S T A T E   O F   N E W   Y O R K
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                                  8100

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               May 4, 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 the unemployment insurance
  law, increasing the maximum benefit rate for  unemployment  insurance,
  and part-time work, training and extended benefits

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

  Section 1. Paragraph (a) of subdivision 1 of section 518 of the  labor
law,  as  amended by chapter 589 of the laws of 1998, is amended to read
as follows:
  (a) "Wages" means all remuneration paid, except that  such  term  does
not include remuneration paid to an employee by an employer after [eight
thousand  five  hundred]  NINE THOUSAND SEVEN HUNDRED FIFTY dollars have
been paid to such employee by such employer with respect  to  employment
during  any  calendar year PRECEDING THE FIRST DAY OF JANUARY, TWO THOU-
SAND TEN, NOR TO INCLUDE REMUNERATION PAID TO AN EMPLOYEE BY AN EMPLOYER
AFTER ELEVEN THOUSAND FIVE  HUNDRED  DOLLARS  HAVE  BEEN  PAID  TO  SUCH
EMPLOYEE BY SUCH EMPLOYER WITH RESPECT TO EMPLOYMENT DURING ANY CALENDAR
YEAR  PRECEDING  THE  FIRST  DAY OF JANUARY, TWO THOUSAND ELEVEN, NOR TO
INCLUDE REMUNERATION PAID TO AN EMPLOYEE BY AN EMPLOYER  AFTER  THIRTEEN
THOUSAND  DOLLARS  HAVE BEEN PAID TO SUCH EMPLOYEE BY SUCH EMPLOYER WITH
RESPECT TO EMPLOYMENT DURING ANY CALENDAR YEAR PRECEDING THE  FIRST  DAY
OF  JANUARY,  TWO THOUSAND TWELVE. IN EACH SUCCEEDING CALENDAR YEAR, THE
DEPARTMENT SHALL CALCULATE THE BASE  AMOUNT  OF  REMUNERATION  NECESSARY
FROM  WHICH  TO  PRODUCE  SUFFICIENT  PREMIUM  TO PROVIDE FOR THE ANNUAL
INCREASES IN MAXIMUM WEEKLY BENEFIT PROVIDED FOR IN  THIS  ARTICLE,  AND
OTHER  FUNDING  FOR  THE  UNEMPLOYMENT  INSURANCE TRUST FUND PURSUANT TO
SECTION FIVE HUNDRED FIFTY OF THIS ARTICLE, AS  MAY  BE  NECESSARY.  The
term "employment" includes for the purposes of this subdivision services
constituting  employment  under  any  unemployment  compensation  law of
another state or the United States.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11706-01-9
              

A. 8100                             2

  S 2. 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
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] NEXT dollar.  ON THE FIRST MONDAY  OF  JULY,  TWO
THOUSAND  NINE,  THE WEEKLY BENEFIT SHALL NOT EXCEED FOUR HUNDRED SEVEN-
TY-FIVE DOLLARS NOR LESS THAN  SEVENTY-FIVE  DOLLARS,  UNTIL  THE  FIRST
MONDAY  OF JULY, TWO THOUSAND TEN AT WHICH TIME THE WEEKLY BENEFIT SHALL
NOT EXCEED FIVE HUNDRED TWENTY-FIVE DOLLARS, UNTIL THE FIRST  MONDAY  OF
JULY, TWO THOUSAND ELEVEN AT WHICH TIME THE MAXIMUM WEEKLY BENEFIT SHALL
NOT  EXCEED  FIVE HUNDRED SEVENTY-FIVE DOLLARS UNTIL THE FIRST MONDAY OF
JULY, TWO THOUSAND TWELVE, AT WHICH  TIME  THE  MAXIMUM  WEEKLY  BENEFIT
SHALL  NOT EXCEED SIX HUNDRED TWENTY-FIVE DOLLARS UNTIL THE FIRST MONDAY
OF JULY, TWO THOUSAND THIRTEEN AT WHICH TIME THE MAXIMUM BENEFIT  PURSU-
ANT TO THIS SUBDIVISION SHALL EQUAL ONE-HALF OF THE STATE AVERAGE WEEKLY
WAGE  AS  CALCULATED  BY  THE  DEPARTMENT NO SOONER THAN JULY FIRST, TWO
THOUSAND THIRTEEN AND NOT LATER THAN AUGUST FIRST, TWO THOUSAND THIRTEEN
AND ON JULY FIRST OF EACH SUCCEEDING  YEAR  THE  MAXIMUM  BENEFIT  SHALL
EQUAL  ONE-HALF  OF  THE  STATE AVERAGE WEEKLY WAGE AS CALCULATED BY THE
DEPARTMENT ANNUALLY PURSUANT TO THE MANNER DESCRIBED  IN  THIS  SUBDIVI-
SION.
  S  3.  Subdivision  1  of  section 593 of the labor law, as amended by
chapter 415 of the laws of 1983, paragraph (a) as amended by chapter 268
of the laws of 1999, and paragraph (b) as amended by chapter 589 of  the
laws of 1998, is amended to read as follows:
  1.  Voluntary  separation;  SEPARATION FOR A COMPELLING FAMILY REASON.
(a) No days of total 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  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  circumstances 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 subdi-
vision  two  of  this  section or if the claimant, pursuant to an option

A. 8100                             3

provided under a collective bargaining  agreement  or  written  employer
plan  which  permits  waiver  of his 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.
  (B)  A  [voluntary  separation may also be deemed for good cause if it
occurred as a consequence of circumstances directly resulting  from  the
claimant  being  a  victim  of  domestic violence] CLAIMANT SHALL NOT BE
DISQUALIFIED FROM RECEIVING BENEFITS FOR SEPARATION FROM EMPLOYMENT  DUE
TO  ANY  COMPELLING  FAMILY  REASON. FOR PURPOSES OF THIS PARAGRAPH, THE
TERM "COMPELLING FAMILY REASON" SHALL INCLUDE, BUT NOT  BE  LIMITED  TO,
SEPARATIONS RELATED TO:
  (I)   DOMESTIC  VIOLENCE,  VERIFIED  BY  REASONABLE  AND  CONFIDENTIAL
DOCUMENTATION WHICH CAUSES THE INDIVIDUAL  REASONABLY  TO  BELIEVE  THAT
SUCH INDIVIDUAL'S CONTINUED EMPLOYMENT WOULD JEOPARDIZE HIS OR HER SAFE-
TY OR THE SAFETY OF ANY MEMBER OF HIS OR HER IMMEDIATE FAMILY; OR
  (II) THE ILLNESS OR DISABILITY OF A MEMBER OF THE INDIVIDUAL'S IMMEDI-
ATE FAMILY; OR
  (III)  THE  NEED  FOR  THE  INDIVIDUAL  TO ACCOMPANY SUCH INDIVIDUAL'S
SPOUSE (A) TO A PLACE FROM WHICH IT IS IMPRACTICAL FOR  SUCH  INDIVIDUAL
TO  COMMUTE  AND (B) DUE TO A CHANGE IN LOCATION OF THE SPOUSE'S EMPLOY-
MENT.
  [(b)] (C) A disqualification as provided  in  this  subdivision  shall
also  apply  after  a claimant's voluntary separation from employment if
such voluntary separation was due to claimant's marriage.
  S 4. Paragraph (d) of subdivision 2 of section 593 of the  labor  law,
as  amended  by  chapter  282  of the laws of 2002, is amended and a new
paragraph (e) is added to read as follows:
  (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 5. Subdivision 5 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, such section as renumbered by chap-
ter 663 of the laws of 1946, is amended to read as follows:
  5. [Short-time worker. A] PART TIME WORK.  NOTWITHSTANDING  ANY  OTHER
PROVISIONS  OF  THIS  ARTICLE,  A  claimant  who for reasons personal to
himself OR HERSELF is unable or unwilling to work [usual] full time  and
who customarily [works] WORKED less than the full time prevailing in his
OR HER place of employment [shall register, when unemployed, as a short-
time worker in such manner as the commissioner shall prescribe. The time
which  such claimant normally works in any calendar week shall be deemed
his week of full-time employment] FOR A MAJORITY  OF  THE  WEEKS  WORKED
DURING  THE  APPLICABLE  BASE  PERIOD,  SHALL NOT BE DENIED UNEMPLOYMENT
INSURANCE SOLELY BECAUSE THE CLAIMANT IS ONLY SEEKING  PART  TIME  WORK.
FOR  PURPOSES  OF  THIS SUBDIVISION, "SEEKING PART TIME WORK" SHALL MEAN
THE CLAIMANT IS WILLING TO WORK FOR A NUMBER OF HOURS PER WEEK THAT  ARE
COMPARABLE  TO THE CLAIMANT'S PART TIME WORK DURING THE MAJORITY OF TIME
IN THE BASE PERIOD.
  S 6. Section 601 of the labor law, as added by chapter 2 of  the  laws
of  1971,  paragraphs  (a)  and  (b)  of subdivision 1, paragraph (e) of
subdivision 2, subdivisions 3 and 6 as  amended  and  paragraph  (f)  of

A. 8100                             4

subdivision 2 as added by chapter 554 of the laws of 1982, clause (i) of
subparagraph 1 of paragraph (a) of subdivision 1 as amended by section 3
of  chapter  554 of the laws of 1982, paragraphs (c) and (d) of subdivi-
sion  2 as amended by chapter 1035 of the laws of 1981, subdivision 4 as
amended by chapter 589 of the laws of 1998, subdivision 5 as amended  by
chapter  1034  of the laws of 1981 and paragraph (f) of subdivision 5 as
added by chapter 341 of the laws of 1993, is amended to read as follows:
  S 601. Extended benefits. 1. Definitions. For  the  purposes  of  this
section:
  (a)  (1)  There  shall  be  a "state 'on' indicator" for a week if, as
determined by the commissioner in accordance with the regulations of the
secretary of labor of the United States, the rate of  insured  unemploy-
ment  for  the  period  consisting of such week and the preceding twelve
weeks [equals or exceeds]
  (i) EQUALED OR EXCEEDED five [percentum] PER CENTUM and
  (ii) EQUALED OR EXCEEDED one hundred and twenty [percentum] PER CENTUM
of the average of such rates for the corresponding thirteen-week periods
ending in each of the preceding two calendar years; OR
  (III) FOR WEEKS OF UNEMPLOYMENT BEGINNING ON OR AFTER FEBRUARY  FIRST,
TWO  THOUSAND  NINE  UNTIL THE WEEK ENDING THREE WEEKS PRIOR TO THE LAST
WEEK FOR WHICH ONE HUNDRED PERCENT  FEDERAL  SHARING  IS  AUTHORIZED  BY
SECTION 2005(A) OF PUBLIC LAW 111-5, OR FOR WEEKS OF UNEMPLOYMENT ENDING
THREE  WEEKS  PRIOR TO THE LAST WEEK FOR WHICH CONGRESS, PURSUANT TO ANY
FUTURE AMENDMENT OF THE FEDERAL STATE EXTENDED COMPENSATION ACT OF 1970,
HAS AUTHORIZED ONE HUNDRED  PERCENT  FEDERAL  SHARING,  WHICH  MEET  THE
FOLLOWING:
  (A)  THE  AVERAGE RATE OF TOTAL UNEMPLOYMENT (SEASONABLY ADJUSTED), AS
DETERMINED BY THE UNITED STATES  SECRETARY  OF  LABOR,  FOR  THE  PERIOD
CONSISTING OF THE MOST RECENT THREE MONTHS FOR WHICH DATA FOR ALL STATES
ARE  PUBLISHED  BEFORE  THE CLOSE OF SUCH WEEK EQUALS OR EXCEEDS SIX AND
ONE-HALF PERCENT, AND
  (B) THE AVERAGE RATE OF TOTAL UNEMPLOYMENT IN  THE  STATE  (SEASONABLY
ADJUSTED),  AS  DETERMINED  BY THE UNITED STATES SECRETARY OF LABOR, FOR
THE THREE-MONTH PERIOD REFERRED TO IN ITEM (A) OF THIS CLAUSE, EQUALS OR
EXCEEDS ONE HUNDRED TEN PERCENT OF THE AVERAGE FOR EITHER OR BOTH OF THE
CORRESPONDING THREE-MONTH PERIODS ENDING IN THE TWO  PRECEDING  CALENDAR
YEARS; OR
  (IV)  FOR  ANY  PERIOD OF HIGH UNEMPLOYMENT WHICH SHALL OTHERWISE MEET
ALL OF THE PROVISIONS OF CLAUSE (III) OF THIS SUBPARAGRAPH, EXCEPT  THAT
"EIGHT  PERCENT"  IS  SUBSTITUTED FOR "SIX AND ONE-HALF PERCENT" IN ITEM
(A) OF CLAUSE (III) OF THIS SUBPARAGRAPH.
  (2) There shall be a "state 'off' indicator" for a week [if, as deter-
mined by the commissioner in accordance  with  the  regulations  of  the
secretary  of  labor  of the United States, for the period consisting of
such week and the preceding twelve weeks either of  the  conditions  set
forth under (i) or (ii) of subparagraph (1) is not met] ONLY, IF FOR THE
PERIOD  CONSISTING  OF  SUCH  WEEK  AND THE IMMEDIATELY PRECEDING TWELVE
WEEKS, NONE OF THE OPTIONS SPECIFIED IN SUBPARAGRAPH ONE OF  THIS  PARA-
GRAPH RESULT IN AN "ON" INDICATOR. NOTWITHSTANDING ANY PROVISION OF THIS
ARTICLE, THERE SHALL BE A "STATE 'OFF' INDICATOR" WITH RESPECT TO CLAUS-
ES  (III)  AND  (IV)  OF SUBPARAGRAPH ONE OF THIS PARAGRAPH FOR THE WEEK
ENDING THREE WEEKS PRIOR TO THE LAST WEEK FOR WHICH ONE HUNDRED  PERCENT
FEDERAL  SHARING IS AUTHORIZED BY SECTION 2005(A) OF PUBLIC LAW 111-5 OR
FOR THE WEEK ENDING THREE  WEEKS  PRIOR  TO  THE  LAST  WEEK  FOR  WHICH
CONGRESS, PURSUANT TO ANY FUTURE AMENDMENT OF THE FEDERAL STATE EXTENDED

A. 8100                             5

COMPENSATION  ACT  OF  1970,  HAS AUTHORIZED ONE HUNDRED PERCENT FEDERAL
SHARING.
  (3)  "Rate  of  insured  unemployment"  means for the purposes of this
paragraph the percentage  obtained  upon  dividing  the  average  weekly
number  of  persons filing claims for regular benefits in this state for
unemployment with respect to the most recent thirteen  consecutive  week
period,  as  determined  by  the commissioner on the basis of his OR HER
reports to the secretary of labor of the United States, by  the  average
monthly  employment  subject  to  this article for the first four of the
last six calendar quarters ending before the end of such period.  Compu-
tations  required hereunder shall be made in accordance with regulations
prescribed by the secretary of labor of the United States.
  (4) "RATE OF TOTAL UNEMPLOYMENT" MEANS, FOR THE PURPOSES OF THIS PARA-
GRAPH, THE AVERAGE PERCENTAGE OBTAINED BY DIVIDING THE TOTAL  NUMBER  OF
UNEMPLOYED  RESIDENTS OF THE STATE FOR THE MOST RECENT THREE CONSECUTIVE
MONTHS, AS DETERMINED BY THE UNITED STATES BUREAU OF  LABOR  STATISTICS,
BY  THE TOTAL CIVILIAN LABOR FORCE OF THE STATE FOR THE SAME THREE-MONTH
PERIOD, ALSO AS DETERMINED BY THE UNITED STATES BUREAU OF LABOR  STATIS-
TICS.  COMPUTATIONS  REQUIRED HEREUNDER SHALL BE MADE IN ACCORDANCE WITH
REGULATIONS PRESCRIBED BY THE SECRETARY OF LABOR OF THE UNITED STATES.
  (b) "Extended benefit period" means a period
  (1) beginning with the third week after the first week for which there
is a state "on" indicator, except that it may not begin before the four-
teenth week after the end of a prior extended benefit period, and
  (2) ending with the third week after the first week for which there is
a state "off" indicator, except that the duration of such  period  shall
in no event be less than thirteen weeks.
  [(d)] (C) "Eligibility period" of a claimant means the period consist-
ing  of  the weeks in his OR HER benefit year which begin in an extended
benefit period and, if his OR HER benefit year ends within such extended
benefit period,  any  weeks  thereafter  which  begin  in  such  period.
NOTWITHSTANDING  ANY PROVISION OF THIS ARTICLE, A CLAIMANT'S ELIGIBILITY
PERIOD SHALL INCLUDE ANY ALTERNATIVE ELIGIBILITY PERIOD PROVIDED FOR  IN
SECTION 2005(B) OF PUBLIC LAW 111-5 OR OTHER FEDERAL LAW.
  [(e)] (D) "Extended benefits" means benefits, INCLUDING BENEFITS PAYA-
BLE  TO  FEDERAL  CIVILIAN  EMPLOYEES AND TO EX-SERVICEMEN PURSUANT TO 5
U.S.C. CHAPTER 85, payable to a claimant under the  provisions  of  this
section for unemployment in his OR HER eligibility period.
  [(f)]  (E)  "Regular  benefits"  means  benefits payable to a claimant
under this article or under any other State unemployment insurance  law,
INCLUDING  BENEFITS PAYABLE TO FEDERAL CIVILIAN EMPLOYEES AND TO EX-SER-
VICEMEN PURSUANT TO 5 U.S.C. CHAPTER 85, other than extended benefits.
  2. Eligibility conditions. Extended benefits shall  be  payable  to  a
claimant  for effective days 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;

A. 8100                             6

  (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; [and]
  (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 effective days for which extended
benefits shall otherwise be payable  pursuant  to  an  interstate  claim
filed under the interstate benefit payment plan; and
  (f)  in  his OR HER base period has [twenty weeks of full time employ-
ment subject to this article or] remuneration [which equals  or  exceeds
forty  times his most recent benefit rate] OF ONE AND ONE-HALF TIMES THE
HIGH CALENDAR QUARTER EARNINGS IN ACCORDANCE WITH SECTION  FIVE  HUNDRED
TWENTY-SEVEN OF THIS ARTICLE.
  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 effective days with respect to his  OR
HER  applicable benefit year, with a total maximum amount equal to fifty
[percentum] PER CENTUM 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
for  which  he  OR SHE was entitled to receive trade readjustment allow-
ances 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.
  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

A. 8100                             7

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.
  5. Applicability of other provisions. (a) Unless inconsistent with the
provisions  of  this section, all provisions of this article shall apply
to [entended] EXTENDED benefits in the same  manner  as  they  apply  to
regular benefits.
  (b) No days of total 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.
  (c)  For  purposes  of  this  subdivision,  "suitable  work" means any
employment which is within the claimant's capabilities, but if he OR SHE
furnishes evidence that his OR HER prospects for obtaining work  in  his
OR  HER  customary occupation within a reasonably short period are good,
the provisions of subdivision two of section five  hundred  ninety-three
of this article shall apply instead of the provisions hereof.
  (d)  Notwithstanding  the foregoing, a claimant shall not be disquali-
fied for a failure to accept an offer of or apply for suitable work if
  (i) the gross average weekly remuneration payable for  the  employment
does  not  exceed  the  claimant's  benefit  rate plus the amount of any
supplemental unemployment compensation benefits (as defined  in  section
five  hundred  one (c) (17) (D) of the internal revenue code of nineteen
hundred fifty-four) payable to the claimant for such week; or
  (ii) the employment was not offered to the claimant in writing and was
not listed with the department; or
  (iii) such failure would not result in denial of regular benefits,  to
the  extent  that  the provisions of this article for payment of regular
benefits are not inconsistent with the provisions of  this  subdivision;
or
  (iv)  the  employment  pays  wages less than the higher of the minimum
wage provided by section six (a) (1) of the fair labor standards act  of
nineteen  hundred  thirty-eight, without regard to any exemption, or the
minimum wage provided under this chapter; OR
  (V) THE CLAIMANT IS IN APPROVED  TRAINING  PURSUANT  TO  SECTION  FIVE
HUNDRED NINETY-NINE OF THIS TITLE.
  (e) No days of total unemployment shall be deemed to occur in any week
within  an  eligibility  period  [with  respect  to  a  claimant who was
disqualified for twelve months for  an  act  constituting  a  felony  as
provided in subdivision four of] UNDER section five hundred ninety-three
of  this  article, until he OR SHE has subsequently worked in employment
[on not less than three days in each of four weeks or  earned  remunera-
tion  of  at  least two hundred dollars, whether during or subsequent to
the twelve month period] IN ACCORDANCE WITH THE REQUIREMENTS  SET  FORTH
IN SECTION FIVE HUNDRED NINETY-THREE OF THIS ARTICLE.
  [(f) The provisions of paragraphs (b), (c), (d) and (e) of subdivision
five  of this section shall not apply to weeks of unemployment beginning
after March sixth, nineteen  hundred  ninety-three  and  before  January
first, nineteen hundred ninety-five.]
  6.  Suspension  of  condition  for  state indicators. The governor, by
executive order, upon advice by the [industrial]  commissioner  and  the

A. 8100                             8

commissioner  of [commerce] ECONOMIC DEVELOPMENT may for a period speci-
fied in the order suspend the applicability of the provisions of  [item]
CLAUSE  (ii)  of  subparagraph [(1)] ONE of paragraph (a) of subdivision
one of this section, or of the reference to such [item] SUBPARAGRAPH ONE
in  subparagraph  [(2)]  TWO of such paragraph, or of both, if he OR SHE
finds that such suspension is  required  in  order  to  assure  adequate
payment  of  benefits to unemployed workers in the state who are experi-
encing unemployment for an  extended  duration,  provided  the  rate  of
insured  unemployment  for  the  applicable period equals or exceeds six
[percentum] PER CENTUM and such suspension is not in conflict  with  the
provisions  of the federal-state extended unemployment compensation act.
The governor may at any time prolong or shorten the period specified  in
such order.
  S  7.  This  act shall take effect immediately provided, however, that
section one of this act shall take effect October 1, 2009.