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Senate Bill S5020

2013-2014 Legislative Session

Requires the calculation of unemployment benefits to be determined based on the period of employment rather than the period during which salary was paid

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Archive: Last Bill Status - In Senate Committee Labor Committee

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2013-S5020 (ACTIVE) - Details

Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Amd ยง597, Lab L

2013-S5020 (ACTIVE) - Summary

Requires the calculation of unemployment benefits to be determined based on the period of employment rather than the period during which salary was paid.

2013-S5020 (ACTIVE) - Sponsor Memo

2013-S5020 (ACTIVE) - Bill Text download pdf 

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

                                  5020

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 6, 2013
                               ___________

Introduced  by  Sen. HOYLMAN -- 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 requiring the  calculation
  of  unemployment  benefits  to  be  determined  based on the period of
  employment rather than the period during which salary was paid

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

  Section  1. Paragraph (b) of subdivision 2 of section 597 of the labor
law, as amended by chapter 413 of the laws of 2003, is amended  to  read
as follows:
  (b)  Whenever  a  claimant's base period includes a completed calendar
quarter for which a wage data report is not due or has not been received
and the claimant provides information as required by  the  commissioner,
the commissioner shall determine such claimant's entitlement and benefit
rate  using  the  information  the  claimant  provided for such quarter;
PROVIDED, THAT ANY DETERMINATION OF ENTITLEMENT AND BENEFIT RATE  DETER-
MINED  BY  THE  COMMISSIONER  PURSUANT TO THE PROVISIONS OF THIS SECTION
SHALL BE BASED UPON THE ENTIRE PERIOD THE CLAIMANT HAS  WORKED  FOR  THE
EMPLOYER  AND  NOT ONLY ON THE PERIOD FOR WHICH THE CLAIMANT WAS PAID BY
THE EMPLOYER.  However, in those instances where the claimant is  unable
to  provide  such  information  to  the commissioner's satisfaction, the
commissioner may request the employer to provide the amount of remunera-
tion paid to such individual. The commissioner shall  notify  each  base
period  employer  upon  the  establishment of a valid original claim, of
such claim. If an employer provides  new  or  corrected  information  in
response  to  the initial notice of monetary entitlement, adjustments to
the claimant's benefit rate and adjustments to the employer's experience
rating account shall be prospective as of the date such information  was
received by the department.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10742-01-3

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