S T A T E O F N E W Y O R K
________________________________________________________________________
757
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. PAULIN, CAHILL, GALEF, LAVINE -- Multi-Sponsored
by -- M. of A. DelMONTE, HOOPER, LIFTON, McENENY, J. RIVERA,
N. RIVERA, SCARBOROUGH -- read once and referred to the Committee on
Labor
AN ACT to amend the labor law, in relation to providing unemployment
insurance benefits to certain part-time elected officials
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. "Total unemployment" means the total lack
of any employment on any day. The term "employment" as used in this
section means any employment including that not defined in this title
BUT SHALL NOT INCLUDE SERVICE AS AN ELECTED COUNTY OR MUNICIPAL
OFFICIAL.
S 2. 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 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 receiving benefits under this
article shall not be denied such benefits pursuant 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 OR SUCH
CLAIMANT'S SERVICE AS AN ELECTED COUNTY OR MUNICIPAL OFFICIAL; PROVIDED,
HOWEVER THAT SUCH CLAIMANT'S PAY FOR SERVICE AS AN ELECTED COUNTY OR
MUNICIPAL OFFICIAL IS LESS THAN THE PRODUCT OF THE MINIMUM WAGE TIMES
TWO THOUSAND HOURS PER YEAR. SUCH CLAIMANT SERVING AS AN ELECTED COUNTY
OR MUNICIPAL OFFICIAL WHILE RECEIVING UNEMPLOYMENT INSURANCE BENEFITS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01570-01-9
A. 757 2
SHALL ONLY RECEIVE THE AMOUNT OF THE DIFFERENCE BETWEEN THE WEEKLY BENE-
FIT AMOUNT AND THE AMOUNT OF WEEKLY EARNINGS FROM SUCH ELECTED PUBLIC
SERVICE.
S 3. 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 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 receiving benefits under this
article shall not be denied such benefits pursuant 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 OR SUCH
CLAIMANT'S SERVICE AS AN ELECTED COUNTY OR MUNICIPAL OFFICIAL; PROVIDED,
HOWEVER THAT SUCH CLAIMANT'S PAY FOR SERVICE AS AN ELECTED COUNTY OR
MUNICIPAL OFFICIAL IS LESS THAN THE PRODUCT OF THE MINIMUM WAGE TIMES
TWO THOUSAND HOURS PER YEAR. SUCH CLAIMANT SERVING AS AN ELECTED COUNTY
OR MUNICIPAL OFFICIAL WHILE RECEIVING UNEMPLOYMENT INSURANCE BENEFITS
SHALL ONLY RECEIVE THE AMOUNT OF THE DIFFERENCE BETWEEN THE WEEKLY BENE-
FIT AMOUNT AND THE AMOUNT OF WEEKLY EARNINGS FROM SUCH ELECTED PUBLIC
SERVICE.
S 4. This act shall take effect immediately, provided, however, that
the amendments to subdivision 1 of section 591 of the labor law made by
section two of this act shall be subject to the expiration and reversion
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 three of
this act shall take effect.