S. 3393--A 2
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
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
S. 3393--A 3
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
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
S. 3393--A 4
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
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. Paragraph (a) of subdivision 5 of section 590 of the labor law,
as amended by section 8 of part O of chapter 57 of the laws of 2013, is
amended to read as follows:
(a) A claimant's weekly benefit amount shall be one twenty-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, provided the claimant has remuneration
paid in all four calendar quarters during his or her base period or
alternate base period. However, for any claimant who has remuneration
paid in all four calendar quarters during his or her base period or
alternate base period and whose high calendar quarter remuneration
during the base period is three thousand 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 contrib-
utions under this article. A claimant's weekly benefit shall be one
twenty-sixth of the average remuneration paid in the two highest quar-
ters paid during the base period or alternate base period by employers
liable for contributions or payments in lieu of contributions under this
article when the claimant has remuneration paid in two or three calendar
quarters provided however, that a claimant whose high calendar quarter
is four thousand dollars or less but greater than three thousand five
hundred seventy-five dollars shall have a weekly benefit amount of one
twenty-sixth of such high calendar quarter. However, for any claimant
who has remuneration paid in two or three calendar quarters during his
or her base period or alternate base period and whose high calendar
quarter remuneration during the base period is three thousand five
hundred seventy-five dollars or less, the benefit amount shall be one
twenty-fifth of the remuneration paid during the highest calendar quar-
ter 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,
S. 3393--A 5
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. On and after the first Monday of October, two
thousand fourteen, the weekly benefit shall not be less than one hundred
dollars, nor shall it exceed four hundred twenty dollars until the first
Monday of October, two thousand fifteen when the maximum benefit amount
shall be four hundred twenty-five dollars, until the first Monday of
October, two thousand sixteen when the maximum benefit amount shall be
four hundred thirty dollars, until the first Monday of October, two
thousand seventeen when the maximum benefit amount shall be four hundred
thirty-five dollars, until the first Monday of October, two thousand
eighteen when the maximum benefit amount shall be four hundred fifty
dollars, until the first Monday of October, two thousand nineteen when
the maximum benefit amount shall be thirty-six percent of the average
weekly wage until the first Monday of October, two thousand twenty when
the maximum benefit amount shall be thirty-eight percent of the average
weekly wage, until the first Monday of October, two thousand twenty-one
when the maximum benefit amount shall be forty percent of the average
weekly wage, until the first Monday of October, two thousand twenty-two
when the maximum benefit amount shall be forty-two percent of the aver-
age weekly wage, until the first Monday of October, two thousand twen-
ty-three when the maximum benefit amount shall be forty-four percent of
the average weekly wage, until the first Monday of October, two thousand
twenty-four when the maximum benefit amount shall be forty-six percent
of the average weekly wage, until the first Monday of October, two thou-
sand twenty-five when the maximum benefit amount shall be forty-eight
percent of the average weekly wage, until the first Monday of October,
two thousand twenty-six and each year thereafter on the first Monday of
October when the maximum benefit amount shall be fifty percent of the
average weekly wage provided, however, that in no event shall the maxi-
mum benefit amount be reduced from the previous year.
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.
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
S. 3393--A 6
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 amended by section 14 of part O of chapter 57
of the laws of 2013, 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 and search 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 section 15 of part O of chapter 57 of the laws of 2013, 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 ten times his or
her weekly benefit rate. In addition to other circumstances that may be
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
S. 3393--A 7
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
section 15 of part O of chapter 57 of the laws of 2013, paragraph (a) as
added by chapter 589 of the laws of 1998, 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 ten 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 ten 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
section 15 of part O of chapter 57 of the laws of 2013, 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
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 ten times his or her weekly benefit rate.
S. 3393--A 8
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 section 16 of part
O of chapter 57 of the laws of 2013, is amended to read as follows:
S 594. Reduction and recovery of benefits and penalties for wilful
false statement. (1) 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 effective [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.
(2) 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.
(3) 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 of the final determination.
Such two-year period shall be tolled during the time period a claimant
has an appeal pending.
(4) A claimant shall refund all moneys received because of such false
statement or representation and pay a civil penalty in an amount equal
to the greater of one hundred dollars or fifteen percent of the total
overpaid benefits determined pursuant to this section. The penalties
collected hereunder shall be deposited in the fund. The penalties
assessed under this subdivision shall apply and be assessed for any
benefits paid under federal unemployment and extended unemployment
programs administered by the department in the same manner as provided
in this article. The penalties in this section shall be in addition to
any penalties imposed under this chapter or any state or federal crimi-
nal statute. No penalties or interest assessed pursuant to this section
may be deducted or withheld from benefits.
(5) (a) Upon a determination based upon a willful false statement or
representation becoming final through exhaustion of appeal rights or
failure to exhaust hearing rights, the commissioner may recover the
amount found to be due by commencing a civil action, or by filing with
the county clerk of the county where the claimant resides the final
determination of the commissioner or the final decision by an adminis-
trative law judge, the appeal board, or a court containing the amount
found to be due including interest and civil penalty. The commissioner
may only make such a filing with the county clerk when:
S. 3393--A 9
(i) The claimant has responded to requests for information prior to a
determination and such requests for information notified the claimant of
his or her rights to a fair hearing as well as the potential conse-
quences of an investigation and final determination under this section
including the notice required by subparagraph (iii) of paragraph (b) of
this subdivision. Additionally if the claimant requested a fair hearing
or appeal subsequent to a determination, that the claimant was present
either in person or through electronic means at such hearing, or subse-
quent appeal from which a final determination was rendered;
(ii) The commissioner has made efforts to collect on such final deter-
mination; and
(iii) The commissioner has sent a notice, in accordance with paragraph
(b) of this subdivision, of intent to docket such final determination by
first class or certified mail, return receipt requested, ten days prior
to the docketing of such determination.
(b) The notice required in subparagraph (iii) of paragraph (a) of this
subdivision shall include the following:
(i) That the commissioner intends to docket a final determination
against such claimant as a judgment;
(ii) The total amount to be docketed; and
(iii) Conspicuous language that reads as follows: "Once entered, a
judgment is good and can be used against you for twenty years, and your
money, including a portion of your paycheck and/or bank account, may be
taken. Also, a judgment will hurt your credit score and can affect your
ability to rent a home, find a job, or take out a loan."
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.
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, and such section as renumbered by
chapter 663 of the laws of 1946, 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. 3393--A 10
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 2 of section 601 of the labor law, as amended by
chapter 35 of the laws of 2009, paragraph (d) as amended by section 3 of
part Z of chapter 57 of the laws of 2013, 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;
(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, or has satisfied the conditions of this article required to render
a claimant eligible to participate in the self-employment assistance
program pursuant to section five hundred ninety-one-a of this title and
the Federal-State Extended Unemployment Compensation Act of 1970;
(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 25. 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:
S. 3393--A 11
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 26. 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.
S 27. 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. 3393--A 12
S 28. 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 29. Section 603 of the labor law, as amended by section 21 of part
O of chapter 57 of the laws of 2013, 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. "Work force" shall mean the total work force, a
clearly identifiable unit or units thereof, or a particular shift or
shifts. The work force subject to reduction shall consist of no less
than two employees.
S 30. 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.
