Provides that spouses who voluntarily separate from employment to accompany a spouse who is the subject of a military transfer shall be eligible for unemployment benefits.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7514
SPONSOR: Frontus TITLE OF BILL:
An act to amend the labor law, in relation to the eligibility for unem-
ployment benefits for individuals who voluntarily separate from employ-
ment to accompany a spouse who is the subject of a military transfer
PURPOSE:
The purpose of this bill is to permit an individual who quits work to
accompany the individual's spouse on a military transfer to be eligible
for unemployment compensation benefits.
SUMMARY OF PROVISIONS:
An individual's spouse being a member of the United States armed
services, the subject of a military transfer, and the individual having
left employment to accompany the spouse are added to the list of non-
disqualifying reasons for separation from employment. Individuals who
fall under these circumstances are therefore eligible for unemployment
compensation benefits.
If the individual was previously employed by a contributory employer,
the benefits are not charged to the employer and are paid from the mutu-
alized account in the Unemployment Compensation Fund. This account is a
separate account in the fund the primary use of which is to pay benefits
when an employer's account cannot be charged for those benefits. If the
employer was a reimbursing employer, the employer pays the benefits by
reimbursing the fund.
JUSTIFICATION:
The Unemployment Compensation Law includes certain conditions that an
individual must meet and certain procedures the individual must follow
in order to qualify for unemployment compensation benefits. It also
specifies disqualifying factors for those who lose jobs and, in such
cases, procedures under which an individual may remove the disqualifica-
tion. Qualification is generally easy when a valid application issubmit-
ted, a proper claim made for benefits, registration made at an unemploy-
ment office, and the individual can and actively seeks employment.
An application for benefits is valid if the filing individual is unem-
ployed, has separated from employment for a non-disqualifying reason,was
employed by an employer or employers who are subject to the Unemployment
Compensation Law for at least 20 weeks within the calendar year preced-
ing the first day of the individual's alternate base period, and has
earned an average weekly wage of less than 27.5% of the statewide aver-
age weekly wage for that 20-week minimum period. Unemployment Compen-
sation is funded through a federal-state partnership. Federal law
requires each state to establish its own unemployment compensation fund
for purposes of paying unemployment benefits so that employers receive
tax credit under the Unemployment Tax Act. States can determine how much
to pay in unemployment benefits, meaning that state system must pay
whatever the state establishes, and no more. In the event of a depletion
of the state's fund, a governor may apply to the U.S. Secretary of Labor
To get a three-month advance for the payment of unemployment benefits if
the state can't pay its benefits. Having received federal advance money
makes a state more restricted in the changes it can make to its unem-
ployment compensation system. The state is then unable to take action
which will reduce either its unemployment tax effort or decrease the
solvency of its unemployment compensation system. However, despite
these restrictions, the U.S. Department of Labor has stated that similar
bills did not interfere with the requirements of the federal Unemploy-
ment Compensation Law.
LEGISLATIVE HISTORY:
2019-2020: S.3062 Referred to Labor 2017-2018: S.306 Passed Senate
2015-2016: S.3633A - Ordered to third reading, cal. 13572014: S.6629 -
Passed Senate
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
