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

                                  4854

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 8, 2011
                               ___________

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

AN  ACT to amend the labor law, in relation to unemployment benefits for
  part-time workers; and to repeal certain provisions of the  labor  law
  relating thereto

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

  Section 1. The labor law is amended by adding two new  sections  514-a
and 514-b to read as follows:
  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 ARTICLE
WHICH  IS  NOT  IN  EXCESS OF TWENTY-FIVE PER CENTUM OF THE INDIVIDUAL'S
WEEKLY BENEFIT RATE.
  S 514-B. EMPLOYMENT INCENTIVE CREDIT.  "EMPLOYMENT  INCENTIVE  CREDIT"
MEANS  TWENTY-FIVE PER CENTUM OF THE TOTAL REMUNERATION PAID TO A CLAIM-
ANT IN EXCESS OF THE PARTIAL BENEFIT CREDIT, PROVIDED THAT WHEN ADDED TO
THE PARTIAL BENEFIT CREDIT  A  CLAIMANT'S  EMPLOYMENT  INCENTIVE  CREDIT
CANNOT EXCEED FIFTY PER CENTUM OF THE INDIVIDUAL'S WEEKLY BENEFIT RATE.
  S  2.  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 AND PARTIAL UNEMPLOYMENT.  "Total  unemploy-
ment"  means  the  total  lack of any employment [on any day] DURING ANY
WEEK. "PARTIAL UNEMPLOYMENT" MEANS 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 PLUS THE EMPLOYMENT INCENTIVE CREDIT.  The term  "employ-
ment"  as  used  in this section means any employment including that not
defined in this title.
  S 3. Section 523 of the labor law is REPEALED and a new section 523 is
added to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05062-02-1
              

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  S 523. EFFECTIVE WEEK. "EFFECTIVE WEEK" MEANS (A) A WEEK DURING  WHICH
A  CLAIMANT  PERFORMS NO SERVICES FOR WHICH THE CLAIMANT IS PAID COMPEN-
SATION, OR (B) A WEEK DURING WHICH A CLAIMANT  PERFORMS  SERVICES  ON  A
PART-TIME BASIS FOR WHICH THE CLAIMANT IS PAID COMPENSATION THAT IS LESS
THAN  THE CLAIMANT'S WEEKLY BENEFIT RATE PLUS HIS OR HER PARTIAL BENEFIT
CREDIT PLUS THE EMPLOYMENT INCENTIVE CREDIT.
  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 and
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
services in such educational institutions for claimants employed  by  an

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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
remuneration  paid  by  each  employer  to the claimant during that base

A. 4854                             4

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. Subdivisions 1 and 3 of section 590 of the labor law, as amended
by chapter 645 of the laws of 1951, are 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  has
complied with the provisions of this article regarding the filing of his
claim,  including  the  filing  of a valid original claim, registered as
totally OR PARTIALLY unemployed, reported his subsequent employment  and
unemployment,  and  reported  for  work or otherwise given notice of the
continuance of his unemployment.
  3. Compensable periods. Benefits shall be paid for each  [accumulation
of] effective [days within a] week.
  S  7.  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 8. 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  WHO
IS  PARTIALLY  UNEMPLOYED  WITH  RESPECT  TO ANY EFFECTIVE WEEK SHALL BE
PAID, 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 PLUS
HIS OR HER EMPLOYMENT INCENTIVE 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 bene-
fit  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.
  S 9. 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.

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  S  10.  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  has
accumulated a waiting period of [four effective days either wholly with-
in  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  11.  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  usual  employment  or  in  any other for which he 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 claim-
ant's service on a grand or petit jury of any state  or  of  the  United
States.
  S  12.  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 usual employment or in any  other  for  which  he  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 claim-
ant's  service  on  a  grand or petit jury of any state or of the United
States.
  S 13. Subparagraph (i) of paragraph (b) of subdivision  2  of  section
591-a  of the labor law, as added by chapter 413 of the laws of 2003, 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, 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  14.  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 is not entitled to  such  unem-
ployment benefits.
  S  15. Paragraph (a) of subdivision 1 of section 593 of the labor law,
as amended by chapter 35 of the laws of 2009,  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 five times his or
her weekly benefit rate. In addition to other circumstances that may  be

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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
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 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  16.  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
chapter  5 of the laws of 2000, paragraph (a) as added by chapter 589 of
the laws of 1998 and 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 is reasonably fitted  by  training  and
experience,  including  employment not subject to this article, until he
has subsequently worked in employment and earned remuneration  at  least
equal  to  five times his or her weekly benefit rate. Except that claim-
ants who are not subject to a recall date or who do not  obtain  employ-
ment  through  a  union  hiring  hall and who are still unemployed after
receiving thirteen 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; OR
  (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 residence,
or travel to and from the place of employment involves expense  substan-
tially  greater  than  that required in his 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 17. Subdivisions 3 and 4 of section 593 of the labor law, as amended
by chapter 589 of the laws of 1998, are 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

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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 five times his or her weekly benefit rate.
  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 18. Section 594 of the labor law, as amended by chapter 728  of  the
laws  of 1952 and the opening paragraph as amended by chapter 139 of the
laws of 1968, is amended to read as follows:
  S 594. Reduction of benefits for false statement. 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  effec-
tive  [days]  WEEKS  following  discovery  of  such offense for which he
otherwise would have been entitled to  receive  benefits.  Such  penalty
shall apply only once with respect to each such offense.
  For  the purpose of subdivision four of section five hundred ninety of
this article, the claimant shall be deemed to have received benefits for
such forfeited effective [days] WEEKS.
  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 on which the offense was commit-
ted.
  A claimant shall refund all moneys  received  because  of  such  false
statement or representation made by him.
  S  19.  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 was last employed or in  which  he  resides  within
such  time  and  in  such manner as the commissioner shall prescribe. He
shall disclose whether he 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  enforce-
ment agency, as hereafter defined, that the claimant is eligible.
  A  claimant  shall correctly report any [days] WEEKS of employment and
any compensation he received for such employment, including  employments
not  subject  to  this article, and the [days on ] WEEKS DURING which he
was totally unemployed OR  PARTIALLY  UNEMPLOYED  and  shall  make  such
reports  in  accordance  with such regulations as the commissioner shall
prescribe.
  S 20. 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, is amended to read as follows:

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  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 was last employed  or  in  which  he
resides  in  accordance  with such regulations as the commissioner 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  unemployment  as  often  and in such manner as the
commissioner shall prescribe.
  S 21. 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 22. Subdivision 1 of section 600 of the labor law, as added by chap-
ter 793 of the laws of 1963, is amended to read as follows:
  1. Reduction of benefit rate. If a claimant retires or is retired from
employment by an employer and, due to such retirement,  is  receiving  a
pension  or retirement payment under a plan financed in whole or in part
by such employer, such claimant's benefit rate for [four] ONE  effective
[days] WEEK otherwise applicable under subdivision seven of section five
hundred ninety shall be reduced as hereinafter provided.
  S  23.  Subdivisions  2,  3  and 4 of section 601 of the labor law, as
amended by chapter 35 of the laws  of  2009,  are  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

A. 4854                             9

benefits, including not being subject to a disqualification  or  suspen-
sion;
  (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] THIRTEEN effective [days]  WEEKS
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 remuneration  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] 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.
  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 24. Paragraphs (b) and (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:
  (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

A. 4854                            10

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.
  (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, until he or she
has  subsequently  worked  in employment in accordance with the require-
ments set forth in section five hundred ninety-three of this article.
  S 25. Section 603 of the labor law, as added by  chapter  438  of  the
laws of 1985, 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 PLUS THE EMPLOYMENT INCENTIVE CREDIT, other than
with an employer applying for a shared work program. "Full  time  hours"
shall  mean at least thirty-five but not more than forty hours per week,
and shall not include overtime as defined in the  Fair  Labor  Standards
Act.  "Work  force" shall mean the total work force, a clearly identifi-
able unit or units thereof, or a particular shift or shifts.
  S 26. This act shall take effect immediately; provided, however,  that
the  amendments to subdivision 1 of section 591 of the labor law made by
section eleven 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
twelve of this act shall take effect; provided, further, that the amend-
ments to section 591-a of the labor law made by section thirteen of this
act shall not affect the repeal of such  section  and  shall  be  deemed
repealed therewith.