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S09382 Summary:

BILL NOS09382A
 
SAME ASSAME AS A09643-A
 
SPONSORJACKSON
 
COSPNSRSALAZAR
 
MLTSPNSR
 
Amd §590, Lab L
 
Provides that a claimant eligible to receive unemployment insurance benefits shall also be entitled to receive a dependent allowance which shall begin at forty-five dollars and shall increase annually by an amount determined by the department of labor; directs the department of labor to report to the legislature following each calendar quarter certain information about dependent allowances and to make such reports available on its website; provides that a claimant's maximum benefit amount, including such dependent allowance, shall not exceed one hundred percent of such claimant's average weekly wage from their highest-earning calendar quarter.
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S09382 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9382--A
 
                    IN SENATE
 
                                      March 6, 2026
                                       ___________
 
        Introduced  by Sens. JACKSON, SALAZAR -- read twice and ordered printed,
          and when printed to be committed to the Committee on Labor --  commit-
          tee  discharged, bill amended, ordered reprinted as amended and recom-
          mitted to said committee
 
        AN ACT to amend the labor law, in relation to authorizing a claimant  to
          receive  a  dependent  allowance in addition to unemployment insurance
          benefits

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Section  590  of the labor law is amended by adding a new
     2  subdivision 13 to read as follows:
     3    13. Dependent allowance. (a) For the purposes of this subdivision, the
     4  term "dependent" shall mean:
     5    (i) children eighteen years old and younger, including   foster  chil-
     6  dren,  stepchildren,  and  children  for  whom the claimant has at least
     7  fifty percent custody in a shared custody arrangement;
     8    (ii) full-time students up to the age of twenty-six;
     9    (iii) nonworking adults in the household ages sixty and older; and
    10    (iv) adults with disabilities in the household.
    11    (b) In addition to the benefits received pursuant to this  section,  a
    12  claimant  eligible for such benefits shall also be entitled to receive a
    13  dependent allowance. Beginning on the effective date  of  this  subdivi-
    14  sion,  such dependent allowance shall be equal to forty-five dollars per
    15  dependent per week.   The  amount  of  such  dependent  allowance  shall
    16  increase  annually according to the consumer price index on March first,
    17  by an amount determined by  the  department  to  represent  the  percent
    18  change  in  the price index published for December of the preceding year
    19  over the price index published for December of the  year  prior  to  the
    20  preceding  year,  adjusted  to the nearest one tenth of one percent. The
    21  department shall report the annual increase of such dependent  allowance
    22  to  the  legislature  and  shall publish the current dependent allowance
    23  amount in a prominent location on the department's website.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14162-03-6

        S. 9382--A                          2
 
     1    (c) The amount of the dependent allowance a claimant receives pursuant
     2  to this subdivision shall be considered part of such claimant's  benefit
     3  amount and shall be subject to the same due process and appeal rights.
     4    (d) For the purpose of determining a claimant's eligibility to receive
     5  a dependent allowance pursuant to this subdivision, the department shall
     6  request information relating to whether a claimant has any dependents as
     7  part of the initial application for benefits.
     8    (e)  The number of dependents established for a claimant at the begin-
     9  ning of a benefit year shall remain in effect for the entirety  of  such
    10  benefit year.
    11    (f)  An  individual that is determined to be a dependent of a claimant
    12  may not be considered a dependent of another claimant for purposes of  a
    13  dependent allowance with respect to the same weekly benefit.
    14    (e) No later than the end of the month following each completed calen-
    15  dar quarter, the department shall provide a written report to the legis-
    16  lature  on  dependent  allowances provided pursuant to this subdivision,
    17  and shall make such report publicly available in a prominent location on
    18  the department's website. Such report shall include the following infor-
    19  mation from the immediately preceding calendar quarter, deidentified and
    20  disaggregated by race, ethnicity, gender, location and poverty level:
    21    (i) the total number of claimants claiming a dependent allowance;
    22    (ii) the average weekly dependent allowance amount;
    23    (iii) the average number of dependents claimed by a  claimant,  broken
    24  down by the type of dependent; and
    25    (iv)  information  on  the number of dependent allowance appeals filed
    26  and the outcomes of such appeals.
    27    (f) (i) An employer shall not be charged  for  a  dependent  allowance
    28  received by a claimant pursuant to this subdivision.
    29    (ii)  An  employer  shall  not  be considered an interested party with
    30  respect to a dependent allowance received by a claimant  and  shall  not
    31  have any right to contest such dependent allowance.
    32    (g)  The  department  shall provide notice to a claimant of the weekly
    33  dependent allowance amount, the dependent or dependents established  for
    34  such  claimant  and  the calculation used to determine the amount of the
    35  dependent allowance in such claimant's monetary determination.
    36    § 2. Paragraph (a) of subdivision 5 of section 590 of the  labor  law,
    37  as amended by section 3 of part KK of chapter 56 of the laws of 2025, is
    38  amended to read as follows:
    39    (a)  A  claimant's  weekly benefit amount shall be one twenty-sixth of
    40  the remuneration paid during the highest calendar quarter  of  the  base
    41  period  by  employers,  liable  for contributions or payments in lieu of
    42  contributions under this article, provided the claimant has remuneration
    43  paid in all four calendar quarters during such claimant's base period or
    44  alternate base period. However, for any claimant  who  has  remuneration
    45  paid in all four calendar quarters during such claimant's base period or
    46  alternate  base  period  and  whose  high  calendar quarter remuneration
    47  during the base period  is  three  thousand  five  hundred  seventy-five
    48  dollars  or  less,  the  benefit amount shall be one twenty-fifth of the
    49  remuneration paid during the highest calendar quarter of the base period
    50  by employers liable for contributions or payments in  lieu  of  contrib-
    51  utions  under  this  article.  A  claimant's weekly benefit shall be one
    52  twenty-sixth of the average remuneration paid in the two  highest  quar-
    53  ters  paid  during the base period or alternate base period by employers
    54  liable for contributions or payments in lieu of contributions under this
    55  article when the claimant has remuneration paid in two or three calendar
    56  quarters provided however, that a claimant whose high  calendar  quarter

        S. 9382--A                          3
 
     1  is  four  thousand  dollars or less but greater than three thousand five
     2  hundred seventy-five dollars shall have a weekly benefit amount  of  one
     3  twenty-sixth  of  such  high calendar quarter. However, for any claimant
     4  who  has remuneration paid in two or three calendar quarters during such
     5  claimant's base period or alternate base period and whose high  calendar
     6  quarter  remuneration  during  the  base  period  is three thousand five
     7  hundred seventy-five dollars or less, the benefit amount  shall  be  one
     8  twenty-fifth  of the remuneration paid during the highest calendar quar-
     9  ter of the base period by employers liable for contributions or payments
    10  in lieu of contributions under this article.  Any  claimant  whose  high
    11  calendar  quarter remuneration during the base period is more than three
    12  thousand five hundred seventy-five dollars shall not have a weekly bene-
    13  fit amount less than one hundred forty-three dollars. The weekly benefit
    14  amount, so computed, that is not a  multiple  of  one  dollar  shall  be
    15  lowered  to  the  next  multiple  of  one dollar. On the first Monday of
    16  September, nineteen hundred ninety-eight the weekly benefit amount shall
    17  not exceed three hundred sixty-five  dollars  nor  be  less  than  forty
    18  dollars,  until  the  first  Monday of September, two thousand, at which
    19  time the maximum benefit payable  pursuant  to  this  subdivision  shall
    20  equal  one-half  of the state average weekly wage for covered employment
    21  as calculated by the department no sooner than July first, two  thousand
    22  and no later than August first, two thousand, rounded down to the lowest
    23  dollar. On and after the first Monday of October, two thousand fourteen,
    24  the weekly benefit shall not be less than one hundred dollars, nor shall
    25  it exceed four hundred twenty dollars until the first Monday of October,
    26  two  thousand  fifteen  when  the  maximum  benefit amount shall be four
    27  hundred twenty-five dollars, until the  first  Monday  of  October,  two
    28  thousand  sixteen  when the maximum benefit amount shall be four hundred
    29  thirty dollars, until the first Monday of October, two  thousand  seven-
    30  teen  when  the maximum benefit amount shall be four hundred thirty-five
    31  dollars, until the first Monday of October, two thousand  eighteen  when
    32  the  maximum  benefit  amount shall be four hundred fifty dollars, until
    33  the first Monday of October, two  thousand  nineteen  when  the  maximum
    34  benefit  amount  shall  be thirty-six percent of the average weekly wage
    35  until the first Monday of October, two  thousand  twenty-five  when  the
    36  maximum  benefit amount shall be eight hundred sixty-nine dollars, until
    37  the first Monday of October, two thousand twenty-six and each year ther-
    38  eafter on the first Monday of October when the  maximum  benefit  amount
    39  shall  be  fifty  percent  of the average weekly wage provided, however,
    40  that in no event shall the maximum benefit amount be  reduced  from  the
    41  previous year, and provided, however, that in no event shall the maximum
    42  benefit amount, including the amount of a dependent allowance a claimant
    43  receives  pursuant  to  subdivision thirteen of this section, exceed one
    44  hundred percent of such claimant's average weekly wage from such  claim-
    45  ant's highest-earning calendar quarter.
    46    § 3. This act shall take effect immediately.
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