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Senate Bill S5995

2013-2014 Legislative Session

Relates to claims for unemployment benefits

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Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee

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2013-S5995 (ACTIVE) - Details

Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Amd ยงยง632 & 597, Lab L
Versions Introduced in 2015-2016 Legislative Session:
S1321

2013-S5995 (ACTIVE) - Summary

Relates to the right of employees to a review of claims for unemployment benefits which are denied based upon wilful misrepresentation or false documentation made by the employer.

2013-S5995 (ACTIVE) - Sponsor Memo

2013-S5995 (ACTIVE) - Bill Text download pdf 

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

                                  5995

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            November 27, 2013
                               ___________

Introduced  by  Sen.  MONTGOMERY  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Rules

AN ACT to amend the labor law, in relation to  claims  for  unemployment
  benefits

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

  Section 1. Section 632 of the labor law is amended  by  adding  a  new
subdivision 3 to read as follows:
  3.  EMPLOYER  DOCUMENTATION.  ANY  EMPLOYER WHO WILFULLY MAKES A FALSE
STATEMENT OR REPRESENTATION OR WHO FILES FALSE OR INACCURATE  DOCUMENTA-
TION  WITH  RESPECT TO A CLAIM MADE BY ANY PERSON SEEKING BENEFITS UNDER
THIS ARTICLE SHALL BE GUILTY OF A MISDEMEANOR.
  S 2. Subdivision 3 of section 597 of the  labor  law,  as  amended  by
chapter 42 of the laws of 1961, is amended to read as follows:
  3. Limitation on review of determinations. Any determination regarding
a  benefit  claim  may,  in  the absence of fraud or wilful misrepresen-
tation, be reviewed only within [one year] EIGHTEEN MONTHS from the date
it is issued because of new or corrected information, or, if the  review
is based thereon, within six months from a retroactive payment of remun-
eration,  provided  that  no decision on the merits of the case has been
made upon hearing or appeal.  WHERE A CLAIM FOR BENEFITS HAS BEEN DENIED
A CLAIMANT MAY REQUEST A REVIEW BASED UPON WILFUL  MISREPRESENTATION  OR
FALSE  STATEMENTS  OF  THE  EMPLOYER  WITHIN THREE YEARS OF THE ORIGINAL
DETERMINATION. Such review shall be conducted and  a  new  determination
issued in accordance with the provisions of this article and regulations
and procedure prescribed thereunder with respect to the adjudication and
payment of claims, including the right of appeal.
  S 3. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11964-01-3

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