A05156 Summary:

BILL NOA05156
 
SAME ASNo same as
 
SPONSORBrennan (MS)
 
COSPNSRJaffee, Abbate, Peoples-Stokes, Cook, Clark, Hooper
 
MLTSPNSRGottfried, Schimel, Weisenberg
 
Amd S527, Lab L
 
Provides that qualifications for unemployment benefits shall be based on hours of work rather than earnings.
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A05156 Actions:

BILL NOA05156
 
02/20/2013referred to labor
01/08/2014referred to labor
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A05156 Floor Votes:

There are no votes for this bill in this legislative session.
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A05156 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5156
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 20, 2013
                                       ___________
 
        Introduced  by  M.  of A. BRENNAN, JAFFEE, ABBATE, PEOPLES-STOKES, COOK,
          CASTRO, CLARK, HOOPER -- Multi-Sponsored by -- M. of A. BARRON,  GOTT-
          FRIED,  SCHIMEL, WEISENBERG -- read once and referred to the Committee
          on Labor
 
        AN ACT to amend the labor law, in relation to eligibility for  unemploy-
          ment insurance benefits
 

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 1, paragraph (a) of subdivision 2 and  subdivi-
     2  sion  4  of  section  527  of the labor law, subdivision 1 as amended by
     3  chapter 413 of the laws of 2003,  paragraph  (a)  of  subdivision  2  as
     4  amended by chapter 5 of the laws of 2000 and subdivision 4 as amended by
     5  chapter  832 of the laws of 1968 and as renumbered by chapter 381 of the
     6  laws of 1984, are amended to read as follows:
     7    1. Basic condition. "Valid original claim"  is  a  claim  filed  by  a
     8  claimant  who  meets  the following qualifications: (a) is able to work,
     9  and available for work; (b) is not subject to  any  disqualification  or
    10  suspension  under  this  article; (c) his previously established benefit

    11  year, if any, has expired; (d) has been paid remuneration  by  employers
    12  liable  for contributions or for payments in lieu of contributions under
    13  this article, other than employers from whom the claimant  lost  employ-
    14  ment  under conditions which would be disqualifying pursuant to subdivi-
    15  sion three of section five hundred ninety-three  of  this  article,  for
    16  employment  [during  at  least two calendar quarters of the base period,
    17  with remuneration of one and one-half times the  high  calendar  quarter
    18  earnings  within  the  base  period  and  with at least one thousand six
    19  hundred dollars of such remuneration being paid during the high calendar
    20  quarter of such base period. For purposes of this section, the  earnings
    21  in  the  high  calendar quarter of the base period used in determining a

    22  valid original claim shall not exceed  an  amount  equal  to  twenty-two
    23  times  the  maximum  benefit  rate  as  set forth in subdivision five of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09109-01-3

        A. 5156                             2

     1  section five hundred ninety of this article for all individuals]  of  at
     2  least  one  hundred thirty hours of work in the highest calendar quarter
     3  of the base period and at least one hundred ninety-five  hours  of  work
     4  within the four quarters of the base period.
     5    (a)  An  individual  who  is  unable to file a valid original claim in

     6  accordance with subdivision one of this section, files a valid  original
     7  claim  by  meeting  the qualifications enumerated in paragraphs (a), (b)
     8  and (c) of subdivision one of this  section  and  by  having  been  paid
     9  remuneration  by  employers  liable for contributions or for payments in
    10  lieu of contributions under this article, other than employers from whom
    11  the claimant lost employment under conditions  which  are  disqualifying
    12  pursuant  to  subdivision  three of section five hundred ninety-three of
    13  this article, for employment [during at least two calendar  quarters  of
    14  the  base  period,  with remuneration of one and one-half times the high
    15  calendar quarter earnings within the base period and with at  least  one
    16  thousand  six hundred dollars of such remuneration being paid during the

    17  high calendar quarter of such base period. For purposes of this section,
    18  the earnings in the high calendar quarter of the  base  period  used  in
    19  determining  a  valid original claim shall not exceed an amount equal to
    20  twenty-two times the maximum benefit rate as set  forth  in  subdivision
    21  five of section five hundred ninety of this article for all individuals]
    22  of  at  least  one  hundred thirty hours of work in the highest calendar
    23  quarter of the base period and at least one hundred ninety-five hours of
    24  work within the four quarters of the base period.
    25    4. General condition. A valid original claim may be filed  only  in  a
    26  week  in  which the claimant has at least one effective day of unemploy-
    27  ment. Notwithstanding any other provision of law,  during  any  week  of

    28  unemployment  where  the  claimant  is employed part-time, the first one
    29  hundred dollars of earnings received by such claimant for such part-time
    30  employment shall not reduce the benefits received for a  valid  original
    31  claim.  For each one dollar of earnings in excess of one hundred dollars
    32  received by such claimant for such part-time  employment,  the  benefits
    33  received  for  a  valid original claim for that week shall be reduced by
    34  seventy-five cents.
    35    § 2. This act shall take effect on the first of January next  succeed-
    36  ing the date on which it shall have become a law.
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