STATE OF NEW YORK
________________________________________________________________________
6137--A
2011-2012 Regular Sessions
IN ASSEMBLY
March 8, 2011
___________
Introduced by M. of A. WRIGHT, LANCMAN, ABBATE, JAFFEE, COLTON, ROBIN-
SON, ROSENTHAL, DINOWITZ, MILLMAN, CLARK, NOLAN, MARKEY, RAMOS,
LIFTON, LAVINE, JEFFRIES, CASTRO, PERRY, BOYLAND, O'DONNELL, MENG,
BRONSON -- Multi-Sponsored by -- M. of A. AUBRY, BENEDETTO, BRENNAN,
CAHILL, CONTE, COOK, GUNTHER, HEASTIE, JACOBS, LATIMER, V. LOPEZ,
LUPARDO, McENENY, PAULIN, PEOPLES-STOKES, PRETLOW, RABBITT, RUSSELL,
SCHIMEL, SWEENEY, WEINSTEIN, WEISENBERG -- read once and referred to
the Committee on Labor -- recommitted to the Committee on Labor in
accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
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 chapter 589 of the laws of 1998, is amended to read
3 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] nine thousand seven hundred fifty dollars have
7 been paid to such employee by such employer with respect to employment
8 during any calendar year preceding the first day of January, two thou-
9 sand thirteen, nor to include remuneration paid to an employee by an
10 employer after twelve thousand five hundred dollars have been paid to
11 such employee by such employer with respect to employment during any
12 calendar year preceding the first day of January, two thousand fourteen,
13 nor to include remuneration paid to an employee by an employer after
14 thirteen thousand five hundred dollars have been paid to such employee
15 by such employer with respect to employment during any calendar year
16 preceding the first day of January, two thousand fifteen. In each
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03075-03-1
A. 6137--A 2
1 succeeding calendar year, the department shall calculate the base amount
2 of remuneration necessary from which to produce sufficient premium to
3 provide for the annual increases in maximum weekly benefit provided for
4 in this article, and other funding for the unemployment insurance trust
5 fund pursuant to section five hundred fifty of this article, as may be
6 necessary. The term "employment" includes for the purposes of this
7 subdivision services constituting employment under any unemployment
8 compensation law of another state or the United States.
9 § 2. Subdivision 5 of section 590 of the labor law, as amended by
10 chapter 413 of the laws of 2003, is amended to read as follows:
11 5. Benefit rate. A claimant's weekly benefit amount shall be one twen-
12 ty-sixth of the remuneration paid during the highest calendar quarter of
13 the base period by employers, liable for contributions or payments in
14 lieu of contributions under this article. However, for claimants whose
15 high calendar quarter remuneration during the base period is three thou-
16 sand five hundred seventy-five dollars or less, the benefit amount shall
17 be one twenty-fifth of the remuneration paid during the highest calendar
18 quarter of the base period by employers liable for contributions or
19 payments in lieu of contributions under this article. Any claimant
20 whose high calendar quarter remuneration during the base period is more
21 than three thousand five hundred seventy-five dollars shall not have a
22 weekly benefit amount less than one hundred forty-three dollars. The
23 weekly benefit amount, so computed, that is not a multiple of one dollar
24 shall be [lowered to] the next multiple of one dollar. On the first
25 Monday of September, nineteen hundred ninety-eight the weekly benefit
26 amount shall not exceed three hundred sixty-five dollars nor be less
27 than forty dollars, until the first Monday of September, two thousand,
28 at which time the maximum benefit payable pursuant to this subdivision
29 shall equal one-half of the state average weekly wage for covered
30 employment as calculated by the department no sooner than July first,
31 two thousand and no later than August first, two thousand, rounded
32 [down] to the [lowest] next dollar. On the first Monday of July, two
33 thousand twelve, the weekly benefit shall not exceed four hundred seven-
34 ty-five dollars nor less than seventy-five dollars, until the first
35 Monday of July, two thousand thirteen at which time the weekly benefit
36 shall not exceed five hundred twenty-five dollars, until the first
37 Monday of July, two thousand fourteen at which time the maximum weekly
38 benefit shall not exceed six hundred dollars until the first Monday of
39 July, two thousand fifteen, at which time the maximum weekly benefit
40 shall not exceed six hundred fifty dollars until the first Monday of
41 July, two thousand sixteen at which time the maximum benefit pursuant to
42 this subdivision shall equal one-half of the state average weekly wage
43 as calculated by the department no sooner than July first, two thousand
44 sixteen and not later than August first, two thousand sixteen and on
45 July first of each succeeding year the maximum benefit shall equal one-
46 half of the state average weekly wage as calculated by the department
47 annually pursuant to the manner described in this subdivision. For
48 purposes of this subdivision, the term "state average weekly wage" shall
49 mean the average weekly wage of the state for the previous calendar year
50 as reported by the commissioner to the superintendent of financial
51 services on March thirty-first.
52 § 3. This act shall take effect immediately and shall apply to all
53 claims filed on and after the effective date of this act; provided,
54 however, that section one of this act shall take effect on the thirtieth
55 day after it shall have become a law.
