S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6139

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              March 8, 2011
                               ___________

Introduced by M. of A. WRIGHT -- read once and referred to the Committee
  on Labor

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 the labor law relating
  thereto

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 522 of the labor law, as amended by chapter 720 of
the laws of 1953, is amended to read as follows:
  S 522. Total unemployment AND PARTIAL UNEMPLOYMENT.  "Total  unemploy-
ment"  means  the  total  lack of any employment [on any day] DURING ANY
WEEK. "PARTIAL UNEMPLOYMENT" MEANS ANY EMPLOYMENT DURING ANY  WEEK  THAT
IS  LESS  THAN  FULL-TIME EMPLOYMENT SO LONG AS THE COMPENSATION PAID IS
LESS THAN THE CLAIMANT'S WEEKLY BENEFIT RATE PLUS THE CLAIMANT'S PARTIAL
BENEFIT CREDIT.  The term "employment" as used in this section means any
employment including that not defined in this title.
  S 2. Section 523 of the labor law is REPEALED and a new section 523 is
added to read as follows:
  S 523. EFFECTIVE WEEK. "EFFECTIVE WEEK" MEANS (A) A WEEK DURING  WHICH
A  CLAIMANT  PERFORMS NO SERVICES FOR WHICH THE CLAIMANT IS PAID COMPEN-
SATION, OR (B) A WEEK DURING WHICH A CLAIMANT  PERFORMS  SERVICES  ON  A
PART-TIME BASIS FOR WHICH THE CLAIMANT IS PAID COMPENSATION THAT IS LESS
THAN  THE CLAIMANT'S WEEKLY BENEFIT RATE PLUS HIS OR HER PARTIAL BENEFIT
CREDIT.
  S 3. The labor law is amended by adding a new section 514-a to read as
follows:
  S 514-A. PARTIAL BENEFIT CREDIT. "PARTIAL BENEFIT CREDIT"  MEANS  THAT
PART  OF  THE COMPENSATION, IF ANY, PAID TO A CLAIMANT WITH RESPECT TO A
WEEK FOR WHICH BENEFITS ARE CLAIMED UNDER THE PROVISIONS OF THIS CHAPTER
WHICH IS NOT IN EXCESS OF FORTY PER CENTUM OF  THE  INDIVIDUAL'S  WEEKLY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04128-03-1
              

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BENEFIT  RATE,  OR SEVENTY-ONE DOLLARS AND FIFTY CENTS, WHICHEVER IS THE
GREATER. SUCH PARTIAL BENEFIT CREDIT, IF NOT A MULTIPLE OF  ONE  DOLLAR,
SHALL BE COMPUTED TO THE NEXT HIGHER MULTIPLE OF ONE DOLLAR.
  S  4.  Subdivision  4  of  section 527 of the labor law, as amended by
chapter 832 of the laws of 1968 and as renumbered by chapter 381 of  the
laws of 1984, is amended to read as follows:
  4.  General  condition.  A valid original claim may be filed only in a
week [in which the claimant has at least one effective day of  unemploy-
ment] THAT QUALIFIES AS AN EFFECTIVE WEEK OF UNEMPLOYMENT FOR THE CLAIM-
ANT.
  S  5.  Subparagraph 2 of paragraph (e) of subdivision 1 of section 581
of the labor law, as amended by chapter 282 of the laws of 2002,  clause
(v)  as  added by chapter 106 of the laws of 2007, is amended to read as
follows:
  (2) Benefits payable to any claimant with respect  to  the  claimant's
then current benefit year shall be charged, when paid, to the account of
the  last  employer  prior to the filing of a valid original claim in an
amount equal to seven times the  claimant's  benefit  rate.  Thereafter,
such  charges  shall be made to the account of each employer in the base
period used to establish the valid original claim in the same proportion
that the remuneration paid by each employer to the claimant during  that
base  period  bears  to  the  remuneration  paid by all employers to the
claimant during that base period except as provided below:
  (i) In those instances where the claimant may not utilize  wages  paid
to  establish  entitlement  based  upon  subdivision ten of section five
hundred ninety of this article and an  educational  institution  is  the
claimant's  last employer prior to the filing of the claim for benefits,
or the claimant performed services in such  educational  institution  in
such  capacity  while employed by an educational service agency which is
the claimant's last employer prior to the filing of the claim for  bene-
fits,  such  employer  shall  not  be liable for benefit charges for the
first [twenty-eight effective days] SEVEN EFFECTIVE  WEEKS  of  benefits
paid  as  otherwise  provided by this section. Under such circumstances,
benefits paid shall be charged to  the  general  account.  In  addition,
wages  paid  during the base period by such educational institutions, or
for services in such educational institutions for claimants employed  by
an  educational service agency shall not be considered base period wages
during periods that such wages may not be used to  gain  entitlement  to
benefits  pursuant  to subdivision ten of section five hundred ninety of
this article.
  (ii) In those instances where the claimant may not utilize wages  paid
to  establish  entitlement based upon subdivision eleven of section five
hundred ninety of this article and an  educational  institution  is  the
claimant's  last employer prior to the filing of the claim for benefits,
or the claimant performed services in such  educational  institution  in
such  capacity  while employed by an educational service agency which is
the claimant's last employer prior to the filing of the claim for  bene-
fits,  such  employer  shall  not  be liable for benefit charges for the
first [twenty-eight effective days] SEVEN EFFECTIVE  WEEKS  of  benefits
paid  as  otherwise  provided by this section. Under such circumstances,
benefits paid will be charged to the general account. In addition, wages
paid during the base period by such  educational  institutions,  or  for
services  in  such educational institutions for claimants employed by an
educational service agency shall not be  considered  base  period  wages
during  periods  that  such wages may not be used to gain entitlement to
benefits pursuant to subdivision eleven of section five  hundred  ninety

A. 6139                             3

of  this  article.  However, in those instances where a claimant was not
afforded an opportunity to perform services for the educational institu-
tion for the next academic year or term after reasonable  assurance  was
provided,  such employer shall be liable for benefit charges as provided
for in this paragraph for any retroactive payments made to the claimant.
  (iii) In those instances where the federal government  is  the  claim-
ant's  last  employer  prior to the filing of the claim for benefits and
such employer is not a base-period employer, payments equaling the first
[twenty-eight effective days]  SEVEN  EFFECTIVE  WEEKS  of  benefits  as
otherwise  prescribed  by  this  section shall be charged to the general
account. In those instances where the federal government is  the  claim-
ant's  last employer prior to the filing of the claim for benefits and a
base-period employer, such employer shall be liable for charges for  all
benefits paid on such claim in the same proportion that the remuneration
paid  by  such employer during the base period bears to the remuneration
paid by all employers during  the  base  period.  In  addition,  benefit
payment charges for the first [twenty-eight effective days] SEVEN EFFEC-
TIVE  WEEKS  of  benefits  other  than  those  chargeable to the federal
government as prescribed above shall be made to the general account.
  (iv) In those instances where a combined wage claim is filed  pursuant
to  interstate  reciprocal  agreements  and the claimant's last employer
prior to the filing of the claim is an out-of-state  employer  and  such
employer  is  not  a base-period employer, benefit payments equaling the
first [twenty-eight effective days] SEVEN EFFECTIVE WEEKS of benefits as
otherwise prescribed by this section shall be  charged  to  the  general
account.  In those instances where the out-of-state employer is the last
employer prior to the filing of the claim for benefits and a base-period
employer such employer shall be liable for charges for all benefits paid
on such claim in the same proportion that the remuneration paid by  such
employer  during  the  base period bears to the remuneration paid by all
employers during the base period. In addition, benefit  payment  charges
for  the [twenty-eight effective days] SEVEN EFFECTIVE WEEKS of benefits
other than those chargeable to the out-of-state employer  as  prescribed
above shall be made to the general account.
  (v)  In those instances where the last employer prior to the filing of
a valid original claim has  paid  total  remuneration  to  the  claimant
during  the  period  from the start of the base period used to establish
the benefit claim until the date of the claimant's filing of  the  valid
original  claim  in an amount less than or equal to six times the claim-
ant's benefit rate and the last employer has substantiated  such  amount
to  the  satisfaction of the commissioner within ten days of the commis-
sioner's original notice of potential charges to  such  last  employer's
account,  benefits  shall be charged as follows: benefits payable to the
claimant with respect to the claimant's then current benefit year  shall
be charged, when paid, to the account of such last employer prior to the
filing  of a valid original claim in an amount equal to the lowest whole
number (one, two, three, four, five, or six) times the claimant's  bene-
fit  rate where the product of such lowest whole number times the claim-
ant's benefit rate is equal to or greater than such  total  remuneration
paid  by  such  last employer to the claimant.  Thereafter, such charges
shall be made to the account of each employer in the base period used to
establish the valid original claim  in  the  same  proportion  that  the
remuneration  paid  by  each  employer  to the claimant during that base
period bears to the remuneration paid by all employers to  the  claimant
during  that  base  period.  Notice  of  such recalculation of potential

A. 6139                             4

charges shall be given to the last employer and  each  employer  of  the
claimant in the base period used to establish the valid original claim.
  S  6.  Subdivision  1  of  section 590 of the labor law, as amended by
chapter 645 of the laws of 1951, is amended to read as follows:
  1. Entitlement to benefits. A claimant shall be entitled to accumulate
effective [days] WEEKS for the purpose of benefit rights only if  he  OR
SHE  has  complied  with  the  provisions  of this article regarding the
filing of his OR HER claim, including the filing  of  a  valid  original
claim,  registered  as  totally OR PARTIALLY unemployed, reported his OR
HER subsequent employment and unemployment, and  reported  for  work  or
otherwise given notice of the continuance of his OR HER unemployment.
  S  7.  Subdivision  3  of  section 590 of the labor law, as amended by
chapter 645 of the laws of 1951, is amended to read as follows:
  3. Compensable periods. Benefits shall be paid for each  [accumulation
of] effective [days within a] week.
  S  8.  Subdivision  4  of  section 590 of the labor law, as amended by
chapter 457 of the laws of 1987, is amended to read as follows:
  4. Duration. Benefits shall not be paid for more than [one hundred and
four effective days] TWENTY-SIX EFFECTIVE WEEKS  in  any  benefit  year,
except  as  provided  in  section six hundred one and subdivision two of
section five hundred ninety-nine of this chapter.
  S 9. Subdivision 5 of section 590 of the  labor  law,  as  amended  by
chapter 413 of the laws of 2003, is amended to read as follows:
  5. Benefit rate. A claimant's weekly benefit amount shall be one twen-
ty-sixth of the remuneration paid during the highest calendar quarter of
the  base  period  by employers, liable for contributions or payments in
lieu of contributions under this article. However, for  claimants  whose
high calendar quarter remuneration during the base period is three thou-
sand five hundred seventy-five dollars or less, the benefit amount shall
be one twenty-fifth of the remuneration paid during the highest calendar
quarter  of  the  base  period  by employers liable for contributions or
payments in lieu of contributions under this article.  ANY CLAIMANT  WHO
IS  PARTIALLY  UNEMPLOYED  WITH  RESPECT  TO ANY EFFECTIVE WEEK SHALL BE
PAID, WITH RESPECT TO SUCH EFFECTIVE WEEK, A BENEFIT AMOUNT EQUAL TO HIS
OR HER WEEKLY BENEFIT AMOUNT LESS THE TOTAL OF THE REMUNERATION, IF ANY,
PAID OR PAYABLE TO HIM OR HER WITH RESPECT TO  SUCH  WEEK  FOR  SERVICES
PERFORMED  WHICH  IS IN EXCESS OF HIS OR HER PARTIAL BENEFIT CREDIT. Any
claimant whose high calendar quarter remuneration during the base period
is more than three thousand five hundred seventy-five dollars shall  not
have  a weekly benefit amount less than one hundred forty-three dollars.
The weekly benefit amount, so computed, that is not a  multiple  of  one
dollar shall be lowered to the next multiple of one dollar. On the first
Monday  of  September,  nineteen hundred ninety-eight the weekly benefit
amount shall not exceed three hundred sixty-five  dollars  nor  be  less
than  forty  dollars, until the first Monday of September, two thousand,
at which time the maximum benefit payable pursuant to  this  subdivision
shall  equal  one-half  of  the  state  average  weekly wage for covered
employment as calculated by the department no sooner  than  July  first,
two  thousand and no later than August first, two thousand, rounded down
to the lowest dollar.
  S 10. Subdivision 6 of section 590 of the labor law, as added by chap-
ter 720 of the laws of 1953 and as renumbered by chapter 675 of the laws
of 1977, is amended to read as follows:
  6. Notification requirement. No effective [day] WEEK shall be  counted
for  any purposes except effective [days] WEEKS as to which notification
has been given in a manner prescribed by the commissioner.

A. 6139                             5

  S 11. Subdivision 7 of section 590 of the labor  law,  as  amended  by
chapter 415 of the laws of 1983, is amended to read as follows:
  7.  Waiting  period.  A  claimant  shall not be entitled to accumulate
effective [days] WEEKS for the purpose of benefit payments until  he  OR
SHE  has  accumulated  a  waiting  period of [four effective days either
wholly within the week in which he established his valid original  claim
or  partly within such week and partly within his benefit year initiated
by such claim] ONE EFFECTIVE WEEK.
  S 12. Subdivision 1 of section 591 of the labor  law,  as  amended  by
chapter 413 of the laws of 2003, is amended to read as follows:
  1.  Unemployment. Benefits, except as provided in section five hundred
ninety-one-a of this title, shall be paid only  to  a  claimant  who  is
totally  unemployed  OR PARTIALLY UNEMPLOYED and who is unable to engage
in his OR HER usual employment or in any other for which he  OR  SHE  is
reasonably  fitted by training and experience. A claimant who is receiv-
ing benefits under this article shall not be denied such benefits pursu-
ant to this subdivision or to subdivision two of this section because of
such claimant's service on a grand or petit jury of any state or of  the
United States.
  S  13.  Subdivision  1  of section 591 of the labor law, as amended by
chapter 446 of the laws of 1981, is amended to read as follows:
  1. Unemployment. Benefits shall be paid only  to  a  claimant  who  is
totally  unemployed  OR PARTIALLY UNEMPLOYED and who is unable to engage
in his OR HER usual employment or in any other for which he  OR  SHE  is
reasonably  fitted by training and experience. A claimant who is receiv-
ing benefits under this article shall not be denied such benefits pursu-
ant to this subdivision or to subdivision two of this section because of
such claimant's service on a grand or petit jury of any state or of  the
United States.
  S  14.  Subparagraph  (i) of paragraph (b) of subdivision 2 of section
591-a of the labor law, as added by chapter 413 of the laws of 2003,  is
amended to read as follows:
  (i)  requirements relating to total unemployment AND PARTIAL UNEMPLOY-
MENT, as defined in section five hundred  twenty-two  of  this  article,
availability  for  work, as set forth in subdivision two of section five
hundred ninety-one of this title and refusal  to  accept  work,  as  set
forth  in  subdivision  two of section five hundred ninety-three of this
title, are not applicable to such individuals;
  S 15. Subdivision 2 of section 592 of the labor  law,  as  amended  by
chapter 415 of the laws of 1983, is amended to read as follows:
  2.  Concurrent payments prohibited. No [days] WEEKS of total unemploy-
ment OR PARTIAL UNEMPLOYMENT shall be deemed to occur in any  week  with
respect  to  which  [or  a  part of which] a claimant has received or is
seeking unemployment benefits under an unemployment compensation law  of
any  other  state  or of the United States, provided that this provision
shall not apply if the appropriate agency of such other state or of  the
United  States finally determines that he OR SHE is not entitled to such
unemployment benefits.
  S 16. Paragraph (a) of subdivision 1 of section 593 of the labor  law,
as  amended  by  chapter  35  of the laws of 2009, is amended to read as
follows:
  (a) No [days] WEEKS of  total  unemployment  OR  PARTIAL  UNEMPLOYMENT
shall be deemed to occur after a claimant's voluntary separation without
good  cause  from  employment until he or she has subsequently worked in
employment and earned remuneration at least equal to five times  his  or
her  weekly benefit rate. In addition to other circumstances that may be

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found to constitute good cause, including a compelling family reason  as
set  forth  in  paragraph  (b) of this subdivision, voluntary separation
from employment shall not in itself disqualify  a  claimant  if  circum-
stances  have developed in the course of such employment that would have
justified the claimant in refusing such employment in the first instance
under the terms of subdivision two of this section or if  the  claimant,
pursuant  to  an option provided under a collective bargaining agreement
or written employer plan which permits waiver of his  OR  HER  right  to
retain  the  employment when there is a temporary layoff because of lack
of work, has elected to be separated for  a  temporary  period  and  the
employer has consented thereto.
  S  17.  Subdivision  2  of section 593 of the labor law, as amended by
chapter 415 of the laws of 1983, the opening  paragraph  as  amended  by
chapter  5 of the laws of 2000, paragraph (a) as added by chapter 589 of
the laws of 1998, and paragraphs (d) and (e) as amended by chapter 35 of
the laws of 2009, is amended to read as follows:
  2. Refusal of employment.  No [days] WEEKS of  total  unemployment  OR
PARTIAL  UNEMPLOYMENT  shall  be deemed to occur beginning with the [day
on] WEEK IN which a claimant, without good cause, refuses to  accept  an
offer of employment for which he OR SHE is reasonably fitted by training
and  experience, including employment not subject to this article, until
he OR SHE has subsequently worked in employment and earned  remuneration
at least equal to five times his or her weekly benefit rate. Except that
claimants  who  are  not  subject  to a recall date or who do not obtain
employment through a union hiring hall  and  who  are  still  unemployed
after  receiving  thirteen weeks of benefits shall be required to accept
any employment proffered that such claimants are capable of  performing,
provided  that  such  employment  would  result  in a wage not less than
eighty percent of such claimant's high calendar quarter  wages  received
in  the  base period and not substantially less than the prevailing wage
for similar work in the locality as provided for  in  paragraph  (d)  of
this  subdivision. No refusal to accept employment shall be deemed with-
out good cause nor shall it disqualify any claimant  otherwise  eligible
to receive benefits if:
  (a) a refusal to accept employment which would interfere with a claim-
ant's  right  to  join or retain membership in any labor organization or
otherwise interfere with or violate the terms of a collective bargaining
agreement shall be with good cause;
  (b) there is a strike, lockout, or other industrial controversy in the
establishment in which the employment is offered; or
  (c) the employment is at an unreasonable  distance  from  his  OR  HER
residence,  or  travel  to  and  from  the  place of employment involves
expense substantially greater than that required in his  OR  HER  former
employment unless the expense be provided for; or
  (d)  the  wages  or  compensation  or  hours or conditions offered are
substantially less favorable to the claimant than those  prevailing  for
similar  work  in  the locality, or are such as tend to depress wages or
working conditions; or
  (e) the claimant is seeking part-time work as provided in  subdivision
five  of  section five hundred ninety-six of this title and the offer of
employment is not comparable to his or her part-time work as defined  in
such subdivision.
  S  18.  Subdivision  3  of section 593 of the labor law, as amended by
chapter 589 of the laws of 1998, is amended to read as follows:
  3. Misconduct.  No [days] WEEKS of total unemployment OR PARTIAL UNEM-
PLOYMENT shall be deemed to  occur  after  a  claimant  lost  employment

A. 6139                             7

through  misconduct in connection with his or her employment until he or
she has subsequently worked in employment  and  earned  remuneration  at
least equal to five times his or her weekly benefit rate.
  S  19.  Subdivision  4  of section 593 of the labor law, as amended by
chapter 589 of the laws of 1998, is amended to read as follows:
  4. Criminal acts. No [days] WEEKS of  total  unemployment  OR  PARTIAL
UNEMPLOYMENT  shall  be deemed to occur during a period of twelve months
after a claimant loses employment as a result of an act  constituting  a
felony in connection with such employment, provided the claimant is duly
convicted thereof or has signed a statement admitting that he or she has
committed  such an act.  Determinations regarding a benefit claim may be
reviewed at any time.  Any benefits paid to a claimant prior to a deter-
mination that the claimant has lost employment as a result of  such  act
shall  not  be  considered to have been accepted by the claimant in good
faith.  In addition, remuneration paid to the claimant by  the  affected
employer prior to the claimant's loss of employment due to such criminal
act may not be utilized for the purpose of establishing entitlement to a
subsequent,  valid  original claim.   The provisions of this subdivision
shall apply even if the employment lost as a  result of such act is  not
the claimant's last employment prior to the filing of his or her claim.
  S  20.  Section 594 of the labor law, as amended by chapter 728 of the
laws of 1952, the opening paragraph as amended by  chapter  139  of  the
laws of 1968, is amended to read as follows:
  S  594.  Reduction of benefits for false statement. A claimant who has
wilfully made a false statement or representation to obtain any  benefit
under the provisions of this article shall forfeit benefits for at least
the  first [four] ONE but not more than the first [eighty] TWENTY effec-
tive [days] WEEKS following discovery of such offense for  which  he  OR
SHE otherwise would have been entitled to receive benefits. Such penalty
shall apply only once with respect to each such offense.
  For  the purpose of subdivision four of section five hundred ninety of
this [article] TITLE, the claimant shall  be  deemed  to  have  received
benefits for such forfeited effective [days] WEEKS.
  The penalty provided in this section shall not be confined to a single
benefit  year  but  shall  no longer apply in whole or in part after the
expiration of two years from the date on which the offense  was  commit-
ted.
  A  claimant  shall  refund  all  moneys received because of such false
statement or representation made by him OR HER.
  S 21. Subdivision 1 of section 596 of the labor  law,  as  amended  by
chapter 204 of the laws of 1982, is amended to read as follows:
  1.  Claim  filing  and certification to unemployment. A claimant shall
file a claim for benefits at the local state employment  office  serving
the  area  in  which  he  OR SHE was last employed or in which he OR SHE
resides within such time and in such manner as  the  commissioner  shall
prescribe. He OR SHE shall disclose whether he OR SHE owes child support
obligations,  as hereafter defined. If a claimant making such disclosure
is eligible for benefits, the commissioner shall  notify  the  state  or
local  child  support enforcement agency, as hereafter defined, that the
claimant is eligible.
  A claimant shall correctly report any [days] WEEKS of  employment  and
any  compensation  he  OR  SHE  received  for such employment, including
employments not subject to this article, and the [days on] WEEKS  DURING
which he OR SHE was totally unemployed OR PARTIALLY UNEMPLOYED and shall
make such reports in accordance with such regulations as the commission-
er shall prescribe.

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  S 22. Subdivision 4 of section 596 of the labor law, as added by chap-
ter 705 of the laws of 1944 and as renumbered by section 148-a of part B
of chapter 436 of the laws of 1997, is amended to read as follows:
  4.  Registration  and reporting for work. A claimant shall register as
totally unemployed OR PARTIALLY UNEMPLOYED at a local  state  employment
office serving the area in which he OR SHE was last employed or in which
he OR SHE resides in accordance with such regulations as the commission-
er shall prescribe. After so registering, such claimant shall report for
work  at the same local state employment office or otherwise give notice
of the continuance of his OR HER  unemployment  as  often  and  in  such
manner as the commissioner shall prescribe.
  S  23. Paragraph (a) of subdivision 2 of section 599 of the labor law,
as amended by chapter 593 of the laws of 1991, is  amended  to  read  as
follows:
  (a)  Notwithstanding  any  other provision of this chapter, a claimant
attending an approved training course or program under this section  may
receive  additional  benefits  of  up  to  [one hundred four] TWENTY-SIX
effective [days] WEEKS  following  exhaustion  of  regular  and,  if  in
effect,  any other extended benefits, provided that entitlement to a new
benefit claim cannot be established. Certification of  continued  satis-
factory  participation  and  progress in such training course or program
must be submitted to the commissioner prior to the payment of  any  such
benefits.  The  duration  of  such  additional benefits shall in no case
exceed twice the number of effective [days] WEEKS of regular benefits to
which the claimant is entitled at the time the claimant is accepted  in,
or demonstrates application for appropriate training.
  S 24. Subdivision 1 of section 600 of the labor law, as added by chap-
ter 793 of the laws of 1963, is amended to read as follows:
  1. Reduction of benefit rate. If a claimant retires or is retired from
employment  by  an  employer and, due to such retirement, is receiving a
pension or retirement payment under a plan financed in whole or in  part
by  such employer, such claimant's benefit rate for [four] ONE effective
[days] WEEK otherwise applicable under subdivision seven of section five
hundred ninety OF THIS TITLE shall be reduced as hereinafter provided.
  S 25.  Subdivision 2 of section 601 of the labor law,  as  amended  by
chapter 35 of the laws of 2009, is amended to read as follows:
  2.  Eligibility  conditions.  Extended  benefits shall be payable to a
claimant for effective [days] WEEKS occurring [in any  week]  within  an
eligibility period, provided the claimant
  (a)  has  exhausted  his  or her rights to regular benefits under this
article in his or her current benefit year or, his or her  benefit  year
having  expired prior to such week, he or she does not have the required
weeks of employment or earnings to establish a new benefit year, and  he
or she has no rights to benefits under the unemployment insurance law of
any other state;
  (b)  has  no  rights  to unemployment benefits or allowances under the
railroad unemployment insurance act, the trade expansion act of nineteen
hundred sixty-two, the automotive products trade act of nineteen hundred
sixty-five, or such other federal laws as are specified  in  regulations
issued by the secretary of labor of the United States;
  (c)  has  not  received and is not seeking unemployment benefits under
the unemployment compensation law of the Virgin  Islands  or  of  Canada
unless,  if  he  or she is seeking such benefits, the appropriate agency
finally determines that he or she is not entitled to benefits under such
law;

A. 6139                             9

  (d) has satisfied the conditions of this article, required to render a
claimant eligible for regular benefits, which are applicable to extended
benefits, including not being subject to a disqualification  or  suspen-
sion;
  (e)  is  not  claiming  benefits pursuant to an interstate claim filed
under the interstate benefit payment plan in a state where  an  extended
benefit  period  is  not in effect, except that this condition shall not
apply with respect to the first [eight] TWO effective [days]  WEEKS  for
which extended benefits shall otherwise be payable pursuant to an inter-
state claim filed under the interstate benefit payment plan; and
  (f)  in  his  or  her base period has remuneration of one and one-half
times the high calendar quarter earnings in accordance with section five
hundred twenty-seven of this article.
  S 26.  Subdivision 3 of section 601 of the labor law,  as  amended  by
chapter 35 of the laws of 2009, is amended to read as follows:
  3.  Extended  benefit  amounts;  rate  and duration. Extended benefits
shall be paid to a claimant
  (a) at a rate equal to his or her rate for regular benefits during his
or her applicable benefit year but
  (b) for not more than [fifty-two] THIRTEEN effective [days] WEEKS with
respect to his or her applicable benefit  year,  with  a  total  maximum
amount  equal  to fifty percentum of the total maximum amount of regular
benefits payable in such benefit year, and
  (c) if a claimant's benefit year ends within an extended benefit peri-
od, the remaining balance of extended benefits to which he or she  would
be  entitled, if any, shall be reduced by the number of effective [days]
WEEKS for which he or she was entitled  to  receive  trade  readjustment
allowances  under the federal trade act of nineteen hundred seventy-four
during such benefit year, and
  (d) for periods of high unemployment for not more than  eighty  effec-
tive days with respect to the applicable benefit year with a total maxi-
mum  amount equal to eighty percent of the total maximum amount of regu-
lar benefits payable in such benefit year.
  S 27. Subdivision 4 of section 601 of the labor  law,  as  amended  by
chapter 35 of the laws of 2009, is amended to read as follows:
  4.  Charging  of extended benefits. The provisions of paragraph (e) of
subdivision one of section five hundred eighty-one of this article shall
apply to benefits paid pursuant to the provisions of this  section,  and
if  they were paid for effective [days occurring in] weeks following the
end of a benefit year, they shall be deemed paid with  respect  to  that
benefit  year.  However,  except for governmental entities as defined in
section five hundred sixty-five and Indian tribes as defined in  section
five  hundred  sixty-six of this article, only one-half of the amount of
such benefits shall be debited to the employers' account; the  remainder
thereof  shall be debited to the general account, and such account shall
be credited with the amount of payments received in the fund pursuant to
the provisions of the federal-state extended  unemployment  compensation
act.  Notwithstanding  the  foregoing,  where  the  state has entered an
extended benefit period triggered pursuant to subparagraph one of  para-
graph  (a)  of  subdivision  one  of  this section for which federal law
provides for one hundred percent federal sharing of the costs  of  bene-
fits,  all  charges  shall  be  debited  to the general account and such
account shall be credited with the amount of payments  received  in  the
fund  pursuant to the provisions of the federal-state extended unemploy-
ment compensation act or other federal law  providing  for  one  hundred
percent federal sharing for the cost of such benefits.

A. 6139                            10

  S  28. Paragraph (b) of subdivision 5 of section 601 of the labor law,
as amended by chapter 35 of the laws of 2009,  is  amended  to  read  as
follows:
  (b)  No  [days]  WEEKS  of  total unemployment OR PARTIAL UNEMPLOYMENT
shall be deemed to occur [in any  week]  within  an  eligibility  period
during  which  a  claimant fails to accept any offer of suitable work or
fails to apply for suitable work to which he or she was referred by  the
commissioner, who shall make such referral if such work is available, or
during  which  he  or  she  fails  to engage actively in seeking work by
making a systematic and sustained effort to obtain  work  and  providing
tangible  evidence  of  such  effort,  and until he or she has worked in
employment during at least four subsequent weeks and earned remuneration
of at least four times his or her benefit rate.
  S 29. Paragraph (e) of subdivision 5 of section 601 of the labor  law,
as  amended  by  chapter  35  of the laws of 2009, is amended to read as
follows:
  (e) No [days] WEEKS of  total  unemployment  OR  PARTIAL  UNEMPLOYMENT
shall  be  deemed  to  occur  [in any week] within an eligibility period
under section five hundred ninety-three of this [article]  TITLE,  until
he  or  she has subsequently worked in employment in accordance with the
requirements set forth in section  five  hundred  ninety-three  of  this
[article] TITLE.
  S  30.  Section  603  of the labor law, as added by chapter 438 of the
laws of 1985, is amended to read as follows:
  S 603. Definitions. For purposes of this title:  "Total  unemployment"
shall mean the total lack of any employment [on any day] DURING ANY WEEK
AND  "PARTIAL  UNEMPLOYMENT"  SHALL  MEAN ANY EMPLOYMENT DURING ANY WEEK
THAT IS LESS THAN FULL-TIME EMPLOYMENT SO LONG AS THE COMPENSATION  PAID
IS  LESS  THAN  THE  CLAIMANT'S  WEEKLY BENEFIT RATE PLUS THE CLAIMANT'S
PARTIAL BENEFIT CREDIT, other than  with  an  employer  applying  for  a
shared  work  program. "Full time hours" shall mean at least thirty-five
but not more than forty hours per week, and shall not  include  overtime
as  defined in the Fair Labor Standards Act. "Work force" shall mean the
total work force, a clearly identifiable unit or  units  thereof,  or  a
particular shift or shifts.
  S  31. This act shall take effect immediately; provided, however, that
the amendments to subdivision 1 of section 591 of the labor law made  by
section twelve of this act shall be subject to the expiration and rever-
sion  of  such  subdivision pursuant to section 10 of chapter 413 of the
laws of 2003, as amended, when upon such date the provisions of  section
thirteen of this act shall take effect; provided, further, however, that
the amendment to section 591-a of the labor law made by section fourteen
of  this  act  shall  not affect the repeal of such section and shall be
deemed repealed therewith.