STATE OF NEW YORK
________________________________________________________________________
2158
2019-2020 Regular Sessions
IN ASSEMBLY
January 22, 2019
___________
Introduced by M. of A. RICHARDSON, NIOU -- Multi-Sponsored by -- M. of
A. D'URSO, ORTIZ, SIMON -- read once and referred to the Committee on
Labor
AN ACT to amend the labor law, in relation to the unemployment insurance
law, increasing the maximum benefit rate for unemployment insurance
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 1 of section 518 of the labor
2 law, as amended by section 1 of part O of chapter 57 of the laws of
3 2013, is amended to read as follows:
4 (a) "Wages" means all remuneration paid, except that such term does
5 not include remuneration paid to an employee by an employer after eight
6 thousand five hundred dollars have been paid to such employee by such
7 employer with respect to employment during any calendar year, except
8 that such term does not include remuneration paid to an employee by an
9 employer with respect to employment during any calendar year beginning
10 with the first day of
11 that exceeds
12 January 2014 $10,300
13 January 2015 $10,500
14 January 2016 $10,700
15 January 2017 $10,900
16 January 2018 [11,100]$12,500
17 January 2019 [$11,400
18 January 2020 $11,600
19 January 2021 $11,800
20 January 2022 $12,000
21 January 2023 $12,300
22 January 2024 $12,500
23 January 2025 $12,800
24 January 2026 $13,000
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04448-01-9
A. 2158 2
1 and each year thereafter on the first day of January that exceeds
2 sixteen percent of the state's average annual wage as determined by the
3 commissioner on an annual basis pursuant to section five hundred twen-
4 ty-nine of this article; provided, however, that in calculating such
5 maximum amount of remuneration, the amount arrived at by multiplying the
6 state's average annual wage times sixteen percent shall be rounded up to
7 the nearest hundred dollars. In no event shall the state's annual aver-
8 age wage be reduced from the amount determined in the previous year]
9 $13,500
10 In each succeeding calendar year, the department shall calculate the
11 base amount of remuneration necessary from which to produce sufficient
12 premium to provide for the annual increases in maximum weekly benefit
13 provided for in this article, and other funding for the unemployment
14 insurance trust fund pursuant to section five hundred fifty of this
15 article, as may be necessary. The term "employment" includes for the
16 purposes of this subdivision services constituting employment under any
17 unemployment compensation law of another state or the United States.
18 § 2. Paragraph (a) of subdivision 5 of section 590 of the labor law,
19 as amended by section 8 of part O of chapter 57 of the laws of 2013, is
20 amended to read as follows:
21 (a) A claimant's weekly benefit amount shall be one twenty-sixth of
22 the remuneration paid during the highest calendar quarter of the base
23 period by employers, liable for contributions or payments in lieu of
24 contributions under this article, provided the claimant has remuneration
25 paid in all four calendar quarters during his or her base period or
26 alternate base period. However, for any claimant who has remuneration
27 paid in all four calendar quarters during his or her base period or
28 alternate base period and whose high calendar quarter remuneration
29 during the base period is three thousand five hundred seventy-five
30 dollars or less, the benefit amount shall be one twenty-fifth of the
31 remuneration paid during the highest calendar quarter of the base period
32 by employers liable for contributions or payments in lieu of contrib-
33 utions under this article. A claimant's weekly benefit shall be one
34 twenty-sixth of the average remuneration paid in the two highest quar-
35 ters paid during the base period or alternate base period by employers
36 liable for contributions or payments in lieu of contributions under this
37 article when the claimant has remuneration paid in two or three calendar
38 quarters provided however, that a claimant whose high calendar quarter
39 is four thousand dollars or less but greater than three thousand five
40 hundred seventy-five dollars shall have a weekly benefit amount of one
41 twenty-sixth of such high calendar quarter. However, for any claimant
42 who has remuneration paid in two or three calendar quarters during his
43 or her base period or alternate base period and whose high calendar
44 quarter remuneration during the base period is three thousand five
45 hundred seventy-five dollars or less, the benefit amount shall be one
46 twenty-fifth of the remuneration paid during the highest calendar quar-
47 ter of the base period by employers liable for contributions or payments
48 in lieu of contributions under this article. Any claimant whose high
49 calendar quarter remuneration during the base period is more than three
50 thousand five hundred seventy-five dollars shall not have a weekly bene-
51 fit amount less than one hundred forty-three dollars. The weekly benefit
52 amount, so computed, that is not a multiple of one dollar shall be
53 [lowered to] the next multiple of one dollar. On the first Monday of
54 September, nineteen hundred ninety-eight the weekly benefit amount shall
55 not exceed three hundred sixty-five dollars nor be less than forty
56 dollars, until the first Monday of September, two thousand, at which
A. 2158 3
1 time the maximum benefit payable pursuant to this subdivision shall
2 equal one-half of the state average weekly wage for covered employment
3 as calculated by the department no sooner than July first, two thousand
4 and no later than August first, two thousand, rounded [down] to the
5 [lowest] next dollar. On and after the first Monday of October, two
6 thousand fourteen, the weekly benefit shall not be less than one hundred
7 dollars, nor shall it exceed four hundred twenty dollars until the first
8 Monday of October, two thousand fifteen when the maximum benefit amount
9 shall be four hundred twenty-five dollars, until the first Monday of
10 October, two thousand sixteen when the maximum benefit amount shall be
11 four hundred thirty dollars, until the first Monday of [October] July,
12 two thousand seventeen when the maximum benefit amount shall be [four]
13 five hundred [thirty-five] twenty-five dollars, until the first Monday
14 of [October] July, two thousand eighteen when the maximum benefit amount
15 shall be [four] six hundred [fifty] dollars, until the first Monday of
16 [October] July, two thousand nineteen when the maximum benefit amount
17 shall be [thirty-six percent of the average weekly wage] six hundred
18 fifty dollars, until the first Monday of [October] July, two thousand
19 twenty when the maximum benefit amount shall [be thirty-eight percent of
20 the average weekly wage, until the first Monday of October two thousand
21 twenty-one when the maximum benefit amount shall be forty percent of the
22 average weekly wage, until the first Monday of October, two thousand
23 twenty-two when the maximum benefit amount shall be forty-two percent of
24 the average weekly wage, until the first Monday of October, two thousand
25 twenty-three when the maximum benefit amount shall be forty-four percent
26 of the average weekly wage, until the first Monday of October, two thou-
27 sand twenty-four when the maximum benefit amount shall be forty-six
28 percent of the average weekly wage, until the first Monday of October,
29 two thousand twenty-five when the maximum benefit amount shall be
30 forty-eight percent of the average weekly wage, until the first Monday
31 of October, two thousand twenty-six and each year thereafter on the
32 first Monday of October when the maximum benefit amount shall be fifty
33 percent of the average weekly wage provided, however, that in no event
34 shall the maximum benefit amount be reduced from the previous year]
35 equal one-half of the state average weekly wage as calculated by the
36 department no sooner than July first, two thousand twenty and not later
37 than August first, two thousand twenty and on July first of each
38 succeeding year the maximum benefit shall equal one-half of the state
39 average weekly wage as calculated by the department annually pursuant to
40 the manner described in this subdivision. For purposes of this subdivi-
41 sion, the term "state average weekly wage" shall mean the average weekly
42 wage of the state for the previous calendar year as reported by the
43 commissioner to the superintendent of financial services on March thir-
44 ty-first.
45 § 3. This act shall take effect immediately and shall apply to all
46 claims filed on and after the effective date of this act; provided,
47 however, that section one of this act shall take effect on the thirtieth
48 day after it shall have become a law.