STATE OF NEW YORK
________________________________________________________________________
1973--A
2011-2012 Regular Sessions
IN ASSEMBLY
January 12, 2011
___________
Introduced by M. of A. LANCMAN -- read once and referred to the Commit-
tee on Labor -- committee discharged, bill amended, ordered reprinted
as amended and recommitted to said committee
AN ACT to amend the labor law, in relation to the calculation of weekly
unemployment insurance benefits for workers who are partially unem-
ployed; and to repeal 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. This act shall be known and may be cited as the "unemploy-
2 ment insurance reform act".
3 § 2. Section 522 of the labor law, as amended by chapter 720 of the
4 laws of 1953, is amended to read as follows:
5 § 522. Total unemployment and partial unemployment. "Total unemploy-
6 ment" means the total lack of any employment [on any day] during any
7 week. "Partial unemployment" means any employment during any week that
8 is less than full-time employment so long as the compensation paid is
9 less than the claimant's weekly benefit rate plus the claimant's partial
10 benefit credit. The term "employment" as used in this section means any
11 employment including that not defined in this title.
12 § 3. Section 523 of the labor law is REPEALED and a new section 523 is
13 added to read as follows:
14 § 523. Effective week. "Effective week" means (a) a week during which
15 a claimant performs no services for which the claimant is paid compen-
16 sation, or (b) a week during which a claimant performs services on a
17 part-time basis for which the claimant is paid compensation that is less
18 than the claimant's weekly benefit rate plus his or her partial benefit
19 credit.
20 § 4. The labor law is amended by adding a new section 514-a to read as
21 follows:
22 § 514-a. Partial benefit credit. "Partial benefit credit" means that
23 part of the compensation, if any, paid to a claimant with respect to a
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04128-02-1
A. 1973--A 2
1 week for which benefits are claimed under the provisions of this chapter
2 which is not in excess of fifty per centum of the individual's weekly
3 benefit rate, or seventy-two dollars and fifty cents, whichever is the
4 greater. Such partial benefit credit, if not a multiple of one dollar,
5 shall be computed to the next higher multiple of one dollar.
6 § 5. Subdivision 4 of section 527 of the labor law, as amended by
7 chapter 832 of the laws of 1968 and as renumbered by chapter 381 of the
8 laws of 1984, is amended to read as follows:
9 4. General condition. A valid original claim may be filed only in a
10 week [in which the claimant has at least one effective day of unemploy-
11 ment] that qualifies as an effective week of unemployment for the claim-
12 ant.
13 § 6. Subparagraph 2 of paragraph (e) of subdivision 1 of section 581
14 of the labor law, as amended by chapter 282 of the laws of 2002, clause
15 (v) as added by chapter 106 of the laws of 2007, is amended to read as
16 follows:
17 (2) Benefits payable to any claimant with respect to the claimant's
18 then current benefit year shall be charged, when paid, to the account of
19 the last employer prior to the filing of a valid original claim in an
20 amount equal to seven times the claimant's benefit rate. Thereafter,
21 such charges shall be made to the account of each employer in the base
22 period used to establish the valid original claim in the same proportion
23 that the remuneration paid by each employer to the claimant during that
24 base period bears to the remuneration paid by all employers to the
25 claimant during that base period except as provided below:
26 (i) In those instances where the claimant may not utilize wages paid
27 to establish entitlement based upon subdivision ten of section five
28 hundred ninety of this article and an educational institution is the
29 claimant's last employer prior to the filing of the claim for benefits,
30 or the claimant performed services in such educational institution in
31 such capacity while employed by an educational service agency which is
32 the claimant's last employer prior to the filing of the claim for bene-
33 fits, such employer shall not be liable for benefit charges for the
34 first [twenty-eight effective days] seven effective weeks of benefits
35 paid as otherwise provided by this section. Under such circumstances,
36 benefits paid shall be charged to the general account. In addition,
37 wages paid during the base period by such educational institutions, or
38 for services in such educational institutions for claimants employed by
39 an educational service agency shall not be considered base period wages
40 during periods that such wages may not be used to gain entitlement to
41 benefits pursuant to subdivision ten of section five hundred ninety of
42 this article.
43 (ii) In those instances where the claimant may not utilize wages paid
44 to establish entitlement based upon subdivision eleven of section five
45 hundred ninety of this article and an educational institution is the
46 claimant's last employer prior to the filing of the claim for benefits,
47 or the claimant performed services in such educational institution in
48 such capacity while employed by an educational service agency which is
49 the claimant's last employer prior to the filing of the claim for bene-
50 fits, such employer shall not be liable for benefit charges for the
51 first [twenty-eight effective days] seven effective weeks of benefits
52 paid as otherwise provided by this section. Under such circumstances,
53 benefits paid will be charged to the general account. In addition, wages
54 paid during the base period by such educational institutions, or for
55 services in such educational institutions for claimants employed by an
56 educational service agency shall not be considered base period wages
A. 1973--A 3
1 during periods that such wages may not be used to gain entitlement to
2 benefits pursuant to subdivision eleven of section five hundred ninety
3 of this article. However, in those instances where a claimant was not
4 afforded an opportunity to perform services for the educational institu-
5 tion for the next academic year or term after reasonable assurance was
6 provided, such employer shall be liable for benefit charges as provided
7 for in this paragraph for any retroactive payments made to the claimant.
8 (iii) 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
10 such employer is not a base-period employer, payments equaling the first
11 [twenty-eight effective days] seven effective weeks of benefits as
12 otherwise prescribed by this section shall be charged to the general
13 account. In those instances where the federal government is the claim-
14 ant's last employer prior to the filing of the claim for benefits and a
15 base-period employer, such employer shall be liable for charges for all
16 benefits paid on such claim in the same proportion that the remuneration
17 paid by such employer during the base period bears to the remuneration
18 paid by all employers during the base period. In addition, benefit
19 payment charges for the first [twenty-eight effective days] seven effec-
20 tive weeks of benefits other than those chargeable to the federal
21 government as prescribed above shall be made to the general account.
22 (iv) In those instances where a combined wage claim is filed pursuant
23 to interstate reciprocal agreements and the claimant's last employer
24 prior to the filing of the claim is an out-of-state employer and such
25 employer is not a base-period employer, benefit payments equaling the
26 first [twenty-eight effective days] seven effective weeks of benefits as
27 otherwise prescribed by this section shall be charged to the general
28 account. In those instances where the out-of-state employer is the last
29 employer prior to the filing of the claim for benefits and a base-period
30 employer such employer shall be liable for charges for all benefits paid
31 on such claim in the same proportion that the remuneration paid by such
32 employer during the base period bears to the remuneration paid by all
33 employers during the base period. In addition, benefit payment charges
34 for the [twenty-eight effective days] seven effective weeks of benefits
35 other than those chargeable to the out-of-state employer as prescribed
36 above shall be made to the general account.
37 (v) In those instances where the last employer prior to the filing of
38 a valid original claim has paid total remuneration to the claimant
39 during the period from the start of the base period used to establish
40 the benefit claim until the date of the claimant's filing of the valid
41 original claim in an amount less than or equal to six times the claim-
42 ant's benefit rate and the last employer has substantiated such amount
43 to the satisfaction of the commissioner within ten days of the commis-
44 sioner's original notice of potential charges to such last employer's
45 account, benefits shall be charged as follows: benefits payable to the
46 claimant with respect to the claimant's then current benefit year shall
47 be charged, when paid, to the account of such last employer prior to the
48 filing of a valid original claim in an amount equal to the lowest whole
49 number (one, two, three, four, five, or six) times the claimant's bene-
50 fit rate where the product of such lowest whole number times the claim-
51 ant's benefit rate is equal to or greater than such total remuneration
52 paid by such last employer to the claimant. Thereafter, such charges
53 shall be made to the account of each employer in the base period used to
54 establish the valid original claim in the same proportion that the
55 remuneration paid by each employer to the claimant during that base
56 period bears to the remuneration paid by all employers to the claimant
A. 1973--A 4
1 during that base period. Notice of such recalculation of potential
2 charges shall be given to the last employer and each employer of the
3 claimant in the base period used to establish the valid original claim.
4 § 7. Subdivision 1 of section 590 of the labor law, as amended by
5 chapter 645 of the laws of 1951, is amended to read as follows:
6 1. Entitlement to benefits. A claimant shall be entitled to accumulate
7 effective [days] weeks for the purpose of benefit rights only if he or
8 she has complied with the provisions of this article regarding the
9 filing of his or her claim, including the filing of a valid original
10 claim, registered as totally or partially unemployed, reported his or
11 her subsequent employment and unemployment, and reported for work or
12 otherwise given notice of the continuance of his or her unemployment.
13 § 8. Subdivision 3 of section 590 of the labor law, as amended by
14 chapter 645 of the laws of 1951, is amended to read as follows:
15 3. Compensable periods. Benefits shall be paid for each [accumulation
16 of] effective [days within a] week.
17 § 9. Subdivision 4 of section 590 of the labor law, as amended by
18 chapter 457 of the laws of 1987, is amended to read as follows:
19 4. Duration. Benefits shall not be paid for more than [one hundred and
20 four effective days] twenty-six effective weeks in any benefit year,
21 except as provided in section six hundred one and subdivision two of
22 section five hundred ninety-nine of this chapter.
23 § 10. Subdivision 5 of section 590 of the labor law, as amended by
24 chapter 413 of the laws of 2003, is amended to read as follows:
25 5. Benefit rate. A claimant's weekly benefit amount shall be one twen-
26 ty-sixth of the remuneration paid during the highest calendar quarter of
27 the base period by employers, liable for contributions or payments in
28 lieu of contributions under this article. However, for claimants whose
29 high calendar quarter remuneration during the base period is three thou-
30 sand five hundred seventy-five dollars or less, the benefit amount shall
31 be one twenty-fifth of the remuneration paid during the highest calendar
32 quarter of the base period by employers liable for contributions or
33 payments in lieu of contributions under this article. Any claimant who
34 is partially unemployed with respect to any effective week shall be
35 paid, with respect to such effective week, a benefit amount equal to his
36 or her weekly benefit amount less the total of the remuneration, if any,
37 paid or payable to him or her with respect to such week for services
38 performed which is in excess of his or her partial benefit credit.
39 However, any claimant who is partially unemployed with respect to any
40 effective week but whose employment is limited to one day during that
41 effective week and whose remuneration paid or payable to him or her with
42 respect to such week for services performed is equal to or greater than
43 three hundred two dollars, shall be paid, with respect to such effective
44 week, a benefit amount equal to three-quarters of his or her weekly
45 benefit amount, if and only if that amount is greater than what the
46 claimant would have received had his or her benefit amount been computed
47 as the weekly benefit amount less the total of the remuneration, if any,
48 paid or payable to him or her with respect to such week for services
49 performed which is in excess of his or her partial benefit credit. Any
50 claimant whose high calendar quarter remuneration during the base period
51 is more than three thousand five hundred seventy-five dollars shall not
52 have a weekly benefit amount less than one hundred forty-three dollars.
53 The weekly benefit amount, so computed, that is not a multiple of one
54 dollar shall be lowered to the next multiple of one dollar. On the first
55 Monday of September, nineteen hundred ninety-eight the weekly benefit
56 amount shall not exceed three hundred sixty-five dollars nor be less
A. 1973--A 5
1 than forty dollars, until the first Monday of September, two thousand,
2 at which time the maximum benefit payable pursuant to this subdivision
3 shall equal one-half of the state average weekly wage for covered
4 employment as calculated by the department no sooner than July first,
5 two thousand and no later than August first, two thousand, rounded down
6 to the lowest dollar.
7 § 11. Subdivision 6 of section 590 of the labor law, as added by chap-
8 ter 720 of the laws of 1953 and as renumbered by chapter 675 of the laws
9 of 1977, is amended to read as follows:
10 6. Notification requirement. No effective [day] week shall be counted
11 for any purposes except effective [days] weeks as to which notification
12 has been given in a manner prescribed by the commissioner.
13 § 12. Subdivision 7 of section 590 of the labor law, as amended by
14 chapter 415 of the laws of 1983, is amended to read as follows:
15 7. Waiting period. A claimant shall not be entitled to accumulate
16 effective [days] weeks for the purpose of benefit payments until he or
17 she has accumulated a waiting period of [four effective days either
18 wholly within the week in which he established his valid original claim
19 or partly within such week and partly within his benefit year initiated
20 by such claim] one effective week.
21 § 13. Subdivision 1 of section 591 of the labor law, as amended by
22 chapter 413 of the laws of 2003, is amended to read as follows:
23 1. Unemployment. Benefits, except as provided in section five hundred
24 ninety-one-a of this title, shall be paid only to a claimant who is
25 totally unemployed or partially unemployed and who is unable to engage
26 in his or her usual employment or in any other for which he or she is
27 reasonably fitted by training and experience. A claimant who is receiv-
28 ing benefits under this article shall not be denied such benefits pursu-
29 ant to this subdivision or to subdivision two of this section because of
30 such claimant's service on a grand or petit jury of any state or of the
31 United States.
32 § 14. Subdivision 1 of section 591 of the labor law, as amended by
33 chapter 446 of the laws of 1981, is amended to read as follows:
34 1. Unemployment. Benefits shall be paid only to a claimant who is
35 totally unemployed or partially unemployed and who is unable to engage
36 in his or her usual employment or in any other for which he or she is
37 reasonably fitted by training and experience. A claimant who is receiv-
38 ing benefits under this article shall not be denied such benefits pursu-
39 ant to this subdivision or to subdivision two of this section because of
40 such claimant's service on a grand or petit jury of any state or of the
41 United States.
42 § 15. Subparagraph (i) of paragraph (b) of subdivision 2 of section
43 591-a of the labor law, as added by chapter 413 of the laws of 2003, is
44 amended to read as follows:
45 (i) requirements relating to total unemployment and partial unemploy-
46 ment, as defined in section five hundred twenty-two of this article,
47 availability for work, as set forth in subdivision two of section five
48 hundred ninety-one of this title and refusal to accept work, as set
49 forth in subdivision two of section five hundred ninety-three of this
50 title, are not applicable to such individuals;
51 § 16. Subdivision 2 of section 592 of the labor law, as amended by
52 chapter 415 of the laws of 1983, is amended to read as follows:
53 2. Concurrent payments prohibited. No [days] weeks of total unemploy-
54 ment or partial unemployment shall be deemed to occur in any week with
55 respect to which [or a part of which] a claimant has received or is
56 seeking unemployment benefits under an unemployment compensation law of
A. 1973--A 6
1 any other state or of the United States, provided that this provision
2 shall not apply if the appropriate agency of such other state or of the
3 United States finally determines that he or she is not entitled to such
4 unemployment benefits.
5 § 17. Paragraph (a) of subdivision 1 of section 593 of the labor law,
6 as amended by chapter 35 of the laws of 2009, is amended to read as
7 follows:
8 (a) No [days] weeks of total unemployment or partial unemployment
9 shall be deemed to occur after a claimant's voluntary separation without
10 good cause from employment until he or she has subsequently worked in
11 employment and earned remuneration at least equal to five times his or
12 her weekly benefit rate. In addition to other circumstances that may be
13 found to constitute good cause, including a compelling family reason as
14 set forth in paragraph (b) of this subdivision, voluntary separation
15 from employment shall not in itself disqualify a claimant if circum-
16 stances have developed in the course of such employment that would have
17 justified the claimant in refusing such employment in the first instance
18 under the terms of subdivision two of this section or if the claimant,
19 pursuant to an option provided under a collective bargaining agreement
20 or written employer plan which permits waiver of his or her right to
21 retain the employment when there is a temporary layoff because of lack
22 of work, has elected to be separated for a temporary period and the
23 employer has consented thereto.
24 § 18. Subdivision 2 of section 593 of the labor law, as amended by
25 chapter 415 of the laws of 1983, the opening paragraph as amended by
26 chapter 5 of the laws of 2000, paragraph (a) as added by chapter 589 of
27 the laws of 1998 and paragraphs (d) and (e) as amended by chapter 35 of
28 the laws of 2009, is amended to read as follows:
29 2. Refusal of employment. No [days] weeks of total unemployment or
30 partial unemployment shall be deemed to occur beginning with the [day
31 on] week in which a claimant, without good cause, refuses to accept an
32 offer of employment for which he or she is reasonably fitted by training
33 and experience, including employment not subject to this article, until
34 he has subsequently worked in employment and earned remuneration at
35 least equal to five times his or her weekly benefit rate. Except that
36 claimants who are not subject to a recall date or who do not obtain
37 employment through a union hiring hall and who are still unemployed
38 after receiving thirteen weeks of benefits shall be required to accept
39 any employment proffered that such claimants are capable of performing,
40 provided that such employment would result in a wage not less than
41 eighty percent of such claimant's high calendar quarter wages received
42 in the base period and not substantially less than the prevailing wage
43 for similar work in the locality as provided for in paragraph (d) of
44 this subdivision. No refusal to accept employment shall be deemed with-
45 out good cause nor shall it disqualify any claimant otherwise eligible
46 to receive benefits if:
47 (a) a refusal to accept employment which would interfere with a claim-
48 ant's right to join or retain membership in any labor organization or
49 otherwise interfere with or violate the terms of a collective bargaining
50 agreement shall be with good cause;
51 (b) there is a strike, lockout, or other industrial controversy in the
52 establishment in which the employment is offered; or
53 (c) the employment is at an unreasonable distance from his or her
54 residence, or travel to and from the place of employment involves
55 expense substantially greater than that required in his or her former
56 employment unless the expense be provided for; or
A. 1973--A 7
1 (d) the wages or compensation or hours or conditions offered are
2 substantially less favorable to the claimant than those prevailing for
3 similar work in the locality, or are such as tend to depress wages or
4 working conditions; or
5 (e) the claimant is seeking part-time work as provided in subdivision
6 five of section five hundred ninety-six of this title and the offer of
7 employment is not comparable to his or her part-time work as defined in
8 such subdivision.
9 § 19. Subdivision 3 of section 593 of the labor law, as amended by
10 chapter 589 of the laws of 1998, is amended to read as follows:
11 3. Misconduct. No [days] weeks of total unemployment or partial unem-
12 ployment shall be deemed to occur after a claimant lost employment
13 through misconduct in connection with his or her employment until he or
14 she has subsequently worked in employment and earned remuneration at
15 least equal to five times his or her weekly benefit rate.
16 § 20. Subdivision 4 of section 593 of the labor law, as amended by
17 chapter 589 of the laws of 1998, is amended to read as follows:
18 4. Criminal acts. No [days] weeks of total unemployment or partial
19 unemployment shall be deemed to occur during a period of twelve months
20 after a claimant loses employment as a result of an act constituting a
21 felony in connection with such employment, provided the claimant is duly
22 convicted thereof or has signed a statement admitting that he or she has
23 committed such an act. Determinations regarding a benefit claim may be
24 reviewed at any time. Any benefits paid to a claimant prior to a deter-
25 mination that the claimant has lost employment as a result of such act
26 shall not be considered to have been accepted by the claimant in good
27 faith. In addition, remuneration paid to the claimant by the affected
28 employer prior to the claimant's loss of employment due to such criminal
29 act may not be utilized for the purpose of establishing entitlement to a
30 subsequent, valid original claim. The provisions of this subdivision
31 shall apply even if the employment lost as a result of such act is not
32 the claimant's last employment prior to the filing of his or her claim.
33 § 21. Section 594 of the labor law, as amended by chapter 728 of the
34 laws of 1952, the opening paragraph as amended by chapter 139 of the
35 laws of 1968, is amended to read as follows:
36 § 594. Reduction of benefits for false statement. A claimant who has
37 wilfully made a false statement or representation to obtain any benefit
38 under the provisions of this article shall forfeit benefits for at least
39 the first [four] one but not more than the first [eighty] twenty effec-
40 tive [days] weeks following discovery of such offense for which he
41 otherwise would have been entitled to receive benefits. Such penalty
42 shall apply only once with respect to each such offense.
43 For the purpose of subdivision four of section five hundred ninety of
44 this [article] title, the claimant shall be deemed to have received
45 benefits for such forfeited effective [days] weeks.
46 The penalty provided in this section shall not be confined to a single
47 benefit year but shall no longer apply in whole or in part after the
48 expiration of two years from the date on which the offense was commit-
49 ted.
50 A claimant shall refund all moneys received because of such false
51 statement or representation made by him or her.
52 § 22. Subdivision 1 of section 596 of the labor law, as amended by
53 chapter 204 of the laws of 1982, is amended to read as follows:
54 1. Claim filing and certification to unemployment. A claimant shall
55 file a claim for benefits at the local state employment office serving
56 the area in which he or she was last employed or in which he or she
A. 1973--A 8
1 resides within such time and in such manner as the commissioner shall
2 prescribe. He or she shall disclose whether he or she owes child support
3 obligations, as hereafter defined. If a claimant making such disclosure
4 is eligible for benefits, the commissioner shall notify the state or
5 local child support enforcement agency, as hereafter defined, that the
6 claimant is eligible.
7 A claimant shall correctly report any [days] weeks of employment and
8 any compensation he or she received for such employment, including
9 employments not subject to this article, and the [days on] weeks during
10 which he or she was totally unemployed or partially unemployed and shall
11 make such reports in accordance with such regulations as the commission-
12 er shall prescribe.
13 § 23. Subdivision 4 of section 596 of the labor law, as added by chap-
14 ter 705 of the laws of 1944 and as renumbered by section 148-a of part B
15 of chapter 436 of the laws of 1997, is amended to read as follows:
16 4. Registration and reporting for work. A claimant shall register as
17 totally unemployed or partially unemployed at a local state employment
18 office serving the area in which he or she was last employed or in which
19 he or she resides in accordance with such regulations as the commission-
20 er shall prescribe. After so registering, such claimant shall report for
21 work at the same local state employment office or otherwise give notice
22 of the continuance of his or her unemployment as often and in such
23 manner as the commissioner shall prescribe.
24 § 24. Paragraph (a) of subdivision 2 of section 599 of the labor law,
25 as amended by chapter 593 of the laws of 1991, is amended to read as
26 follows:
27 (a) Notwithstanding any other provision of this chapter, a claimant
28 attending an approved training course or program under this section may
29 receive additional benefits of up to [one hundred four] twenty-six
30 effective [days] weeks following exhaustion of regular and, if in
31 effect, any other extended benefits, provided that entitlement to a new
32 benefit claim cannot be established. Certification of continued satis-
33 factory participation and progress in such training course or program
34 must be submitted to the commissioner prior to the payment of any such
35 benefits. The duration of such additional benefits shall in no case
36 exceed twice the number of effective [days] weeks of regular benefits to
37 which the claimant is entitled at the time the claimant is accepted in,
38 or demonstrates application for appropriate training.
39 § 25. Subdivision 1 of section 600 of the labor law, as added by chap-
40 ter 793 of the laws of 1963, is amended to read as follows:
41 1. Reduction of benefit rate. If a claimant retires or is retired from
42 employment by an employer and, due to such retirement, is receiving a
43 pension or retirement payment under a plan financed in whole or in part
44 by such employer, such claimant's benefit rate for [four] one effective
45 [days] week otherwise applicable under subdivision seven of section five
46 hundred ninety of this title shall be reduced as hereinafter provided.
47 § 26. Subdivision 2 of section 601 of the labor law, as amended by
48 chapter 35 of the laws of 2009, is amended to read as follows:
49 2. Eligibility conditions. Extended benefits shall be payable to a
50 claimant for effective [days] weeks occurring [in any week] within an
51 eligibility period, provided the claimant
52 (a) has exhausted his or her rights to regular benefits under this
53 article in his or her current benefit year or, his or her benefit year
54 having expired prior to such week, he or she does not have the required
55 weeks of employment or earnings to establish a new benefit year, and he
A. 1973--A 9
1 or she has no rights to benefits under the unemployment insurance law of
2 any other state;
3 (b) has no rights to unemployment benefits or allowances under the
4 railroad unemployment insurance act, the trade expansion act of nineteen
5 hundred sixty-two, the automotive products trade act of nineteen hundred
6 sixty-five, or such other federal laws as are specified in regulations
7 issued by the secretary of labor of the United States;
8 (c) has not received and is not seeking unemployment benefits under
9 the unemployment compensation law of the Virgin Islands or of Canada
10 unless, if he or she is seeking such benefits, the appropriate agency
11 finally determines that he or she is not entitled to benefits under such
12 law;
13 (d) has satisfied the conditions of this article, required to render a
14 claimant eligible for regular benefits, which are applicable to extended
15 benefits, including not being subject to a disqualification or suspen-
16 sion;
17 (e) is not claiming benefits pursuant to an interstate claim filed
18 under the interstate benefit payment plan in a state where an extended
19 benefit period is not in effect, except that this condition shall not
20 apply with respect to the first [eight] two effective [days] weeks for
21 which extended benefits shall otherwise be payable pursuant to an inter-
22 state claim filed under the interstate benefit payment plan; and
23 (f) in his or her base period has remuneration of one and one-half
24 times the high calendar quarter earnings in accordance with section five
25 hundred twenty-seven of this article.
26 § 27. Subdivision 3 of section 601 of the labor law, as amended by
27 chapter 35 of the laws of 2009, is amended to read as follows:
28 3. Extended benefit amounts; rate and duration. Extended benefits
29 shall be paid to a claimant
30 (a) at a rate equal to his or her rate for regular benefits during his
31 or her applicable benefit year but
32 (b) for not more than [fifty-two] thirteen effective [days] weeks with
33 respect to his or her applicable benefit year, with a total maximum
34 amount equal to fifty [percentum] per centum of the total maximum amount
35 of regular benefits payable in such benefit year, and
36 (c) if a claimant's benefit year ends within an extended benefit peri-
37 od, the remaining balance of extended benefits to which he or she would
38 be entitled, if any, shall be reduced by the number of effective [days]
39 weeks for which he or she was entitled to receive trade readjustment
40 allowances under the federal trade act of nineteen hundred seventy-four
41 during such benefit year, and
42 (d) for periods of high unemployment for not more than eighty effec-
43 tive days with respect to the applicable benefit year with a total maxi-
44 mum amount equal to eighty percent of the total maximum amount of regu-
45 lar benefits payable in such benefit year.
46 § 28. Subdivision 4 of section 601 of the labor law, as amended by
47 chapter 35 of the laws of 2009, is amended to read as follows:
48 4. Charging of extended benefits. The provisions of paragraph (e) of
49 subdivision one of section five hundred eighty-one of this article shall
50 apply to benefits paid pursuant to the provisions of this section, and
51 if they were paid for effective [days occurring in] weeks following the
52 end of a benefit year, they shall be deemed paid with respect to that
53 benefit year. However, except for governmental entities as defined in
54 section five hundred sixty-five and Indian tribes as defined in section
55 five hundred sixty-six of this article, only one-half of the amount of
56 such benefits shall be debited to the employers' account; the remainder
A. 1973--A 10
1 thereof shall be debited to the general account, and such account shall
2 be credited with the amount of payments received in the fund pursuant to
3 the provisions of the federal-state extended unemployment compensation
4 act. Notwithstanding the foregoing, where the state has entered an
5 extended benefit period triggered pursuant to subparagraph one of para-
6 graph (a) of subdivision one of this section for which federal law
7 provides for one hundred percent federal sharing of the costs of bene-
8 fits, all charges shall be debited to the general account and such
9 account shall be credited with the amount of payments received in the
10 fund pursuant to the provisions of the federal-state extended unemploy-
11 ment compensation act or other federal law providing for one hundred
12 percent federal sharing for the cost of such benefits.
13 § 29. Paragraph (b) of subdivision 5 of section 601 of the labor law,
14 as amended by chapter 35 of the laws of 2009, is amended to read as
15 follows:
16 (b) No [days] weeks of total unemployment or partial unemployment
17 shall be deemed to occur [in any week] within an eligibility period
18 during which a claimant fails to accept any offer of suitable work or
19 fails to apply for suitable work to which he or she was referred by the
20 commissioner, who shall make such referral if such work is available, or
21 during which he or she fails to engage actively in seeking work by
22 making a systematic and sustained effort to obtain work and providing
23 tangible evidence of such effort, and until he or she has worked in
24 employment during at least four subsequent weeks and earned remuneration
25 of at least four times his or her benefit rate.
26 § 30. Paragraph (e) of subdivision 5 of section 601 of the labor law,
27 as amended by chapter 35 of the laws of 2009, is amended to read as
28 follows:
29 (e) No [days] weeks of total unemployment or partial unemployment
30 shall be deemed to occur [in any week] within an eligibility period
31 under section five hundred ninety-three of this [article] title, until
32 he or she has subsequently worked in employment in accordance with the
33 requirements set forth in section five hundred ninety-three of this
34 [article] title.
35 § 31. Section 603 of the labor law, as added by chapter 438 of the
36 laws of 1985, is amended to read as follows:
37 § 603. Definitions. For purposes of this title: "Total unemployment"
38 shall mean the total lack of any employment [on any day] during any week
39 and "partial unemployment" shall mean any employment during any week
40 that is less than full-time employment so long as the compensation paid
41 is less than the claimant's weekly benefit rate plus the claimant's
42 partial benefit credit, other than with an employer applying for a
43 shared work program. "Full time hours" shall mean at least thirty-five
44 but not more than forty hours per week, and shall not include overtime
45 as defined in the Fair Labor Standards Act. "Work force" shall mean the
46 total work force, a clearly identifiable unit or units thereof, or a
47 particular shift or shifts.
48 § 32. This act shall take effect immediately; provided, however, that
49 the amendments to subdivision 1 of section 591 of the labor law made by
50 section thirteen of this act shall be subject to the expiration and
51 reversion of such subdivision pursuant to section 10 of chapter 413 of
52 the laws of 2003, as amended, when upon such date the provisions of
53 section fourteen of this act shall take effect; provided, further,
54 however, that the amendment to section 591-a of the labor law made by
55 section fifteen of this act shall not affect the repeal of such section
56 and shall be deemed repealed therewith.
