Senate Bill S1953

2013-2014 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2013-S1953 (ACTIVE) - Details

See Assembly Version of this Bill:
A2633
Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Amd §§581 & 593, add §§594-a & 593-a, Lab L
Versions Introduced in Other Legislative Sessions:
2011-2012: S6850, A9725
2015-2016: A4015

2013-S1953 (ACTIVE) - Summary

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

2013-S1953 (ACTIVE) - Sponsor Memo

2013-S1953 (ACTIVE) - Bill Text download pdf

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

                                  1953

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  RITCHIE,  BONACIC, DeFRANCISCO, GALLIVAN, GOLDEN,
  GRIFFO, GRISANTI, LARKIN, LIBOUS, MARTINS, O'MARA, RANZENHOFER,  VALE-
  SKY,  YOUNG  -- 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 elimination of employ-
  er unemployment contributions for employees fired for misconduct

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

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

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

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