible to receive benefits if:
    23    §  19.  Subdivision  3  of section 593 of the labor law, as amended by
    24  section 15 of part O of chapter 57 of the laws of 2013,  is  amended  to
    25  read as follows:
    26    3.  Misconduct. No [days] weeks of total unemployment or partial unem-
    27  ployment shall be deemed to  occur  after  a  claimant  lost  employment
    28  through  misconduct in connection with his or her employment until he or
    29  she has subsequently worked in employment  and  earned  remuneration  at
    30  least equal to ten times his or her weekly benefit rate.
    31    §  20.  Subdivision  4  of section 593 of the labor law, as amended by
    32  chapter 589 of the laws of 1998, is amended to read as follows:
    33    4. Criminal acts. No [days] weeks of  total  unemployment  or  partial
    34  unemployment  shall  be deemed to occur during a period of twelve months
    35  after a claimant loses employment as a result of an act  constituting  a
    36  felony in connection with such employment, provided the claimant is duly
    37  convicted thereof or has signed a statement admitting that he or she has
    38  committed  such an act.  Determinations regarding a benefit claim may be
    39  reviewed at any time.  Any benefits paid to a claimant prior to a deter-
    40  mination that the claimant has lost employment as a result of  such  act
    41  shall  not  be  considered to have been accepted by the claimant in good
    42  faith. In addition, remuneration paid to the claimant  by  the  affected
    43  employer prior to the claimant's loss of employment due to such criminal
    44  act may not be utilized for the purpose of establishing entitlement to a
    45  subsequent,  valid  original  claim.  The provisions of this subdivision
    46  shall apply even if the employment lost as a result of such act  is  not
    47  the claimant's last employment prior to the filing of his or her claim.
    48    § 21. Subdivisions 1 and 2 of section 594 of the labor law, as amended
    49  by  section  16 of part O of chapter 57 of the laws of 2013, are amended
    50  to read as follows:
    51    (1) A claimant who has wilfully made a false  statement  or  represen-
    52  tation  to obtain any benefit under the provisions of this article shall
    53  forfeit benefits for at least the first [four] one but not more than the
    54  first [eighty] twenty effective [days] weeks following discovery of such
    55  offense for which he or  she  otherwise  would  have  been  entitled  to

        A. 9759                             7
 
     1  receive  benefits.  Such  penalty  shall apply only once with respect to
     2  each such offense.
     3    (2) For the purpose of subdivision four of section five hundred ninety
     4  of  this article, the claimant shall be deemed to have received benefits
     5  for such forfeited effective [days] weeks.
     6    § 22. Subdivision 1 of section 596 of the labor  law,  as  amended  by
     7  chapter 204 of the laws of 1982, is amended to read as follows:
     8    1.  Claim  filing  and certification to unemployment. A claimant shall
     9  file a claim for benefits at the local state employment  office  serving
    10  the  area  in  which  he was last employed or in which he resides within
    11  such time and in such manner as the  commissioner  shall  prescribe.  He
    12  shall  disclose  whether he owes child support obligations, as hereafter
    13  defined. If a claimant making such disclosure is eligible for  benefits,
    14  the  commissioner shall notify the state or local child support enforce-
    15  ment agency, as hereafter defined, that the claimant is eligible.
    16    A claimant shall correctly report any [days] weeks of  employment  and
    17  any  compensation he received for such employment, including employments
    18  not subject to this article, and the [days on] weeks during which he was
    19  totally unemployed or partially unemployed and shall make  such  reports
    20  in accordance with such regulations as the commissioner shall prescribe.
    21    § 23. Subdivision 4 of section 596 of the labor law, as added by chap-
    22  ter 705 of the laws of 1944, as renumbered by section 148-a of part B of
    23  chapter  436 of the laws of 1997 and such section as renumbered by chap-
    24  ter 663 of the laws of 1946, is amended to read as follows:
    25    4. Registration and reporting for work. A claimant shall  register  as
    26  totally  unemployed  or partially unemployed at a local state employment
    27  office serving the area in which he was last employed  or  in  which  he
    28  resides  in  accordance  with such regulations as the commissioner shall
    29  prescribe. After so registering, such claimant shall report for work  at
    30  the  same  local state employment office or otherwise give notice of the
    31  continuance of his unemployment as often  and  in  such  manner  as  the
    32  commissioner shall prescribe.
    33    §  24. Paragraph (a) of subdivision 2 of section 599 of the labor law,
    34  as amended by chapter 593 of the laws of 1991, is  amended  to  read  as
    35  follows:
    36    (a)  Notwithstanding  any  other provision of this chapter, a claimant
    37  attending an approved training course or program under this section  may
    38  receive  additional  benefits  of  up  to  [one hundred four] twenty-six
    39  effective [days] weeks  following  exhaustion  of  regular  and,  if  in
    40  effect,  any other extended benefits, provided that entitlement to a new
    41  benefit claim cannot be established. Certification of  continued  satis-
    42  factory  participation  and  progress in such training course or program
    43  must be submitted to the commissioner prior to the payment of  any  such
    44  benefits.  The  duration  of  such  additional benefits shall in no case
    45  exceed twice the number of effective [days] weeks of regular benefits to
    46  which the claimant is entitled at the time the claimant is accepted  in,
    47  or demonstrates application for appropriate training.
    48    §  25.  The  opening  paragraph  and paragraph (e) of subdivision 2 of
    49  section 601 of the labor law, as amended by chapter 35 of  the  laws  of
    50  2009, are amended to read as follows:
    51    Extended  benefits shall be payable to a claimant for effective [days]
    52  weeks occurring [in any week] within an eligibility period, provided the
    53  claimant
    54    (e) is not claiming benefits pursuant to  an  interstate  claim  filed
    55  under  the  interstate benefit payment plan in a state where an extended
    56  benefit period is not in effect, except that this  condition  shall  not

        A. 9759                             8
 
     1  apply  with  respect to the first [eight] two effective [days] weeks for
     2  which extended benefits shall otherwise be payable pursuant to an inter-
     3  state claim filed under the interstate benefit payment plan; and
     4    §  26.  Paragraphs  (b) and (c) of subdivision 3 of section 601 of the
     5  labor law, as amended by chapter 35 of the laws of 2009, are amended  to
     6  read as follows:
     7    (b) for not more than [fifty-two] thirteen effective [days] weeks with
     8  respect  to  his  or  her  applicable benefit year, with a total maximum
     9  amount equal to fifty percentum of the total maximum amount  of  regular
    10  benefits payable in such benefit year, and
    11    (c) if a claimant's benefit year ends within an extended benefit peri-
    12  od,  the remaining balance of extended benefits to which he or she would
    13  be entitled, if any, shall be reduced by the number of effective  [days]
    14  weeks  for  which  he  or she was entitled to receive trade readjustment
    15  allowances under the federal trade act of nineteen hundred  seventy-four
    16  during such benefit year, and
    17    §  27.  Subdivision  4  of section 601 of the labor law, as amended by
    18  chapter 35 of the laws of 2009, is amended to read as follows:
    19    4. Charging of extended benefits. The provisions of paragraph  (e)  of
    20  subdivision one of section five hundred eighty-one of this article shall
    21  apply  to  benefits paid pursuant to the provisions of this section, and
    22  if they were paid for effective [days occurring in] weeks following  the
    23  end  of  a  benefit year, they shall be deemed paid with respect to that
    24  benefit year. However, except for governmental entities  as  defined  in
    25  section  five hundred sixty-five and Indian tribes as defined in section
    26  five hundred sixty-six of this article, only one-half of the  amount  of
    27  such  benefits shall be debited to the employers' account; the remainder
    28  thereof shall be debited to the general account, and such account  shall
    29  be credited with the amount of payments received in the fund pursuant to
    30  the  provisions  of the federal-state extended unemployment compensation
    31  act. Notwithstanding the foregoing,  where  the  state  has  entered  an
    32  extended  benefit period triggered pursuant to subparagraph one of para-
    33  graph (a) of subdivision one of  this  section  for  which  federal  law
    34  provides  for  one hundred percent federal sharing of the costs of bene-
    35  fits, all charges shall be debited  to  the  general  account  and  such
    36  account  shall  be  credited with the amount of payments received in the
    37  fund pursuant to the provisions of the federal-state extended  unemploy-
    38  ment  compensation  act  or  other federal law providing for one hundred
    39  percent federal sharing for the cost of such benefits.
    40    § 28. Paragraph (b) of subdivision 5 of section 601 of the labor  law,
    41  as  amended  by  chapter  35  of the laws of 2009, is amended to read as
    42  follows:
    43    (b) No [days] weeks of  total  unemployment  or  partial  unemployment
    44  shall  be  deemed  to  occur  [in any week] within an eligibility period
    45  during which a claimant fails to accept any offer of  suitable  work  or
    46  fails  to apply for suitable work to which he or she was referred by the
    47  commissioner, who shall make such referral if such work is available, or
    48  during which he or she fails to  engage  actively  in  seeking  work  by
    49  making  a  systematic  and sustained effort to obtain work and providing
    50  tangible evidence of such effort, and until he  or  she  has  worked  in
    51  employment during at least four subsequent weeks and earned remuneration
    52  of at least four times his or her benefit rate.
    53    §  29. Paragraph (e) of subdivision 5 of section 601 of the labor law,
    54  as amended by chapter 35 of the laws of 2009,  is  amended  to  read  as
    55  follows:

        A. 9759                             9

     1    (e)  No  [days]  weeks  of  total unemployment or partial unemployment
     2  shall be deemed to occur [in any  week]  within  an  eligibility  period
     3  under section five hundred ninety-three of this article, until he or she
     4  has  subsequently  worked  in employment in accordance with the require-
     5  ments set forth in section five hundred ninety-three of this article.
     6    § 30. Section 603 of the labor law, as amended by section 21 of part O
     7  of chapter 57 of the laws of 2013, is amended to read as follows:
     8    §  603.  Definitions. For purposes of this title: "Total unemployment"
     9  shall mean the total lack of any employment [on any day] during any week
    10  and "partial unemployment" shall mean any  employment  during  any  week
    11  that  is less than full-time employment so long as the compensation paid
    12  is less than the claimant's weekly  benefit  rate  plus  the  claimant's
    13  partial  benefit  credit,  other  than  with  an employer applying for a
    14  shared work program. "Work force" shall mean the  total  work  force,  a
    15  clearly  identifiable  unit  or  units thereof, or a particular shift or
    16  shifts. The work force subject to reduction shall  consist  of  no  less
    17  than two employees.
    18    § 31. This act shall take effect immediately, provided that the amend-
    19  ments  to  subdivision 1 of section 591 of the labor law made by section
    20  twelve of this act shall be subject to the expiration and  reversion  of
    21  such  subdivision  pursuant  to section 10 of chapter 413 of the laws of
    22  2003, as amended, when upon such date the provisions of section thirteen
    23  of this act shall take effect; provided further that the  amendments  to
    24  section 591-a of the labor law made by section fifteen of this act shall
    25  not affect the repeal of such section and shall be deemed repealed ther-
    26  ewith.
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