NY State Senate Bill S3623

Archive: Last Bill Status - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

Your Voice

Please enter your contact information

First Name *

Last Name *

Email Address *

A valid email address is required.

Home address search or enter your address manually *

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Leave this field blank

Actions

view actions (13)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 11, 2021	signed chap.610
Nov 10, 2021	delivered to governor
Jun 07, 2021	returned to senate passed assembly ordered to third reading rules cal.480 substituted for a7514
May 12, 2021	referred to labor delivered to assembly passed senate
Feb 22, 2021	advanced to third reading
Feb 10, 2021	2nd report cal.
Feb 09, 2021	1st report cal.366
Jan 30, 2021	referred to labor

Votes

Co-Sponsors

S3623 (ACTIVE) - Details

See Assembly Version of this Bill:: A7514
Law Section:: Labor Law
Laws Affected:: Amd §593, Lab L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6629, A8571
2015-2016: S5354, A4158, A9684
2017-2018: S306, A4326
2019-2020: S3062, A3399

S3623 (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.

S3623 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S3623

SPONSOR: ORTT
 
TITLE OF BILL:

An act to amend the labor law, in relation to the eligibility for unem-
ployment benefits for individuals who voluntarily separate from employ-
ment to accompany a spouse who is the subject of a military 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 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 disqualifica-
tion. 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 unem-
ployment 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 requirements of the
federal Unemployment Compensation Law.

 
LEGISLATIVE HISTORY::

2019-2020: S.3062 Referred to Labor

2017-2018: S.306 Passed Senate

2015-2016: S.3633A - Ordered to third reading, cal. 1357

2014: S.6629 - Passed Senate

 
FISCAL IMPLICATIONS::

None

 
EFFECTIVE DATE::

This act shall take effect immediately.

S3623 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3623
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2021
                                ___________
 
 Introduced  by  Sen.  ORTT  --  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.
   § 2. This act shall take effect immediately.
 
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07674-01-1

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

The New York State Senate

senate Bill S3623

Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

May 12, 2021 - floor Vote

Floor Vote: May 12, 2021

Feb 9, 2021 - Labor committee Vote

Labor Committee Vote: Feb 9, 2021

Co-Sponsors

S3623 (ACTIVE) - Details

S3623 (ACTIVE) - Summary

S3623 (ACTIVE) - Sponsor Memo

S3623 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S3623

Share this bill

Sponsored By

Robert G. Ortt

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

May 12, 2021 - floor Vote

Floor Vote: May 12, 2021

Feb 9, 2021 - Labor committee Vote

Labor Committee Vote: Feb 9, 2021

Co-Sponsors

Daniel G. Stec

S3623 (ACTIVE) - Details

S3623 (ACTIVE) - Summary

S3623 (ACTIVE) - Sponsor Memo

S3623 (ACTIVE) - Bill Text download pdf

Comments