S T A T E O F N E W Y O R K
2013-2014 Regular Sessions
I N S E N A T E
January 9, 2013
Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Labor
AN ACT to amend the labor law, in relation to the duration of rights of
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. 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 any benefit year, except as provided in section
six hundred one and subdivision two of section five hundred ninety-nine
of this chapter.] BE LIMITED TO:
(A) SIXTY-FOUR EFFECTIVE DAYS IN A BENEFIT YEAR IF THE AVERAGE UNEM-
PLOYMENT RATE OF THE CLAIMANT'S COUNTY OF RESIDENCE IS AT OR BELOW FIVE
AND FIVE-TENTHS OF A PER CENT AT THE TIME OF THE FILING OF A VALID
(B) AN ADDITIONAL FOUR EFFECTIVE DAYS IN ADDITION TO THE SIXTY-FOUR
EFFECTIVE DAYS IN A BENEFIT YEAR FOR EACH THREE-TENTHS OF A PER CENT
INCREMENT IN THE AVERAGE UNEMPLOYMENT RATE OF THE CLAIMANT'S COUNTY OF
RESIDENCE ABOVE FIVE AND FIVE-TENTHS OF A PER CENT AT THE TIME OF THE
FILING OF A VALID ORIGINAL CLAIM.
(C) UP TO A MAXIMUM OF ONE HUNDRED FOUR DAYS IN ANY BENEFIT YEAR,
EXCEPT AS PROVIDED IN SECTION SIX HUNDRED ONE OF THIS TITLE AND SUBDIVI-
SION TWO OF SECTION FIVE HUNDRED NINETY-NINE OF THIS TITLE.
(D) FOR THE PURPOSES OF THIS SUBDIVISION THE TERM "AVERAGE UNEMPLOY-
MENT RATE OF THE CLAIMANT'S COUNTY OF RESIDENCE" MEANS:
(I) FOR CLAIMANTS RESIDING OUTSIDE THE CITY OF NEW YORK, THE AVERAGE
UNEMPLOYMENT RATE OF THE COUNTY IN WHICH THE CLAIMANT CLAIMS PRIMARY
RESIDENCE FOR THE MOST RECENT THREE MONTHS PRECEDING THE FILING OF A
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S. 107 2
VALID ORIGINAL CLAIM AS CALCULATED BY THE DEPARTMENT, DIVISION OF
RESEARCH AND STATISTICS.
(II) FOR CLAIMANTS RESIDING IN THE CITY OF NEW YORK, THE GREATER OF
SUBPARAGRAPH (I) OF THIS PARAGRAPH AND THE AVERAGE UNEMPLOYMENT RATE OF
THE CITY OF NEW YORK FOR THE MOST RECENT THREE MONTHS PRECEDING THE
FILING OF A VALID ORIGINAL CLAIM AS CALCULATED BY THE DEPARTMENT, DIVI-
SION OF RESEARCH AND STATISTICS.
S 2. This act shall take effect immediately.