S T A T E O F N E W Y O R K
________________________________________________________________________
7157
2013-2014 Regular Sessions
I N A S S E M B L Y
May 3, 2013
___________
Introduced by M. of A. WRIGHT, JAFFEE, COLTON, ROBINSON, ROSENTHAL,
DINOWITZ, MILLMAN, CLARK, NOLAN, MARKEY, RAMOS, LIFTON, LAVINE, PERRY,
BOYLAND, O'DONNELL, BRONSON -- Multi-Sponsored by -- M. of A. AUBRY,
BENEDETTO, BRENNAN, CAHILL, COOK, GUNTHER, HEASTIE, JACOBS, LUPARDO,
PAULIN, PEOPLES-STOKES, PRETLOW, RABBITT, RUSSELL, SCHIMEL, SWEENEY,
WEINSTEIN, WEISENBERG -- read once and referred to the Committee on
Labor
AN ACT to amend the labor law, in relation to the unemployment insurance
law, increasing the maximum benefit rate for unemployment insurance
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (a) of subdivision 1 of section 518 of the labor
law, as amended by chapter 589 of the laws of 1998, is amended to read
as follows:
(a) "Wages" means all remuneration paid, except that such term does
not include remuneration paid to an employee by an employer after [eight
thousand five hundred] NINE THOUSAND SEVEN HUNDRED FIFTY dollars have
been paid to such employee by such employer with respect to employment
during any calendar year PRECEDING THE FIRST DAY OF JANUARY, TWO THOU-
SAND FIFTEEN, NOR TO INCLUDE REMUNERATION PAID TO AN EMPLOYEE BY AN
EMPLOYER AFTER TWELVE THOUSAND FIVE HUNDRED DOLLARS HAVE BEEN PAID TO
SUCH EMPLOYEE BY SUCH EMPLOYER WITH RESPECT TO EMPLOYMENT DURING ANY
CALENDAR YEAR PRECEDING THE FIRST DAY OF JANUARY, TWO THOUSAND SIXTEEN,
NOR TO INCLUDE REMUNERATION PAID TO AN EMPLOYEE BY AN EMPLOYER AFTER
THIRTEEN THOUSAND FIVE HUNDRED DOLLARS HAVE BEEN PAID TO SUCH EMPLOYEE
BY SUCH EMPLOYER WITH RESPECT TO EMPLOYMENT DURING ANY CALENDAR YEAR
PRECEDING THE FIRST DAY OF JANUARY, TWO THOUSAND SEVENTEEN. IN EACH
SUCCEEDING CALENDAR YEAR, THE DEPARTMENT SHALL CALCULATE THE BASE AMOUNT
OF REMUNERATION NECESSARY FROM WHICH TO PRODUCE SUFFICIENT PREMIUM TO
PROVIDE FOR THE ANNUAL INCREASES IN MAXIMUM WEEKLY BENEFIT PROVIDED FOR
IN THIS ARTICLE, AND OTHER FUNDING FOR THE UNEMPLOYMENT INSURANCE TRUST
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00719-02-3
A. 7157 2
FUND PURSUANT TO SECTION FIVE HUNDRED FIFTY OF THIS ARTICLE, AS MAY BE
NECESSARY. The term "employment" includes for the purposes of this
subdivision services constituting employment under any unemployment
compensation law of another state or the United States.
S 2. Paragraph (a) of subdivision 1 of section 518 of the labor law,
as amended by section 1 of part O of chapter 57 of the laws of 2013, is
amended to read as follows:
(a) "Wages" means all remuneration paid, except that such term does
not include remuneration paid to an employee by an employer after
[eight] NINE thousand [five] SEVEN hundred FIFTY dollars have been paid
to such employee by such employer with respect to employment during any
calendar year PRECEDING THE FIRST DAY OF JANUARY, TWO THOUSAND FOURTEEN,
except that such term does not include remuneration paid to an employee
by an employer with respect to employment during any calendar year
beginning with the first day of
that exceeds
January 2014 $10,300
January 2015 [$10,500] $12,500
January 2016 [$10,700
January 2017 $10,900
January 2018 $11,100
January 2019 $11,400
January 2020 $11,600
January 2021 $11,800
January 2022 $12,000
January 2023 $12,300
January 2024 $12,500
January 2025 $12,800
January 2026 $13,000
and each year thereafter on the first day of January that exceeds
sixteen percent of the state's average annual wage as determined by the
commissioner on an annual basis pursuant to section five hundred twen-
ty-nine of this article; provided, however, that in calculating such
maximum amount of remuneration, the amount arrived at by multiplying the
state's average annual wage times sixteen percent shall be rounded up to
the nearest hundred dollars. In no event shall the state's annual aver-
age wage be reduced from the amount determined in the previous year.]
$13,500.
IN EACH SUCCEEDING CALENDAR YEAR, THE DEPARTMENT SHALL CALCULATE THE
BASE AMOUNT OF REMUNERATION NECESSARY FROM WHICH TO PRODUCE SUFFICIENT
PREMIUM TO PROVIDE FOR THE ANNUAL INCREASES IN MAXIMUM WEEKLY BENEFIT
PROVIDED FOR IN THIS ARTICLE, AND OTHER FUNDING FOR THE UNEMPLOYMENT
INSURANCE TRUST FUND PURSUANT TO SECTION FIVE HUNDRED FIFTY OF THIS
ARTICLE, AS MAY BE NECESSARY. The term "employment" includes for the
purposes of this subdivision services constituting employment under any
unemployment compensation law of another state or the United States.
S 3. 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
A. 7157 3
payments in lieu of contributions under this article. 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 benefit 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] NEXT dollar. ON THE FIRST MONDAY OF JULY, TWO
THOUSAND FOURTEEN, THE WEEKLY BENEFIT SHALL NOT EXCEED FOUR HUNDRED
SEVENTY-FIVE DOLLARS NOR LESS THAN SEVENTY-FIVE DOLLARS, UNTIL THE FIRST
MONDAY OF JULY, TWO THOUSAND FIFTEEN AT WHICH TIME THE WEEKLY BENEFIT
SHALL NOT EXCEED FIVE HUNDRED TWENTY-FIVE DOLLARS, UNTIL THE FIRST
MONDAY OF JULY, TWO THOUSAND SIXTEEN AT WHICH TIME THE MAXIMUM WEEKLY
BENEFIT SHALL NOT EXCEED SIX HUNDRED DOLLARS UNTIL THE FIRST MONDAY OF
JULY, TWO THOUSAND SEVENTEEN, AT WHICH TIME THE MAXIMUM WEEKLY BENEFIT
SHALL NOT EXCEED SIX HUNDRED FIFTY DOLLARS UNTIL THE FIRST MONDAY OF
JULY, TWO THOUSAND EIGHTEEN AT WHICH TIME THE MAXIMUM BENEFIT PURSUANT
TO THIS SUBDIVISION SHALL EQUAL ONE-HALF OF THE STATE AVERAGE WEEKLY
WAGE AS CALCULATED BY THE DEPARTMENT NO SOONER THAN JULY FIRST, TWO
THOUSAND EIGHTEEN AND NOT LATER THAN AUGUST FIRST, TWO THOUSAND EIGHTEEN
AND ON JULY FIRST OF EACH SUCCEEDING YEAR THE MAXIMUM BENEFIT SHALL
EQUAL ONE-HALF OF THE STATE AVERAGE WEEKLY WAGE AS CALCULATED BY THE
DEPARTMENT ANNUALLY PURSUANT TO THE MANNER DESCRIBED IN THIS SUBDIVI-
SION. FOR PURPOSES OF THIS SUBDIVISION, THE TERM "STATE AVERAGE WEEKLY
WAGE" SHALL MEAN THE AVERAGE WEEKLY WAGE OF THE STATE FOR THE PREVIOUS
CALENDAR YEAR AS REPORTED BY THE COMMISSIONER TO THE SUPERINTENDENT OF
FINANCIAL SERVICES ON MARCH THIRTY-FIRST.
S 4. This act shall take effect immediately and shall apply to all
claims filed on and after the effective date of this act; provided,
however, that section one of this act shall take effect on the thirtieth
day after it shall have become a law, and section two of this act shall
take effect on the same date and in the same manner as section 1 of part
O of chapter 57 of the laws of 2013 takes effect.