Assembly Bill A9725

2011-2012 Legislative Session

Relates to the elimination of employer unemployment contributions for employees fired for misconduct

download bill text pdf

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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-A9725 (ACTIVE) - Details

See Senate Version of this Bill:
S6850
Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Amd §§581 & 593, add §§594-a & 593-a, Lab L
Versions Introduced in Other Legislative Sessions:
2013-2014: A2633, S1953
2015-2016: A4015

2011-A9725 (ACTIVE) - Summary

Relates to the elimination of employer unemployment contributions for employees fired for misconduct.

2011-A9725 (ACTIVE) - Bill Text download pdf

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

    S. 6850                                                  A. 9725

                      S E N A T E - A S S E M B L Y

                             March 29, 2012
                               ___________

IN  SENATE  -- Introduced by Sens. RITCHIE, BONACIC, DeFRANCISCO, GALLI-
  VAN, GOLDEN,  GRIFFO,  GRISANTI,  JOHNSON,  LARKIN,  MARTINS,  O'MARA,
  RANZENHOFER,  SALAND, SEWARD, VALESKY -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Labor

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

AN ACT to amend the labor law, in relation to the elimination of employ-
  er unemployment contributions for employees fired for misconduct

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

  Section 1.   Subparagraph 2 of  paragraph  (e)  of  subdivision  1  of
section  581  of the labor law is amended by adding a new clause (vi) to
read as follows:
  (VI) IN THOSE INSTANCES WHERE THE CLAIMANT HAS  BEEN  DENIED  BENEFITS
DUE  TO  TERMINATION  FOR  MISCONDUCT, THE TERMINATING EMPLOYER SHALL BE
EXCLUDED FROM A CALCULATION OF BENEFITS UNDER THIS SUBPARAGRAPH.
  S 2. Section 581 of the labor law is amended by adding a new  subdivi-
sion 2-a to read as follows:
  2-A. AN EMPLOYER'S ACCOUNT SHALL NOT BE CHARGED, AND CHARGES SHALL NOT
BE  MADE  TO  THE  GENERAL ACCOUNT, FOR BENEFITS PAID TO A CLAIMANT WHEN
SUCH CLAIMANT FITS THE CRITERIA DESCRIBED IN SECTION FIVE HUNDRED  NINE-
TY-FOUR-A OF THIS ARTICLE OR WHEN SUCH EMPLOYER IS SUCCESSFUL IN A HEAR-
ING AS PROVIDED BY SECTION FIVE HUNDRED NINETY-THREE-A OF THIS ARTICLE.
  S 3. The labor law is amended by adding a new section 594-a to read as
follows:
  S 594-A. REDUCTION IN BENEFITS DUE TO MISCONDUCT. 1. WHENEVER AN INDI-
VIDUAL  WHO  HAS  FILED A PREVIOUS VALID ORIGINAL CLAIM PURSUANT TO THIS
TITLE HAS RECEIVED REMUNERATION FROM EMPLOYMENT SUBSEQUENT TO  FILING  A
VALID  ORIGINAL  CLAIM  AND  SUCH  INDIVIDUAL  HAS BEEN RELIEVED OF SUCH
EMPLOYMENT THROUGH MISCONDUCT, SUCH INDIVIDUAL'S  VALID  ORIGINAL  CLAIM
SHALL  BE  REDUCED  BY THE AMOUNT OF REMUNERATION RECEIVED SUBSEQUENT TO
FILING THE VALID ORIGINAL CLAIM;  PROVIDED  THAT  SUCH  REDUCTION  SHALL
APPLY  TO  AT  LEAST  THE  FIRST FOUR BUT NOT MORE THAN THE FIRST EIGHTY

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

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