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Assembly Bill A440

2009-2010 Legislative Session

Provides that claims of representatives for services rendered to an unemployment insurance claimant shall include certain non-recoverable benefits

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Archive: Last Bill Status - In Assembly Committee

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2009-A440 (ACTIVE) - Details

Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Amd ยงยง538 & 597, Lab L

2009-A440 (ACTIVE) - Summary

Provides that claims of representatives for services rendered to an unemployment insurance claimant shall include certain non-recoverable benefits allowed pursuant to law.

2009-A440 (ACTIVE) - Sponsor Memo

2009-A440 (ACTIVE) - Bill Text download pdf 

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

                                   440

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

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

AN ACT to amend the labor law, in relation to non-recoverable benefits

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

  Section  1. Paragraph (c) of subdivision 1 of section 538 of the labor
law, as amended by chapter 831 of the laws of 1981, is amended  to  read
as follows:
  (c)  Claims  of representatives for services rendered to a claimant in
connection with any claim  arising  under  this  article  shall  not  be
enforceable  unless  approved  by the appeal board and shall in no event
exceed the benefit allowed, INCLUDING BENEFITS THAT ARE  NON-RECOVERABLE
PURSUANT  TO  SUBDIVISION  FOUR  OF SECTION FIVE HUNDRED NINETY-SEVEN OF
THIS ARTICLE, except as provided in paragraph (d) of  this  subdivision.
In  approving  any  fee  requested  by a representative pursuant to this
section, the appeal board shall consider the following factors:  (i) the
total benefit allowed; (ii) the time spent in providing  representation;
(iii)  the  legal and factual complexities involved; and (iv) such other
factors as the appeal board may deem relevant.
  S 2. Subdivision 4 of section 597 of the  labor  law,  as  amended  by
chapter 61 of the laws of 1998, is amended to read as follows:
  4.  Effect  of review. Whenever a new determination in accordance with
[the preceding] subdivision THREE OF THIS SECTION or  a  decision  by  a
referee, the appeal board, or a court results in a decrease or denial of
benefits  previously allowed, such new determination or decision, unless
it shall be based upon a retroactive payment of remuneration, shall  not
affect  the  rights  to any benefits already paid under the authority of
the prior determination or decision provided they were accepted  by  the
claimant in good faith and the claimant did not make any false statement
or  representation  and  did  not wilfully conceal any pertinent fact in

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

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