senate Bill S36A

2013-2014 Legislative Session

Relates to increasing the maximum benefit rate for unemployment insurance

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 23, 2014 print number 36a
amend and recommit to labor
Jan 08, 2014 referred to labor
Jan 09, 2013 referred to labor

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S36 - Bill Details

Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Amd §§518 & 590, Lab L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S673A
2009-2010: S2245B

S36 - Bill Texts

view summary

Relates to increasing the maximum benefit rate for unemployment insurance.

view sponsor memo
BILL NUMBER:S36

TITLE OF BILL:
An act
to amend the labor law, in relation to the unemployment insurance law,
increasing the maximum benefit rate for unemployment insurance

PURPOSE:
The bill intends to increase the maximum weekly unemployment benefit
rate and restore fiscal health to the state's Unemployment Insurance
Trust Fund.

SUMMARY OF PROVISIONS:
Section one of the bill amends section 518 of the labor law to
gradually increase the taxable wage base for employer contributions
to the Unemployment Insurance Trust fund until 2014, after which the
Department of Labor would calculate the wage base needed to fund
annual increases for the maximum weekly benefit.

Section two of the bill amends section 590 of the Labor Law to
increase in the maximum weekly unemployment benefit rate to $475 as
of July 2013, to $525 as of July 2014, to $600 as of July 2015, to
$650 as of July 2016, after which the maximum weekly benefit would
equal one-half of the state average weekly wage as annually
calculated by the State Department of Labor.

Section three establishes the effective date.

JUSTIFICATION:
New York State's unemployment rate reached 8.8% in January 2010 with
more than 851,970 New Yorkers out of work. In the New York City
metropolitan area, the rate is over 10%, and disproportionately
higher for Hispanics at 23% and 38.7% for African-Americans. The
State's long-term unemployment rate, which tracks those who are
unemployed for 27 weeks or more, was 34% in 2009 exceeding the
national average of 31.5%.

The State's unemployment benefit rate and taxable wage base have not
been raised since 1998.
Due to the large number of persons filing for unemployment benefits,
the Unemployment Insurance Trust Fund has become insolvent. The State
has had to borrow from the federal government to pay benefits and
will owe more than $3.5 billion by the end of the year. This deficit
is expected to rise by an additional $1 billion during each of the
next few years if nothing is done to address the problem.

The limited amount of stimulus funds provided under the American
Recovery and Reinvestment Act of 2009 (ARRA) does not resolve this
long-term crisis to the Trust Fund. Both employers and the State will
face significant new costs if the Trust Fund is not restored to fiscal
health. The continued insolvency of the Fund will result in higher
federal unemployment taxes for employers. When the Fund is solvent,
employers may receive a federal credit reduction against the 6.2%
federal tax they pay under the Federal Unemployment Trust Act (FUTA),
which reduces their tax liability to .8%. When the Fund lacks
sufficient contributions to repay


borrowed money by the federal deadlines, the FUTA credit is reduced,
which increases the net federal tax rate for employers. Without this
legislation, the increased tax cost to New York employers is
projected to reach $6.4 billion during the period of 2009-2018.

The failure to increase the taxable wage base will also cost the State
millions of dollars in interest on its federal loan. Under the bill,
however, the State's interest on the loan would continually decline
until 2016, when the Trust Fund's solvency would be restored. New
York's taxable wage base of $8500 is significantly lower than most
other states, including New Jersey ($29,700), Connecticut ($15,000)
and Massachusetts ($14,000).

The legislation would also increase the maximum weekly benefit rate of
$405 which was enacted more than a decade ago. Since then, the
spending power of $405 has declined by more than 20% to approximately
$322. The current benefit rate is based on one-half of the state's
average weekly wage in 1998. If this rate were adjusted to the
current average weekly wage, the benefit would be closer to $575. The
legislation proposes a more modest increase in the initial years
following enactment in an effort to strike a balance between the need
to increase benefits and raise employer contributions. New York's
current benefit level places many unemployed workers and their
families below the poverty threshold. The state's weekly benefit rate
is much lower than that of nearby states including New Jersey ($600),
Connecticut ($537), and Massachusetts ($628). In Oregon, which
indexes unemployment benefits to keep pace with inflation, the
benefit was increased to $493 two years ago.

The need to raise unemployment benefits and the taxable wage base
grows more urgent each year. Because benefits have not been
increased, workers who have recently received extended unemployment
benefits from the federal government have been deprived of
additional income they and their families need at this difficult
time. The failure to act also hurts local economies.
Studies show that every dollar provided to workers returns
approximately $1.64 through local purchases for rent, food and other
basics, which in turn helps local businesses and generates tax
revenues.

The unemployment system was established to help New Yorkers support
themselves after they lose their jobs through no fault of their own
until they can find new work. This legislation will protect New
York's unemployment system by ensuring the fiscal health of the Trust
Fund, and in so doing, help avoid new costs for employers and the
State if solvency of the Fund is not restored.

LEGISLATIVE HISTORY:
2011-12: S.673-A
2010: S.2245-B Advanced to 3rd Reading
2009: S.2245 - Advanced to 3rd Reading A.4921 Advanced to Ways & Means
2008: S.8742 - Referred to Rules A.11642 Advanced to Ways & Means

EFFECTIVE DATE:
This bill will take effect immediately, provided that section one will
take effect 30 days after it becomes law.


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

                                   36

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. PERALTA -- 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 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
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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00719-01-3

S. 36                               2

  S  2.  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
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  3.  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.

Co-Sponsors

S36A (ACTIVE) - Bill Details

Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Amd §§518 & 590, Lab L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S673A
2009-2010: S2245B

S36A (ACTIVE) - Bill Texts

view summary

Relates to increasing the maximum benefit rate for unemployment insurance.

view sponsor memo
BILL NUMBER:S36A

TITLE OF BILL: An act to amend the labor law, in relation to the
unemployment insurance law, increasing the maximum benefit rate for
unemployment insurance

PURPOSE:

The bill intends to increase the maximum weekly unemployment benefit
rate and restore fiscal health to the state's Unemployment Insurance
Trust Fund.

SUMMARY OF PROVISIONS:

Section one of the bill amends section 518 of the labor law to
gradually increase the taxable wage base for employer contributions to
the Unemployment Insurance Trust fund until 2014, after which the
Department of Labor would calculate the wage base needed to fund
annual increases for the maximum weekly benefit.

Section two of the bill amends section 590 of the Labor Law to
increase in the maximum weekly unemployment benefit rate to $525 as of
July 2014, to $600 as of July 2015, to $650 as of July 2016, after
which the maximum weekly benefit would equal one-half of the state
average weekly wage as annually calculated by the State Department of
Labor.

Section three establishes the effective date.

JUSTIFICATION:

New York State's unemployment rate reached 8.8% in January 2010 with
more than 851,970 New Yorkers out of work. In the New York City
metropolitan area, the rate is over 10%, and disproportionately higher
for Hispanics at 23% and 38.7% for African-Americans. The State's
long-term unemployment rate, which tracks those who are unemployed for
27 weeks or more, was 34% in 2009 exceeding the national average of
31.5%.

The State's unemployment benefit rate and taxable wage base have not
been raised since 1998. Due to the large number of persons filing for
unemployment benefits, the Unemployment Insurance Trust Fund has
become insolvent. The State has had to borrow from the federal
government to pay benefits and will owe more than $3.5 billion by the
end of the year. This deficit is expected to rise by an additional $1
billion during each of the next few years if nothing is done to
address the problem.

The limited amount of stimulus funds provided under the American
Recovery and Reinvestment Act of 2009 (ARRA) does not resolve this
long-term crisis to the Trust Fund. Both employers and the State will
face significant new costs if the Trust Fund is not restored to fiscal
health. The continued insolvency of the Fund will result in higher
federal unemployment taxes for employers. When the Fund is solvent,
employers may receive a federal credit reduction against the 6.2%
federal tax they pay under the Federal Unemployment Trust Act (FUTA),
which reduces their tax liability to .8%. When the Fund lacks


sufficient contributions to repay borrowed money by the federal
deadlines, the FUTA credit is reduced, which increases the net federal
tax rate for employers. without this legislation, the increased tax
cost to New York employers is projected to reach $6.4 billion during
the period of 2009-2018.

The failure to increase the taxable wage base will also cost the State
millions of dollars in interest on its federal loan. Under the bill,
however, the State's interest on the loan would continually decline
until 2016, when the Trust Fund's solvency would be restored. New
York's taxable wage base of $8500 is significantly lower than most
other states, including New Jersey ($29,700), Connecticut ($15,000)
and Massachusetts ($14,000).

The legislation would also increase the maximum weekly benefit rate of
$405 which was enacted more than a decade ago. Since then, the
spending power of $405 has declined by more than 20% to approximately
$322. The current benefit rate is based on one-half of the state's
average weekly wage in 1998. If this rate were adjusted to the current
average weekly wage, the benefit would be closer to $575. The
legislation proposes a more modest increase in the initial years
following enactment in an effort to strike a balance between the need
to increase benefits and raise employer contributions. New York's
current benefit level places many unemployed workers and their
families below the poverty threshold. The state's weekly benefit rate
is much lower than that of nearby states including New Jersey ($600).
Connecticut ($537), and Massachusetts ($628). In Oregon, which indexes
unemployment benefits to keep pace with inflation, the benefit was
increased to $493 two years ago.

The need to raise unemployment benefits and the taxable wage base
grows more urgent each year. Because benefits have not been increased,
workers who have recently received extended unemployment benefits from
the federal government have been deprived of additional income they
and their families need at this difficult time. The failure to act
also hurts local economies. Studies show that every dollar provided to
workers returns approximately $1.64 through local purchases for rent,
food and other basics, which in turn helps local businesses and
generates tax revenues.

The unemployment system was established to help New Yorkers support
themselves after they lose their jobs through no fault of their own
until they can find new work. This legislation will protect New York's
unemployment system by ensuring the fiscal health of the Trust Fund,
and in so doing, help avoid new costs for employers and the State if
solvency of the Fund is not restored.

LEGISLATIVE HISTORY:

2011-12: S.673-A

2010: S.2245-B Advanced to 3rd Reading
2009: S.2245 - Advanced to 3rd Reading
A.4921 Advanced to Ways & Means
2008: S.8742 - Referred to Rules
A.11642 Advanced to Ways & Means


EFFECTIVE DATE:

This bill will take effect immediately, provided that section one will
take effect 30 days after it becomes law.

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

                                  36--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sens. PERALTA, ADDABBO, AVELLA, SQUADRON -- read twice and
  ordered  printed, and when printed to be committed to the Committee on
  Labor -- recommitted to the Committee  on  Labor  in  accordance  with
  Senate  Rule  6, sec. 8 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

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 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
thousand  five  hundred  dollars have been paid to such employee by such
employer with respect to employment during  any  calendar  year,  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] $13,500
             [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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00719-03-4

S. 36--A                            2

             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]
  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  2.  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
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 whose high
calendar quarter remuneration during the base period is more than  three
thousand five hundred seventy-five dollars shall not have a weekly bene-
fit 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

S. 36--A                            3

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 and after the first Monday of  [October]  JULY,
two  thousand  fourteen,  the  weekly benefit shall not be less than one
hundred dollars, nor shall it exceed four hundred [twenty]  SEVENTY-FIVE
dollars  until  the first Monday of [October] JULY, two thousand fifteen
when the maximum benefit amount shall be [four] FIVE hundred twenty-five
dollars, until the first Monday of [October] JULY, two thousand  sixteen
when  the  maximum  benefit  amount shall be [four] SIX hundred [thirty]
dollars, until the first Monday of [October] JULY, two  thousand  seven-
teen  when the maximum benefit amount shall be [four] SIX hundred [thir-
ty-five] FIFTY dollars, until the first Monday of  [October]  JULY,  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 aver-
age weekly wage until the first Monday of October, two  thousand  twenty
when  the  maximum  benefit  amount shall be thirty-eight percent of the
average 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 average weekly wage, until the first Monday of October, two thousand
twenty-three when the maximum benefit amount shall be forty-four percent
of the average weekly wage, until the first Monday of October, two thou-
sand twenty-four when the maximum  benefit  amount  shall  be  forty-six
percent  of  the average weekly wage, until the first Monday of October,
two thousand 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  maximum  benefit  amount  be reduced from the previous year]
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 SUBDIVISION. FOR PURPOSES OF THIS SUBDIVI-
SION, 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 THIR-
TY-FIRST.
  S 3. 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.

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