NY State Senate Bill S5354

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

view actions (15)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 01, 2016	referred to labor delivered to assembly passed senate
Feb 08, 2016	advanced to third reading
Feb 02, 2016	2nd report cal.
Feb 01, 2016	1st report cal.94
Jan 06, 2016	referred to labor returned to senate died in assembly
Jun 16, 2015	referred to labor delivered to assembly passed senate ordered to third reading cal.1676 committee discharged and committed to rules
May 13, 2015	referred to labor

Votes

S5354 (ACTIVE) - Details

See Assembly Version of this Bill:: A9684
Current Committee:: Assembly Labor
Law Section:: Labor Law
Laws Affected:: Amd §593, Lab L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6629, A8571
2017-2018: S306, A4326
2019-2020: S3062, A3399
2021-2022: S3623, A7514

S5354 (ACTIVE) - Summary

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.

S5354 (ACTIVE) - Sponsor Memo

BILL NUMBER:S5354

TITLE OF BILL:  An act to amend the labor law, in relation to the eligi-
bility for unemployment benefits for individuals who voluntarily sepa-
rate from employment to accompany a spouse who is the subject of a mili-
tary transfer

PURPOSE: 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 mutu-
alized 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 condi-
tions 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 disqual-
ification. 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 unem-
ployed, has separated from employment for a non-disqualifying reason,
was employed by an employer or employers who are subject to the Unem-
ployment 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 U.S.  Department of
Labor has stated that similar bills did not interfere with the require-
ments of the federal Unemployment Compensation Law.

LEGISLATIVE HISTORY: 2014: S.6629 Passed Senate

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.

S5354 (ACTIVE) - Bill Text download pdf

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

                                  5354

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 13, 2015
                               ___________

Introduced  by  Sen.  MURPHY -- 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.
                                                           LBD08248-01-5

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The New York State Senate

senate Bill S5354

Sponsored By

Archive: Last Bill Status - Passed Senate

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Votes

Mar 1, 2016 - floor Vote

Floor Vote: Mar 1, 2016

Feb 1, 2016 - Labor committee Vote

Labor Committee Vote: Feb 1, 2016

Jun 16, 2015 - floor Vote

Floor Vote: Jun 16, 2015

Jun 16, 2015 - Rules committee Vote

Rules Committee Vote: Jun 16, 2015

S5354 (ACTIVE) - Details

S5354 (ACTIVE) - Summary

S5354 (ACTIVE) - Sponsor Memo

S5354 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S5354

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Sponsored By

Terrence Murphy

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Mar 1, 2016 - floor Vote

Floor Vote: Mar 1, 2016

Feb 1, 2016 - Labor committee Vote

Labor Committee Vote: Feb 1, 2016

Jun 16, 2015 - floor Vote

Floor Vote: Jun 16, 2015

Jun 16, 2015 - Rules committee Vote

Rules Committee Vote: Jun 16, 2015

S5354 (ACTIVE) - Details

S5354 (ACTIVE) - Summary

S5354 (ACTIVE) - Sponsor Memo

S5354 (ACTIVE) - Bill Text download pdf

Comments