senate Bill S6629

2013-2014 Legislative Session

Provides that spouses who voluntarily separate from employment to accompany a spouse who is the subject of a military transfer shall be eligible for unemployment benefits

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Archive: Last Bill Status - Passed Senate


  • 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
Jun 11, 2014 referred to labor
delivered to assembly
passed senate
Jun 10, 2014 ordered to third reading cal.1260
committee discharged and committed to rules
Feb 19, 2014 referred to labor

Votes

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S6629 - Bill Details

See Assembly Version of this Bill:
A8571
Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Amd ยง593, Lab L

S6629 - Bill Texts

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Provides that spouses who voluntarily separate from employment to accompany a spouse who is the subject of a military transfer shall be eligible for unemployment benefits.

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BILL NUMBER:S6629 REVISED 6/10/14

TITLE OF BILL: An act to amend the labor law, in relation to the
eligibility for unemployment benefits for individuals who voluntarily
separate from employment to accompany a spouse who is the subject of a
military transfer

PURPOSES: The purpose of this bill is to permit an individual who
quits work to accompany the individual's spouse on a military transfer
to be eligible for unemployment compensation benefits.

SUMMARY OF PROVISIONS: An individual's spouse being a member of the
United States armed services, the subject of a military transfer, and
the individual having left employment to accompany the spouse are
added to the list of non-disqualifying reasons for separation from
employment. Individuals who fall under these circumstances are
therefore eligible for unemployment compensation benefits.

If the individual was previously employed by a contributory employer,
the benefits are not charged to the employer and are paid from the
mutualized account in the Unemployment Compensation Fund. This account
is a separate account in the fund the primary use of which is to pay
benefits when an employer's account cannot be charged for those
benefits. If the employer was a reimbursing employer, the employer
pays the benefits by reimbursing the fund.

JUSTIFICATION: The Unemployment Compensation Law includes certain
conditions that an individual must meet and certain procedures the
individual must follow in order to qualify for unemployment
compensation benefits. It also specifies disqualifying factors for
those who lose jobs and, in such cases, procedures under which an
individual may remove the disqualification. Qualification is generally
easy when a valid application is submitted, a proper claim made for
benefits, registration made at an employment office, and the
individual can and actively seeks employment.

An application for benefits is valid if the filing individual is
unemployed, has separated from employment for a non-disqualifying
reason, was employed by an employer or employers who are subject to
the Unemployment Compensation Law for at least 20 weeks within the
calendar year preceding the first day of the individual's alternate
base period, and has earned an average weekly wage of less than 27.5%
of the statewide average weekly wage for that 20-week minimum period.

Unemployment compensation is funded through a federal-state
partnership. Federal law requires each state to establish its own
unemployment compensation fund for purposes of paying unemployment
benefits so that employers receive a tax credit under the Unemployment
Tax Act.

States can determine how much to pay in unemployment benefits, meaning
that state system must pay whatever the state establishes, and no
more. In the event of a depletion of the state's fund, a governor may
apply to the U.S Secretary of Labor to get a three-month advance for
the payment of unemployment benefits if the state can't pay its
benefits. Having received federal advance money makes a state more
restricted in the changes it can make to its unemployment compensation


system. The state is then unable to take action which will reduce
either its unemployment tax effort or decrease the solvency of its
unemployment compensation system. However, despite these restrictions,
the US Department of Labor has stated that similar bills did not
interfere with the requirements of the federal Unemployment
Compensation Law.

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.

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

                                  6629

                            I N  S E N A T E

                            February 19, 2014
                               ___________

Introduced  by  Sen.  BALL  --  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 eligibility for  unem-
  ployment  benefits  for  individuals  who  voluntarily  separate  from
  employment to accompany a spouse who is  the  subject  of  a  military
  transfer

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

  Section 1. Paragraph (b) of subdivision 1 of section 593 of the  labor
law is amended by adding a new subparagraph (iv) to read as follows:
  (IV) WHERE THE SPOUSE OF THE INDIVIDUAL IS A MEMBER OF THE ARMED FORC-
ES  OF  THE UNITED STATES, THE NEED FOR THE INDIVIDUAL TO ACCOMPANY SUCH
INDIVIDUAL'S SPOUSE (A) TO A PLACE FROM WHICH IT IS IMPRACTICAL FOR SUCH
INDIVIDUAL TO COMMUTE AND (B) DUE TO A CHANGE IN LOCATION AS A RESULT OF
A MILITARY TRANSFER OF THE SPOUSE.
  S 2. This act shall take effect immediately.







 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13582-01-4

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