assembly Bill A7278A

2013-2014 Legislative Session

Relates to the calculation of weekly unemployment insurance and the repeal of certain provisions relating thereto

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Archive: Last Bill Status - Passed Assembly


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 19, 2014 referred to rules
delivered to senate
passed assembly
Jun 16, 2014 ordered to third reading rules cal.259
rules report cal.259
reported
Jun 12, 2014 reported referred to rules
May 27, 2014 reported referred to ways and means
Feb 26, 2014 print number 7278a
amend (t) and recommit to labor
Jan 08, 2014 referred to labor
May 09, 2013 referred to labor

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A7278 - Bill Details

See Senate Version of this Bill:
S6572
Current Committee:
Law Section:
Labor Law
Laws Affected:
Rpld & add §523, §591 sub 3 ¶(a), amd Lab L, generally
Versions Introduced in Previous Legislative Sessions:
2011-2012: S4929
2009-2010: A11090

A7278 - Bill Texts

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Relates to the calculation of weekly unemployment insurance and the repeal of certain provisions relating thereto.

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

                                  7278

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               May 9, 2013
                               ___________

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

AN ACT to amend the labor law, in relation to the calculation of  weekly
  unemployment  insurance  benefits  for workers who are partially unem-
  ployed; 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. 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.  The term "employment" as used in this section means any
employment including that not defined in this title.
  S 2. Section 523 of the labor law is REPEALED and a new section 523 is
added to read as follows:
  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.
  S 3. The labor law is amended by adding a new section 514-a 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 CHAPTER
WHICH  IS  NOT  IN EXCESS OF FORTY PER CENTUM OF THE INDIVIDUAL'S WEEKLY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00708-02-3

A. 7278                             2

BENEFIT RATE, OR SEVENTY-ONE DOLLARS AND FIFTY CENTS, WHICHEVER  IS  THE
GREATER.  SUCH  PARTIAL BENEFIT CREDIT, IF NOT A MULTIPLE OF ONE DOLLAR,
SHALL BE COMPUTED TO THE NEXT HIGHER MULTIPLE OF ONE DOLLAR.
  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,  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
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

A. 7278                             3

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
period bears to the remuneration paid by all employers to  the  claimant
during  that  base  period.  Notice  of  such recalculation of potential

A. 7278                             4

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.  Subdivision  1  of  section 590 of the labor law, as amended by
chapter 645 of the laws of 1951, is 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  OR
SHE  has  complied  with  the  provisions  of this article regarding the
filing of his OR HER claim, including the filing  of  a  valid  original
claim,  registered  as  totally OR PARTIALLY unemployed, reported his OR
HER subsequent employment and unemployment, and  reported  for  work  or
otherwise given notice of the continuance of his OR HER unemployment.
  S  7.  Subdivision  3  of  section 590 of the labor law, as amended by
chapter 645 of the laws of 1951, is amended to read as follows:
  3. Compensable periods. Benefits shall be paid for each  [accumulation
of] effective [days within a] week.
  S  8.  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 9. 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:
  A  claimant's  weekly  benefit amount shall be one twenty-sixth of the
remuneration paid during the highest calendar quarter of the base period
by employers, liable for contributions or payments in lieu  of  contrib-
utions  under  this  article. However, for claimants whose high calendar
quarter remuneration during the  base  period  is  three  thousand  five
hundred  seventy-five  dollars  or less, the benefit amount shall be one
twenty-fifth of the remuneration paid during the highest calendar  quar-
ter 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.  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 dollar.
  S 9-a. Paragraph (a) of subdivision 5 of section 590 of the labor law,
as  amended by section 8 of part O of chapter 57 of the laws of 2013, is
amended to read as follows:
  (a) A claimant's weekly benefit amount shall be  one  twenty-sixth  of
the  remuneration  paid  during the highest calendar quarter of the base
period by employers, liable for contributions or  payments  in  lieu  of

A. 7278                             5

contributions under this article, provided the claimant has remuneration
paid  in  all  four  calendar  quarters during his or her base period or
alternate base period. However, for any claimant  who  has  remuneration
paid  in  all  four  calendar  quarters during his or her base period or
alternate base period  and  whose  high  calendar  quarter  remuneration
during  the  base  period  is  three  thousand 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 contrib-
utions under this article. A claimant's  weekly  benefit  shall  be  one
twenty-sixth  of  the average remuneration paid in the two highest quar-
ters paid during the base period or alternate base period  by  employers
liable for contributions or payments in lieu of contributions under this
article when the claimant has remuneration paid in two or three calendar
quarters  provided  however, that a claimant whose high calendar quarter
is four thousand dollars or less but greater than  three  thousand  five
hundred  seventy-five  dollars shall have a weekly benefit amount of one
twenty-sixth of such high calendar quarter. However,  for  any  claimant
who  has  remuneration paid in two or three calendar quarters during his
or her base period or alternate base  period  and  whose  high  calendar
quarter  remuneration  during  the  base  period  is three thousand five
hundred seventy-five dollars or less, the benefit amount  shall  be  one
twenty-fifth  of the remuneration paid during the highest calendar quar-
ter 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. 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 dollar. On and after the  first  Monday  of  October,  two
thousand fourteen, the weekly benefit shall not be less than one hundred
dollars, nor shall it exceed four hundred twenty dollars until the first
Monday  of October, two thousand fifteen when the maximum benefit amount
shall be four hundred twenty-five dollars, until  the  first  Monday  of
October,  two  thousand sixteen when the maximum benefit amount shall be
four hundred thirty dollars, until the  first  Monday  of  October,  two
thousand seventeen when the maximum benefit amount shall be four hundred
thirty-five  dollars,  until  the  first Monday of October, two thousand
eighteen when the maximum benefit amount shall  be  four  hundred  fifty
dollars,  until  the first Monday of October, two thousand nineteen when
the maximum benefit amount shall be thirty-six percent  of  the  average
weekly  wage until the first Monday of October, two thousand twenty when
the maximum benefit amount shall be thirty-eight percent of the  average

A. 7278                             6

weekly  wage,  until the first Monday of October two thousand twenty-one
when the maximum benefit amount shall be forty percent  of  the  average
weekly  wage, until the first Monday of October, two thousand twenty-two
when  the maximum benefit amount shall be forty-two percent of the aver-
age weekly wage, until the first Monday of October, two  thousand  twen-
ty-three  when the maximum benefit amount shall be forty-four percent of
the average weekly wage, until the first Monday of October, two thousand
twenty-four when the maximum benefit amount shall be  forty-six  percent
of the average weekly wage, until the first Monday of October, two thou-
sand  twenty-five  when  the maximum benefit amount shall be forty-eight
percent of the average weekly wage, until the first Monday  of  October,
two  thousand twenty-six and each year thereafter on the first Monday of
October when the maximum benefit amount shall be fifty  percent  of  the
average  weekly wage provided, however, that in no event shall the maxi-
mum benefit amount be reduced from the previous year.
  S 10. 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.
  S 11. 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  OR
SHE  has  accumulated  a  waiting  period of [four effective days either
wholly within 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 12. 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 OR HER usual employment or in any other for which he  OR  SHE  is
reasonably  fitted by training and experience. A claimant who is receiv-
ing benefits under this article shall not be denied such benefits pursu-
ant to this subdivision or to subdivision two of this section because of
such claimant's service on a grand or petit jury of any state or of  the
United States.
  S  13.  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 OR HER usual employment or in any other for which he  OR  SHE  is
reasonably  fitted by training and experience. A claimant who is receiv-
ing benefits under this article shall not be denied such benefits pursu-
ant to this subdivision or to subdivision two of this section because of
such claimant's service on a grand or petit jury of any state or of  the
United States.
  S  14.  Subparagraph  (i) of paragraph (b) of subdivision 2 of section
591-a of the labor law, as amended by section 14 of part O of chapter 57
of the laws of 2013, 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 and search for work, as set forth  in  subdivision

A. 7278                             7

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  15.  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 OR SHE is not entitled to  such
unemployment benefits.
  S  16. Paragraph (a) of subdivision 1 of section 593 of the labor law,
as amended by section 15 of part O of chapter 57 of the laws of 2013, 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 ten  times  his  or
her  weekly benefit rate. In addition to other circumstances that may be
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  or  her  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  17.  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
section 15 of part O of chapter 57 of the laws of 2013, 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 or she is reasonably fitted by training
and experience, including employment not subject to this article,  until
he  or she has subsequently worked in employment and earned remuneration
at least equal to ten times his or her weekly benefit rate. Except  that
claimants  who  are  not  subject  to a recall date or who do not obtain
employment through a union hiring hall  and  who  are  still  unemployed
after  receiving  ten  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. 7278                             8

  (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;
  (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 OR HER
residence, or travel to  and  from  the  place  of  employment  involves
expense  substantially  greater  than that required in his OR HER 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 18. Subdivision 3 of section 593 of the labor  law,  as  amended  by
section  15  of  part O of chapter 57 of the laws of 2013, is 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
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 ten times his or her weekly benefit rate.
  S 19. Subdivision 4 of section 593 of the labor  law,  as  amended  by
chapter 589 of the laws of 1998, is amended to read as follows:
  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 20. Section 594 of the labor law, as amended by section 16 of part O
of chapter 57 of the laws of 2013, is amended to read as follows:
  S 594. Reduction and recovery of benefits  and  penalties  for  wilful
false  statement. (1) 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 effective [days] WEEKS following
discovery of such offense for which he or she otherwise would have  been
entitled  to  receive  benefits. Such penalty shall apply only once with
respect to each such offense.
  (2) For the purpose of subdivision four of section five hundred ninety
of this [article] TITLE, the claimant shall be deemed to  have  received
benefits for such forfeited effective [days] WEEKS.

A. 7278                             9

  (3)  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 of the final determination.
Such two-year period shall be tolled during the time period  a  claimant
has an appeal pending.
  (4)  A claimant shall refund all moneys received because of such false
statement or representation and pay a civil penalty in an  amount  equal
to  the  greater  of one hundred dollars or fifteen percent of the total
overpaid benefits determined pursuant to  this  section.  The  penalties
collected  hereunder  shall  be  deposited  in  the  fund. The penalties
assessed under this subdivision shall apply  and  be  assessed  for  any
benefits  paid  under  federal  unemployment  and  extended unemployment
programs administered by the department in the same manner  as  provided
in  this  article. The penalties in this section shall be in addition to
any penalties imposed under this chapter or any state or federal  crimi-
nal  statute. No penalties or interest assessed pursuant to this section
may be deducted or withheld from benefits.
  (5) (a) Upon a determination based upon a willful false  statement  or
representation  becoming  final  through  exhaustion of appeal rights or
failure to exhaust hearing rights,  the  commissioner  may  recover  the
amount  found  to be due by commencing a civil action, or by filing with
the county clerk of the county where  the  claimant  resides  the  final
determination  of  the commissioner or the final decision by an adminis-
trative law judge, the appeal board, or a court  containing  the  amount
found  to  be due including interest and civil penalty. The commissioner
may only make such a filing with the county clerk when:
  (i) The claimant has responded to requests for information prior to  a
determination and such requests for information notified the claimant of
his  or  her  rights  to  a fair hearing as well as the potential conse-
quences of an investigation and final determination under  this  section
including  the notice required by subparagraph (iii) of paragraph (b) of
this subdivision. Additionally if the claimant requested a fair  hearing
or  appeal  subsequent to a determination, that the claimant was present
either in person or through electronic means at such hearing, or  subse-
quent appeal from which a final determination was rendered;
  (ii) The commissioner has made efforts to collect on such final deter-
mination; and
  (iii) The commissioner has sent a notice, in accordance with paragraph
(b) of this subdivision, of intent to docket such final determination by
first  class or certified mail, return receipt requested, ten days prior
to the docketing of such determination.
  (b) The notice required in subparagraph (iii) of paragraph (a) of this
subdivision shall include the following:
  (i) That the commissioner intends  to  docket  a  final  determination
against such claimant as a judgment;
  (ii) The total amount to be docketed; and
  (iii)  Conspicuous  language  that  reads as follows: "Once entered, a
judgment is good and can be used against you for twenty years, and  your
money,  including a portion of your paycheck and/or bank account, may be
taken. Also, a judgment will hurt your credit score and can affect  your
ability to rent a home, find a job, or take out a loan."
  S  21.  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 OR SHE was last employed or  in  which  he  OR  SHE

A. 7278                            10

resides  within  such  time and in such manner as the commissioner shall
prescribe. He OR SHE shall disclose whether he OR SHE 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 enforcement agency, as hereafter defined,  that  the
claimant is eligible.
  A  claimant  shall correctly report any [days] WEEKS of employment and
any compensation he OR  SHE  received  for  such  employment,  including
employments  not subject to this article, and the [days on] WEEKS DURING
which he OR SHE was totally unemployed OR PARTIALLY UNEMPLOYED and shall
make such reports in accordance with such regulations as the commission-
er shall prescribe.
  S 22. 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:
  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 OR SHE was last employed or in which
he OR SHE resides in accordance with such regulations as the commission-
er 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  OR  HER unemployment as often and in such
manner as the commissioner shall prescribe.
  S 23. 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 24.  Intentionally omitted.
  S 25.  The opening paragraph and paragraph (e)  of  subdivision  2  of
section  601  of  the labor law, as amended by chapter 35 of the laws of
2009, is amended to read as follows:
  Eligibility conditions. Extended benefits shall be payable to a claim-
ant for effective [days] WEEKS occurring [in any week] within an  eligi-
bility period, provided the claimant
  (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] TWO effective [days]  WEEKS  for
which extended benefits shall otherwise be payable pursuant to an inter-
state claim filed under the interstate benefit payment plan; and
  S  26.    Subdivision 3 of section 601 of the labor law, as amended by
chapter 35 of the laws of 2009, is amended to read as follows:
  3. Extended benefit amounts;  rate  and  duration.  Extended  benefits
shall be paid to a claimant

A. 7278                            11

  (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.
  S  27.  Subdivision  4  of section 601 of the labor law, as amended by
chapter 35 of the laws of 2009, is amended to read as follows:
  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 28. Paragraph (b) 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
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.
  S  29. Paragraph (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:

A. 7278                            12

  (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] TITLE, until
he or she has subsequently worked in employment in accordance  with  the
requirements  set  forth  in  section  five hundred ninety-three of this
[article] TITLE.
  S 30. Section 603 of the labor law, as amended by section 21 of part O
of chapter 57 of the laws of 2013, 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, other than  with  an  employer  applying  for  a
shared  work  program.  "Work  force" shall mean the total work force, a
clearly identifiable unit or units thereof, or  a  particular  shift  or
shifts.  The  work  force  subject to reduction shall consist of no less
than two employees.
  S 31. This act shall take effect immediately; provided, however,  that
the  amendments  to paragraph (a) of subdivision 5 of section 590 of the
labor law, as amended by section nine-a of this act shall take effect at
the same time and in the same manner as section 8 of part O  of  chapter
57 of the laws of 2013, takes effect; provided, further, that the amend-
ments  to  subdivision 1 of section 591 of the labor law made by section
twelve of this act shall be subject to the expiration and  reversion  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 thirteen
of this act shall take effect;  provided,  further,  however,  that  the
amendment  to section 591-a of the labor law made by section fourteen of
this act shall not affect the repeal of such section and shall be deemed
repealed therewith.

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A7278A (ACTIVE) - Bill Details

See Senate Version of this Bill:
S6572
Current Committee:
Law Section:
Labor Law
Laws Affected:
Rpld & add §523, §591 sub 3 ¶(a), amd Lab L, generally
Versions Introduced in Previous Legislative Sessions:
2011-2012: S4929
2009-2010: A11090

A7278A (ACTIVE) - Bill Texts

view summary

Relates to the calculation of weekly unemployment insurance and the repeal of certain provisions relating thereto.

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

                                 7278--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               May 9, 2013
                               ___________

Introduced  by  M. of A. MOYA -- read once and referred to the Committee
  on Labor -- recommitted to the Committee on Labor in  accordance  with
  Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN  ACT to amend the labor law, in relation to the calculation of weekly
  employment insurance benefits for  workers  who  are  partially  unem-
  ployed; and repealing certain provisions of such law relating thereto

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

  Section 1. 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 EMPLOYMENT" 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. The term "employment" as used in this section means  any
employment including that not defined in this title.
  S 2. Section 523 of the labor law is REPEALED and a new section 523 is
added to read as follows:
  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.
  S  3.  The labor law is amended by adding a new section 525 to read as
follows:
  S 525. 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  LAW

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00708-03-4

A. 7278--A                          2

WHICH  IS  NOT  IN EXCESS OF FIFTY PER CENTUM OF THE INDIVIDUAL'S WEEKLY
BENEFIT RATE, OR ONE HUNDRED DOLLARS, WHICHEVER  IS  THE  GREATER.  SUCH
PARTIAL  BENEFIT  CREDIT,  IF  NOT  A  MULTIPLE  OF ONE DOLLAR, SHALL BE
COMPUTED TO THE NEXT HIGHER MULTIPLE OF ONE DOLLAR.
  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
educational service agency shall not be  considered  base  period  wages
during  periods  that  such wages may not be used to gain entitlement to

A. 7278--A                          3

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
period  bears  to the remuneration paid by all employers to the claimant
during that base period.  Notice  of  such  recalculation  of  potential

A. 7278--A                          4

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.  Subdivision  1  of  section 590 of the labor law, as amended by
chapter 645 of the laws of 1951, is 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.
  S 7. Subdivision 3 of section 590 of the  labor  law,  as  amended  by
chapter 645 of the laws of 1951, is amended to read as follows:
  3.  Compensable periods. Benefits shall be paid for each [accumulation
of] effective [days within a] week.
  S 8. 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]  IN  AN  AMOUNT GREATER THAN TWENTY-SIX TIMES THE
CLAIMANT'S WEEKLY BENEFIT RATE 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 9. Subdivision 5 of section 590 of  the  labor  law  is  amended  by
adding two new paragraphs (c) and (d) to read as follows:
  (C)  BENEFIT FOR PARTIAL UNEMPLOYMENT. EXCEPT AS PROVIDED IN PARAGRAPH
(D) OF THIS SUBDIVISION, ANY CLAIMANT WHO IS PARTIALLY  UNEMPLOYED  WITH
RESPECT TO ANY EFFECTIVE WEEK SHALL BE PAID, WITH RESPECT TO SUCH EFFEC-
TIVE  WEEK, A BENEFIT EQUAL TO HIS WEEKLY BENEFIT RATE LESS THE TOTAL OF
THE REMUNERATION, IF ANY, PAID OR PAYABLE TO HIM WITH  RESPECT  TO  SUCH
WEEK  FOR  SERVICES  PERFORMED WHICH IS IN EXCESS OF HIS PARTIAL BENEFIT
CREDIT.
  (D) BENEFIT FOR PARTIAL UNEMPLOYMENT FOR CERTAIN CLAIMANTS WORKING ONE
DAY IN A WEEK. ANY CLAIMANT WHO IS PARTIALLY UNEMPLOYED WITH RESPECT  TO
ANY  EFFECTIVE  WEEK  BUT  WHOSE EMPLOYMENT IS LIMITED TO ONE DAY DURING
THAT EFFECTIVE WEEK AND WHOSE REMUNERATION PAID OR PAYABLE TO  HIM  WITH
RESPECT  TO  SUCH  WEEK  FOR  SERVICES PERFORMED IS LESS THAN HIS WEEKLY
BENEFIT RATE SHALL BE PAID, WITH RESPECT TO SUCH EFFECTIVE WEEK, A BENE-
FIT EQUAL TO THREE-QUARTERS OF HIS WEEKLY BENEFIT RATE,  OR  IF  HIGHER,
THE BENEFIT CALCULATED PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION.
  S 10. 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.
  S  11.  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 12. 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:

A. 7278--A                          5

  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 13. 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  14.  Paragraph (a) of subdivision 3 of section 591 of the labor law
is REPEALED and a new paragraph (a) is added to read as follows:
  (A) COMPENSATION PAID TO A CLAIMANT FOR ANY DAY DURING A PAID VACATION
PERIOD, OR FOR A PAID HOLIDAY, SHALL  BE  CONSIDERED  COMPENSATION  FROM
EMPLOYMENT.
  S  15.  Subparagraph  (i) of paragraph (b) of subdivision 2 of section
591-a of the labor law, as amended by section 14 of part O of chapter 57
of the laws of 2013, 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 and search 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  16.  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  17. Paragraph (a) of subdivision 1 of section 593 of the labor law,
as amended by section 15 of part O of chapter 57 of the laws of 2013, 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 ten  times  his  or
her  weekly benefit rate. In addition to other circumstances that may be
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

A. 7278--A                          6

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  or  her  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  18.  The  opening  paragraph of subdivision 2 of section 593 of the
labor law, as amended by section 15 of part O of chapter 57 of the  laws
of 2013, is amended to read as follows:
  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  or  she  is  reasonably fitted by training and experience, including
employment not subject to this article, until he or she has subsequently
worked in employment and earned remuneration at least equal to ten times
his or her weekly benefit  rate.  Except  that  claimants  who  are  not
subject to a recall date or who do not obtain employment through a union
hiring  hall  and  who are still unemployed after receiving ten 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 without good cause nor  shall  it  disqualify
any claimant otherwise eligible to receive benefits if:
  S  19.  Subdivision  3  of section 593 of the labor law, as amended by
section 15 of part O of chapter 57 of the laws of 2013,  is  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
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 ten times his or her weekly benefit rate.
  S  20.  Subdivision  4  of section 593 of the labor law, as amended by
chapter 589 of the laws of 1998, is amended to read as follows:
  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 21. Subdivisions 1 and 2 of section 594 of the labor law, as amended
by  section  16 of part O of chapter 57 of the laws of 2013, are amended
to read as follows:
  (1) A claimant who has wilfully made a false  statement  or  represen-
tation  to obtain any benefit under the provisions of this article shall

A. 7278--A                          7

forfeit benefits for at least the first [four] ONE but not more than the
first [eighty] TWENTY effective [days] WEEKS following discovery of such
offense for which he or  she  otherwise  would  have  been  entitled  to
receive  benefits.  Such  penalty  shall apply only once with respect to
each such offense.
  (2) 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.
  S  22.  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 23. Subdivision 4 of section 596 of the labor law, as added by chap-
ter 705 of the laws of 1944, as renumbered by section 148-a of part B of
chapter 436 of the laws of 1997 and such section as renumbered by  chap-
ter 663 of the laws of 1946, is amended to read as follows:
  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 24. 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 25. The opening paragraph and paragraph  (e)  of  subdivision  2  of
section  601  of  the labor law, as amended by chapter 35 of the laws of
2009, are amended to read as follows:
  Extended benefits shall be payable to a claimant for effective  [days]
WEEKS occurring [in any week] within an eligibility period, provided the
claimant

A. 7278--A                          8

  (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] TWO effective [days]  WEEKS  for
which extended benefits shall otherwise be payable pursuant to an inter-
state claim filed under the interstate benefit payment plan; and
  S  26.  Paragraphs  (b) and (c) of subdivision 3 of section 601 of the
labor law, as amended by chapter 35 of the laws of 2009, are amended  to
read as follows:
  (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
  S  27.  Subdivision  4  of section 601 of the labor law, as amended by
chapter 35 of the laws of 2009, is amended to read as follows:
  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 28. Paragraph (b) 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
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.

A. 7278--A                          9

  S  29. Paragraph (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:
  (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 30. Section 603 of the labor law, as amended by section 21 of part O
of chapter 57 of the laws of 2013, 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, other than  with  an  employer  applying  for  a
shared  work  program.  "Work  force" shall mean the total work force, a
clearly identifiable unit or units thereof, or  a  particular  shift  or
shifts.  The  work  force  subject to reduction shall consist of no less
than two employees.
  S 31. This act shall take effect immediately, provided,  that  section
nine  of  this  act  shall  take effect on the same date and in the same
manner as section 8 of part O of chapter 57 of the laws of  2013,  takes
effect;  and  provided  further  that the amendments to subdivision 1 of
section 591 of the labor law made by section twelve of this act shall be
subject to the expiration and reversion of such subdivision,  when  upon
such  date  the  provisions  of  section thirteen of this act shall take
effect; provided further that the amendments to  section  591-a  of  the
labor law made by section fifteen of this act shall not affect the expi-
ration of such section and shall be deemed repealed therewith.

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