STATE OF NEW YORK
________________________________________________________________________
7150
2021-2022 Regular Sessions
IN ASSEMBLY
April 23, 2021
___________
Introduced by M. of A. RICHARDSON, NIOU -- Multi-Sponsored by -- M. of
A. DURSO, 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
17 January 2019 $11,400
18 January 2020 $11,600
19 January 2021 $11,800
20 January 2022 [$12,000] $12,500
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.
LBD04967-01-1
A. 7150 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. 7150 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, two
12 thousand seventeen when the maximum benefit amount shall be four hundred
13 thirty-five dollars, until the first Monday of October, two thousand
14 eighteen when the maximum benefit amount shall be four hundred fifty
15 dollars, until the first Monday of October, two thousand nineteen when
16 the maximum benefit amount shall be thirty-six percent of the average
17 weekly wage until the first Monday of October, two thousand twenty when
18 the maximum benefit amount shall be thirty-eight percent of the average
19 weekly wage, until the first Monday of [October] July two thousand twen-
20 ty-one when the maximum benefit amount shall be [forty percent of the
21 average weekly wage] six hundred fifty dollars, until the first Monday
22 of [October] July, two thousand twenty-two when the maximum benefit
23 amount shall [be forty-two percent of the average weekly wage, until the
24 first Monday of October, two thousand twenty-three when the maximum
25 benefit amount shall be forty-four percent of the average weekly wage,
26 until the first Monday of October, two thousand twenty-four when the
27 maximum benefit amount shall be forty-six percent of the average weekly
28 wage, until the first Monday of October, two thousand twenty-five when
29 the maximum benefit amount shall be forty-eight percent of the average
30 weekly wage, until the first Monday of October, two thousand twenty-six
31 and each year thereafter on the first Monday of October when the maximum
32 benefit amount shall be fifty percent of the average weekly wage
33 provided, however, that in no event shall the maximum benefit amount be
34 reduced from the previous year] equal one-half of the state average
35 weekly wage as calculated by the department no sooner than July first,
36 two thousand twenty-two and not later than August first, two thousand
37 twenty-two and on July first of each succeeding year the maximum benefit
38 shall equal one-half of the state average weekly wage as calculated by
39 the department annually pursuant to the manner described in this subdi-
40 vision. For purposes of this subdivision, the term "state average weekly
41 wage" shall mean the average weekly wage of the state for the previous
42 calendar year as reported by the commissioner to the superintendent of
43 financial services on March thirty-first.
44 § 3. This act shall take effect immediately and shall apply to all
45 claims filed on and after the effective date of this act; provided,
46 however, that section one of this act shall take effect on the thirtieth
47 day after it shall have become a law.
