Assembly Bill A2822

2011-2012 Legislative Session

Limits liability for unemployment claims of certain claimants employed by municipalities

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-A2822 (ACTIVE) - Details

Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Amd §581, Lab L
Versions Introduced in 2009-2010 Legislative Session:
A2216

2011-A2822 (ACTIVE) - Summary

Provides that where an unemployment claimant was employed by a municipality for less than 2 days during the year preceding the filing of a valid claim and continues to be so employed, the municipality's unemployment account shall not be charged for unemployment benefits paid to such claimant.

2011-A2822 (ACTIVE) - Bill Text download pdf 

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

                                  2822

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2011
                               ___________

Introduced by M. of A. CALHOUN, KOLB, McDONOUGH -- Multi-Sponsored by --
  M. of A. CROUCH, SAYWARD -- read once and referred to the Committee on
  Labor

AN  ACT  to amend the labor law, in relation to experience rating charge
  for unemployment benefits

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

  Section 1. Subparagraph 5 of paragraph (e) of subdivision 1 of section
581  of the labor law, as amended by chapter 589 of the laws of 1998, is
amended to read as follows:
  (5)  If an employer who employed the claimant in the four weeks  imme-
diately preceding the filing of a valid original claim demonstrates that
the  employer has continuously employed the claimant without significant
interruption and substantially to the same extent and in the same manner
as during the weeks immediately preceding the filing of a valid original
claim in which the claimant was employed by such employer, OR WHERE  THE
CLAIMANT  WAS EMPLOYED BY A MUNICIPALITY FOR LESS THAN TWO DAYS PER WEEK
DURING THE YEAR IMMEDIATELY PRECEDING THE FILING  OF  A  VALID  ORIGINAL
CLAIM  AND CONTINUES TO BE EMPLOYED BY SUCH MUNICIPALITY, the account of
such employer shall not be charged with benefits paid to  such  claimant
for  any weeks of such continuing employment, and such experience rating
charges shall be made to the general account.  The provisions set  forth
in the foregoing sentence shall apply with respect to an employer liable
for  payments in lieu of contributions, but if the secretary of labor of
the United States finds that their application to such    employer  does
not  meet  the  requirements  of  the federal unemployment tax act, such
provisions shall not thereafter apply to such employer, unless and until
such finding has been set aside pursuant to a final decision  issued  in
accordance  with  such  judicial review proceedings as may be instituted
and completed under the provisions of section thirty-three  hundred  ten
of the federal unemployment tax act.
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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