Provides that a claimant's weekly unemployment insurance benefit shall be calculated based on such claimant's average weekly wage compared to the state average weekly wage.
STATE OF NEW YORK
________________________________________________________________________
10304
IN ASSEMBLY
February 20, 2026
___________
Introduced by M. of A. VALDEZ -- read once and referred to the Committee
on Labor
AN ACT to amend the labor law, in relation to the calculation of a
claimant's weekly unemployment insurance benefit
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (a) of subdivision 5 of section 590 of the labor
2 law, as amended by section 3 of part KK of chapter 56 of the laws of
3 2025, is amended to read as follows:
4 (a) A claimant's average weekly [benefit amount] wage shall be one
5 [twenty-sixth] thirteenth of the remuneration paid during the highest
6 calendar quarter of the base period by employers, liable for contrib-
7 utions or payments in lieu of contributions under this article, provided
8 the claimant has remuneration paid in all four calendar quarters during
9 such claimant's base period or alternate base period. [However, for any
10 claimant who has remuneration paid in all four calendar quarters during
11 such claimant's base period or alternate base period and whose high
12 calendar quarter remuneration during the base period is three thousand
13 five hundred seventy-five dollars or less, the benefit amount shall be
14 one twenty-fifth of the remuneration paid during the highest calendar
15 quarter of the base period by employers liable for contributions or
16 payments in lieu of contributions under this article.] A claimant's
17 average weekly [benefit] wage shall be one [twenty-sixth] thirteenth of
18 the average remuneration paid in the two highest quarters paid during
19 the base period or alternate base period by employers liable for
20 contributions or payments in lieu of contributions under this article
21 when the claimant has remuneration paid in two or three calendar quar-
22 ters [provided however, that a claimant whose high calendar quarter is
23 four thousand dollars or less but greater than three thousand five
24 hundred seventy-five dollars shall have a weekly benefit amount of one
25 twenty-sixth of such high calendar quarter. However, for any claimant
26 who has remuneration paid in two or three calendar quarters during such
27 claimant's base period or alternate base period and whose high calendar
28 quarter remuneration during the base period is three thousand five
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14259-02-6
A. 10304 2
1 hundred seventy-five dollars or less, the benefit amount shall be one
2 twenty-fifth of the remuneration paid during the highest calendar quar-
3 ter of the base period by employers liable for contributions or payments
4 in lieu of contributions under this article. Any claimant whose high
5 calendar quarter remuneration during the base period is more than three
6 thousand five hundred seventy-five dollars shall not have a weekly bene-
7 fit amount less than one hundred forty-three dollars. The weekly benefit
8 amount, so computed, that is not a multiple of one dollar shall be
9 lowered to the next multiple of one dollar]. If a claimant's average
10 weekly wage as calculated pursuant to this paragraph is between zero and
11 fifty percent of the state average weekly wage, such claimant's weekly
12 benefit shall be equal to eighty-five percent of such claimant's average
13 weekly wage. If a claimant's average weekly wage as calculated pursuant
14 to this paragraph is between fifty-one and one hundred percent of the
15 state average weekly wage, such claimant's weekly benefit shall be equal
16 to seventy percent of such claimant's average weekly wage. If a claim-
17 ant's average weekly wage as calculated pursuant to this paragraph is
18 greater than one hundred percent of the state average weekly wage, such
19 claimant's weekly benefit shall be equal to fifty percent of such claim-
20 ant's average weekly wage. On the first Monday of September, nineteen
21 hundred ninety-eight the weekly benefit amount shall not exceed three
22 hundred sixty-five dollars nor be less than forty dollars, until the
23 first Monday of September, two thousand, at which time the maximum bene-
24 fit payable pursuant to this subdivision shall equal one-half of the
25 state average weekly wage for covered employment as calculated by the
26 department no sooner than July first, two thousand and no later than
27 August first, two thousand, rounded down to the lowest dollar. On and
28 after the first Monday of October, two thousand fourteen, the weekly
29 benefit shall not be less than one hundred dollars, nor shall it exceed
30 four hundred twenty dollars until the first Monday of October, two thou-
31 sand fifteen when the maximum benefit amount shall be four hundred twen-
32 ty-five dollars, until the first Monday of October, two thousand sixteen
33 when the maximum benefit amount shall be four hundred thirty dollars,
34 until the first Monday of October, two thousand seventeen when the maxi-
35 mum benefit amount shall be four hundred thirty-five dollars, until the
36 first Monday of October, two thousand eighteen when the maximum benefit
37 amount shall be four hundred fifty dollars, until the first Monday of
38 October, two thousand nineteen when the maximum benefit amount shall be
39 thirty-six percent of the average weekly wage until the first Monday of
40 October, two thousand twenty-five when the maximum benefit amount shall
41 be eight hundred sixty-nine dollars, until the first Monday of October,
42 two thousand twenty-six and each year thereafter on the first Monday of
43 October when the maximum benefit amount shall be fifty percent of the
44 average weekly wage provided, however, that in no event shall the maxi-
45 mum benefit amount be reduced from the previous year.
46 § 2. This act shall take effect immediately.
