Senate Bill S1098

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

                                  1098

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 26, 2009
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Labor

AN ACT to amend the labor law,  in  relation  to  unemployment  benefits
  based on professional employment with educational institutions; and to
  repeal  subdivision  11  of section 590 of such law, relating to unem-
  ployment benefits based on non-professional  employment  with  certain
  educational institutions

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

  Section 1. Subdivision 10 of section 590 of the labor law, as  amended
by  chapter 589 of the laws of 1998, the opening paragraph as amended by
chapter 734 of the laws of 2004 and paragraph (c) as amended by  chapter
102 of the laws of 2002, is amended to read as follows:
  10.    Benefits  based on professional AND NON-PROFESSIONAL employment
with educational institutions, including the  state  university  of  New
York, the city university of New York and any public community colleges.
If  a  claimant was employed in an instructional, research, or principal
administrative capacity by an institution of  education,  including  the
state  university  of  New York, the city university of New York and any
public community colleges, or performed services in such an  institution
in  such  capacity  while employed by an educational service agency, the
following shall apply to any week commencing during the  period  between
two  successive  academic  years  or  terms,  or during a similar period
between two regular but not successive terms when the contract  provides
therefor  instead,  provided the claimant has a contract to perform[, or
there is  a  reasonable  assurance  that  the  claimant  will  perform],
services  in  such capacity for any such institution or institutions for
both of such academic years or such terms, and to  any  week  commencing
during  an  established and customary vacation period or holiday recess,
not  between  such  academic  terms  or  years,  provided  the  claimant
performed services for such institution immediately before such vacation

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03642-02-9
              

S. 1098                             2

period  or  holiday  recess and there is a reasonable assurance that the
claimant will perform any services described  in  this  subdivision  [or
subdivision  eleven of this section] in the period immediately following
such vacation period or holiday recess:
  (a) In the case of a claimant who has no current benefit year, whether
the  claimant  meets the conditions of section five hundred twenty-seven
OF THIS ARTICLE in any such week shall be determined by disregarding the
remuneration paid for such employment.
  (b) In the case of a claimant who does have a current benefit year, no
benefits shall be payable with respect to any  such  week  provided  the
claimant would not have met the conditions of section five hundred twen-
ty-seven OF THIS ARTICLE in the week in which the claimant filed a valid
original  claim  if  the remuneration paid for such employment is disre-
garded.
  (c) The benefit rate of a claimant with respect to any such week shall
be determined or redetermined by disregarding the remuneration paid  for
such employment.
  "Educational  service  agency"  means a governmental agency or govern-
mental entity or Indian tribal entity which is established and  operated
exclusively  for  the  purpose  of  providing to one or more educational
institutions services mentioned under this subdivision  [or  subdivision
eleven of this section].
  For  purposes  of  this  subdivision  [or  subdivision  eleven of this
section], "educational institution"  shall  include  any  not-for-profit
community  art  school  which  is  chartered as a school by the board of
regents of the university of state of New York.
  S 2. Subdivision 11 of section 590 of the labor law is REPEALED.
  S 3. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.
  REPEAL NOTE.--Subdivision 11 of section 590 of the labor law, proposed
to be repealed by section two of this act, relates to limiting the unem-
ployment  insurance  benefits  which  a  non-professional employee of an
educational institution may receive during vacation periods.