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

                                  5156

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 20, 2013
                               ___________

Introduced  by  M.  of A. BRENNAN, JAFFEE, ABBATE, PEOPLES-STOKES, COOK,
  CASTRO, CLARK, HOOPER -- Multi-Sponsored by -- M. of A. BARRON,  GOTT-
  FRIED,  SCHIMEL, WEISENBERG -- read once and referred to the Committee
  on Labor

AN ACT to amend the labor law, in relation to eligibility for  unemploy-
  ment insurance benefits

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

  Section 1. Subdivision 1, paragraph (a) of subdivision 2 and  subdivi-
sion  4  of  section  527  of the labor law, subdivision 1 as amended by
chapter 413 of the laws of 2003,  paragraph  (a)  of  subdivision  2  as
amended by chapter 5 of the laws of 2000 and subdivision 4 as amended by
chapter  832 of the laws of 1968 and as renumbered by chapter 381 of the
laws of 1984, are amended to read as follows:
  1. Basic condition. "Valid original claim"  is  a  claim  filed  by  a
claimant  who  meets  the following qualifications: (a) is able to work,
and available for work; (b) is not subject to  any  disqualification  or
suspension  under  this  article; (c) his previously established benefit
year, if any, has expired; (d) has been paid remuneration  by  employers
liable  for contributions or for payments in lieu of contributions under
this article, other than employers from whom the claimant  lost  employ-
ment  under conditions which would be disqualifying pursuant to subdivi-
sion three of section five hundred ninety-three  of  this  article,  for
employment  [during  at  least two calendar quarters of the base period,
with remuneration of one and one-half times the  high  calendar  quarter
earnings  within  the  base  period  and  with at least one thousand six
hundred dollars of such remuneration being paid during the high calendar
quarter of such base period. For purposes of this section, the  earnings
in  the  high  calendar quarter of the base period used in determining a
valid original claim shall not exceed  an  amount  equal  to  twenty-two
times  the  maximum  benefit  rate  as  set forth in subdivision five of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09109-01-3
              

A. 5156                             2

section five hundred ninety of this article for all individuals]  OF  AT
LEAST  ONE  HUNDRED THIRTY HOURS OF WORK IN THE HIGHEST CALENDAR QUARTER
OF THE BASE PERIOD AND AT LEAST ONE HUNDRED NINETY-FIVE  HOURS  OF  WORK
WITHIN THE FOUR QUARTERS OF THE BASE PERIOD.
  (a)  An  individual  who  is  unable to file a valid original claim in
accordance with subdivision one of this section, files a valid  original
claim  by  meeting  the qualifications enumerated in paragraphs (a), (b)
and (c) of subdivision one of this  section  and  by  having  been  paid
remuneration  by  employers  liable for contributions or for payments in
lieu of contributions under this article, other than employers from whom
the claimant lost employment under conditions  which  are  disqualifying
pursuant  to  subdivision  three of section five hundred ninety-three of
this article, for employment [during at least two calendar  quarters  of
the  base  period,  with remuneration of one and one-half times the high
calendar quarter earnings within the base period and with at  least  one
thousand  six hundred dollars of such remuneration being paid during the
high calendar quarter of such base period. For purposes of this section,
the earnings in the high calendar quarter of the  base  period  used  in
determining  a  valid original claim shall not exceed an amount equal to
twenty-two times the maximum benefit rate as set  forth  in  subdivision
five of section five hundred ninety of this article for all individuals]
OF  AT  LEAST  ONE  HUNDRED THIRTY HOURS OF WORK IN THE HIGHEST CALENDAR
QUARTER OF THE BASE PERIOD AND AT LEAST ONE HUNDRED NINETY-FIVE HOURS OF
WORK WITHIN THE FOUR QUARTERS OF THE BASE PERIOD.
  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. NOTWITHSTANDING ANY OTHER PROVISION OF LAW,  DURING  ANY  WEEK  OF
UNEMPLOYMENT  WHERE  THE  CLAIMANT  IS EMPLOYED PART-TIME, THE FIRST ONE
HUNDRED DOLLARS OF EARNINGS RECEIVED BY SUCH CLAIMANT FOR SUCH PART-TIME
EMPLOYMENT SHALL NOT REDUCE THE BENEFITS RECEIVED FOR A  VALID  ORIGINAL
CLAIM.  FOR EACH ONE DOLLAR OF EARNINGS IN EXCESS OF ONE HUNDRED DOLLARS
RECEIVED BY SUCH CLAIMANT FOR SUCH PART-TIME  EMPLOYMENT,  THE  BENEFITS
RECEIVED  FOR  A  VALID ORIGINAL CLAIM FOR THAT WEEK SHALL BE REDUCED BY
SEVENTY-FIVE CENTS.
  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.