The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2355--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 15, 2021
                                ___________
 
 Introduced  by  M.  of A. STIRPE, COLTON, CARROLL, WALLACE, REYES, COOK,
   NOLAN,  THIELE,  ZEBROWSKI,  TAYLOR,  GOTTFRIED,  GRIFFIN,  DeSTEFANO,
   MONTESANO,  RA, GLICK, McDONOUGH, STECK, JACOBSON, CRUZ, AUBRY, SIMON,
   BRONSON, PERRY -- Multi-Sponsored by -- M. of A. RAMOS  --  read  once
   and  referred  to the Committee on Labor -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 AN  ACT to amend the labor law, in relation to the calculation of weekly
   employment insurance benefits for  workers  who  are  partially  unem-
   ployed; and repealing certain provisions of such law relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 522 of the labor law, as amended by chapter 720  of
 the laws of 1953, is amended to read as follows:
   §  522.  Total unemployment AND PARTIAL UNEMPLOYMENT. "Total unemploy-
 ment" means the total lack of any employment [on  any  day]  DURING  ANY
 WEEK.  "PARTIAL EMPLOYMENT" MEANS ANY EMPLOYMENT DURING ANY WEEK THAT IS
 LESS THAN FULL-TIME EMPLOYMENT SO LONG AS THE COMPENSATION PAID IS  LESS
 THAN  THE  CLAIMANT'S  WEEKLY  BENEFIT  RATE PLUS THE CLAIMANT'S PARTIAL
 BENEFIT CREDIT. The term "employment" as used in this section means  any
 employment including that not defined in this title.
   § 2. Section 523 of the labor law is REPEALED and a new section 523 is
 added to read as follows:
   §  523. EFFECTIVE WEEK. "EFFECTIVE WEEK" MEANS (A) A WEEK DURING WHICH
 A CLAIMANT PERFORMS NO SERVICES FOR WHICH THE CLAIMANT IS  PAID  COMPEN-
 SATION,  OR  (B)  A  WEEK DURING WHICH A CLAIMANT PERFORMS SERVICES ON A
 PART-TIME BASIS FOR WHICH THE CLAIMANT IS PAID COMPENSATION THAT IS LESS
 THAN THE CLAIMANT'S WEEKLY BENEFIT RATE PLUS HIS OR HER PARTIAL  BENEFIT
 CREDIT.
   §  3.  The labor law is amended by adding a new section 525 to read as
 follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05015-03-1

 A. 2355--A                          2
 
   § 525. PARTIAL BENEFIT CREDIT. "PARTIAL  BENEFIT  CREDIT"  MEANS  THAT
 PART  OF  THE COMPENSATION, IF ANY, PAID TO A CLAIMANT WITH RESPECT TO A
 WEEK FOR WHICH BENEFITS ARE CLAIMED UNDER THE  PROVISIONS  OF  THIS  LAW
 WHICH  IS  NOT  IN EXCESS OF FIFTY PER CENTUM OF THE INDIVIDUAL'S WEEKLY
 BENEFIT  RATE,  OR  ONE  HUNDRED DOLLARS, WHICHEVER IS THE GREATER. SUCH
 PARTIAL BENEFIT CREDIT, IF NOT  A  MULTIPLE  OF  ONE  DOLLAR,  SHALL  BE
 COMPUTED TO THE NEXT HIGHER MULTIPLE OF ONE DOLLAR.
   §  4.  Subdivision  4  of  section 527 of the labor law, as amended by
 chapter 832 of the laws of 1968 and as renumbered by chapter 381 of  the
 laws of 1984, is amended to read as follows:
   4.  General  condition.  A valid original claim may be filed only in a
 week [in which the claimant has at least one effective day of  unemploy-
 ment] THAT QUALIFIES AS AN EFFECTIVE WEEK OF UNEMPLOYMENT FOR THE CLAIM-
 ANT.
   §  5.  Subparagraph 2 of paragraph (e) of subdivision 1 of section 581
 of the labor law, as amended by chapter 282 of  the  laws  of  2002  and
 clause  (v)  as  added by chapter 106 of the laws of 2007, is amended to
 read as follows:
   (2) Benefits payable to any claimant with respect  to  the  claimant's
 then current benefit year shall be charged, when paid, to the account of
 the  last  employer  prior to the filing of a valid original claim in an
 amount equal to seven times the  claimant's  benefit  rate.  Thereafter,
 such  charges  shall be made to the account of each employer in the base
 period used to establish the valid original claim in the same proportion
 that the remuneration paid by each employer to the claimant during  that
 base  period  bears  to  the  remuneration  paid by all employers to the
 claimant during that base period except as provided below:
   (i) In those instances where the claimant may not utilize  wages  paid
 to  establish  entitlement  based  upon  subdivision ten of section five
 hundred ninety of this article and an  educational  institution  is  the
 claimant's  last employer prior to the filing of the claim for benefits,
 or the claimant performed services in such  educational  institution  in
 such  capacity  while employed by an educational service agency which is
 the claimant's last employer prior to the filing of the claim for  bene-
 fits,  such  employer  shall  not  be liable for benefit charges for the
 first [twenty-eight effective days] SEVEN EFFECTIVE  WEEKS  of  benefits
 paid  as  otherwise  provided by this section. Under such circumstances,
 benefits paid shall be charged to  the  general  account.  In  addition,
 wages  paid  during the base period by such educational institutions, or
 for services in such educational institutions for claimants employed  by
 an  educational service agency shall not be considered base period wages
 during periods that such wages may not be used to  gain  entitlement  to
 benefits  pursuant  to subdivision ten of section five hundred ninety of
 this article.
   (ii) In those instances where the claimant may not utilize wages  paid
 to  establish  entitlement based upon subdivision eleven of section five
 hundred ninety of this article and an  educational  institution  is  the
 claimant's  last employer prior to the filing of the claim for benefits,
 or the claimant performed services in such  educational  institution  in
 such  capacity  while employed by an educational service agency which is
 the claimant's last employer prior to the filing of the claim for  bene-
 fits,  such  employer  shall  not  be liable for benefit charges for the
 first [twenty-eight effective days] SEVEN EFFECTIVE  WEEKS  of  benefits
 paid  as  otherwise  provided by this section. Under such circumstances,
 benefits paid will be charged to the general account. In addition, wages
 paid during the base period by such  educational  institutions,  or  for

 A. 2355--A                          3
 
 services  in  such educational institutions for claimants employed by an
 educational service agency shall not be  considered  base  period  wages
 during  periods  that  such wages may not be used to gain entitlement to
 benefits  pursuant  to subdivision eleven of section five hundred ninety
 of this article. However, in those instances where a  claimant  was  not
 afforded an opportunity to perform services for the educational institu-
 tion  for  the next academic year or term after reasonable assurance was
 provided, such employer shall be liable for benefit charges as  provided
 for in this paragraph for any retroactive payments made to the claimant.
   (iii)  In  those  instances where the federal government is the claim-
 ant's last employer prior to the filing of the claim  for  benefits  and
 such employer is not a base-period employer, payments equaling the first
 [twenty-eight  effective  days]  SEVEN  EFFECTIVE  WEEKS  of benefits as
 otherwise prescribed by this section shall be  charged  to  the  general
 account.  In  those instances where the federal government is the claim-
 ant's last employer prior to the filing of the claim for benefits and  a
 base-period  employer, such employer shall be liable for charges for all
 benefits paid on such claim in the same proportion that the remuneration
 paid by such employer during the base period bears to  the  remuneration
 paid  by  all  employers  during  the  base period. In addition, benefit
 payment charges for the first [twenty-eight effective days] SEVEN EFFEC-
 TIVE WEEKS of benefits  other  than  those  chargeable  to  the  federal
 government as prescribed above shall be made to the general account.
   (iv)  In those instances where a combined wage claim is filed pursuant
 to interstate reciprocal agreements and  the  claimant's  last  employer
 prior  to  the  filing of the claim is an out-of-state employer and such
 employer is not a base-period employer, benefit  payments  equaling  the
 first [twenty-eight effective days] SEVEN EFFECTIVE WEEKS of benefits as
 otherwise  prescribed  by  this  section shall be charged to the general
 account. In those instances where the out-of-state employer is the  last
 employer prior to the filing of the claim for benefits and a base-period
 employer such employer shall be liable for charges for all benefits paid
 on  such claim in the same proportion that the remuneration paid by such
 employer during the base period bears to the remuneration  paid  by  all
 employers  during  the base period. In addition, benefit payment charges
 for the [twenty-eight effective days] SEVEN EFFECTIVE WEEKS of  benefits
 other  than  those chargeable to the out-of-state employer as prescribed
 above shall be made to the general account.
   (v) In those instances where the last employer prior to the filing  of
 a  valid  original  claim  has  paid  total remuneration to the claimant
 during the period from the start of the base period  used  to  establish
 the  benefit  claim until the date of the claimant's filing of the valid
 original claim in an amount less than or equal to six times  the  claim-
 ant's  benefit  rate and the last employer has substantiated such amount
 to the satisfaction of the commissioner within ten days of  the  commis-
 sioner's  original  notice  of potential charges to such last employer's
 account, benefits shall be charged as follows: benefits payable  to  the
 claimant  with respect to the claimant's then current benefit year shall
 be charged, when paid, to the account of such last employer prior to the
 filing of a valid original claim in an amount equal to the lowest  whole
 number  (one, two, three, four, five, or six) times the claimant's bene-
 fit rate where the product of such lowest whole number times the  claim-
 ant's  benefit  rate is equal to or greater than such total remuneration
 paid by such last employer to the claimant.   Thereafter,  such  charges
 shall be made to the account of each employer in the base period used to
 establish  the  valid  original  claim  in  the same proportion that the

 A. 2355--A                          4
 
 remuneration paid by each employer to  the  claimant  during  that  base
 period  bears  to the remuneration paid by all employers to the claimant
 during that base period.  Notice  of  such  recalculation  of  potential
 charges  shall  be  given  to the last employer and each employer of the
 claimant in the base period used to establish the valid original claim.
   § 6. Subdivision 1 of section 590 of the  labor  law,  as  amended  by
 chapter 645 of the laws of 1951, is amended to read as follows:
   1. Entitlement to benefits. A claimant shall be entitled to accumulate
 effective  [days] WEEKS for the purpose of benefit rights only if he has
 complied with the provisions of this article regarding the filing of his
 claim, including the filing of a valid  original  claim,  registered  as
 totally  OR PARTIALLY unemployed, reported his subsequent employment and
 unemployment, and reported for work or otherwise  given  notice  of  the
 continuance of his unemployment.
   §  7.  Subdivision  3  of  section 590 of the labor law, as amended by
 chapter 645 of the laws of 1951, is amended to read as follows:
   3. Compensable periods. Benefits shall be paid for each  [accumulation
 of] effective [days within a] week.
   §  8.  Subdivision  4  of  section 590 of the labor law, as amended by
 chapter 457 of the laws of 1987, is amended to read as follows:
   4. Duration. Benefits shall not be paid [for more than one hundred and
 four effective days] IN AN AMOUNT  GREATER  THAN  TWENTY-SIX  TIMES  THE
 CLAIMANT'S  WEEKLY  BENEFIT RATE in any benefit year, except as provided
 in section six hundred one and subdivision two of section  five  hundred
 ninety-nine of this chapter.
   §  9.  Subdivision  5  of  section  590 of the labor law is amended by
 adding two new paragraphs (c) and (d) to read as follows:
   (C) BENEFIT FOR PARTIAL UNEMPLOYMENT. EXCEPT AS PROVIDED IN  PARAGRAPH
 (D)  OF  THIS SUBDIVISION, ANY CLAIMANT WHO IS PARTIALLY UNEMPLOYED WITH
 RESPECT TO ANY EFFECTIVE WEEK SHALL BE PAID, WITH RESPECT TO SUCH EFFEC-
 TIVE WEEK, A BENEFIT EQUAL TO HIS WEEKLY BENEFIT RATE LESS THE TOTAL  OF
 THE  REMUNERATION,  IF  ANY, PAID OR PAYABLE TO HIM WITH RESPECT TO SUCH
 WEEK FOR SERVICES PERFORMED WHICH IS IN EXCESS OF  HIS  PARTIAL  BENEFIT
 CREDIT.
   (D) BENEFIT FOR PARTIAL UNEMPLOYMENT FOR CERTAIN CLAIMANTS WORKING ONE
 DAY  IN A WEEK. ANY CLAIMANT WHO IS PARTIALLY UNEMPLOYED WITH RESPECT TO
 ANY EFFECTIVE WEEK BUT WHOSE EMPLOYMENT IS LIMITED  TO  ONE  DAY  DURING
 THAT  EFFECTIVE  WEEK AND WHOSE REMUNERATION PAID OR PAYABLE TO HIM WITH
 RESPECT TO SUCH WEEK FOR SERVICES PERFORMED  IS  LESS  THAN  HIS  WEEKLY
 BENEFIT RATE SHALL BE PAID, WITH RESPECT TO SUCH EFFECTIVE WEEK, A BENE-
 FIT  EQUAL  TO  THREE-QUARTERS OF HIS WEEKLY BENEFIT RATE, OR IF HIGHER,
 THE BENEFIT CALCULATED PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION.
   § 10. Subdivision 6 of section 590 of the labor law, as added by chap-
 ter 720 of the laws of 1953 and as renumbered by chapter 675 of the laws
 of 1977, is amended to read as follows:
   6. Notification requirement. No effective [day] WEEK shall be  counted
 for  any purposes except effective [days] WEEKS as to which notification
 has been given in a manner prescribed by the commissioner.
   § 11. Subdivision 7 of section 590 of the labor  law,  as  amended  by
 chapter 415 of the laws of 1983, is amended to read as follows:
   7.  Waiting  period.  A  claimant  shall not be entitled to accumulate
 effective [days] WEEKS for the purpose of benefit payments until he  has
 accumulated a waiting period of [four effective days either wholly with-
 in  the  week in which he established his valid original claim or partly
 within such week and partly within his benefit year  initiated  by  such
 claim] ONE EFFECTIVE WEEK.

 A. 2355--A                          5
 
   §  12.  Subdivision  1  of section 591 of the labor law, as amended by
 chapter 413 of the laws of 2003, is amended to read as follows:
   1.  Unemployment. Benefits, except as provided in section five hundred
 ninety-one-a of this title, shall be paid only  to  a  claimant  who  is
 totally  unemployed  OR PARTIALLY UNEMPLOYED and who is unable to engage
 in his usual employment or in any  other  for  which  he  is  reasonably
 fitted  by training and experience. A claimant who is receiving benefits
 under this article shall not be denied such benefits  pursuant  to  this
 subdivision or to subdivision two of this section because of such claim-
 ant's  service  on  a  grand or petit jury of any state or of the United
 States.
   § 13. Subdivision 1 of section 591 of the labor  law,  as  amended  by
 chapter 446 of the laws of 1981, is amended to read as follows:
   1.  Unemployment.  Benefits  shall  be  paid only to a claimant who is
 totally unemployed OR PARTIALLY UNEMPLOYED and who is unable  to  engage
 in  his  usual  employment  or  in  any other for which he is reasonably
 fitted by training and experience. A claimant who is receiving  benefits
 under  this  article  shall not be denied such benefits pursuant to this
 subdivision or to subdivision two of this section because of such claim-
 ant's service on a grand or petit jury of any state  or  of  the  United
 States.
   §  14.  Paragraph (a) of subdivision 3 of section 591 of the labor law
 is REPEALED and a new paragraph (a) is added to read as follows:
   (A) COMPENSATION PAID TO A CLAIMANT FOR ANY DAY DURING A PAID VACATION
 PERIOD, OR FOR A PAID HOLIDAY, SHALL  BE  CONSIDERED  COMPENSATION  FROM
 EMPLOYMENT.
   §  15.  Subparagraph  (i) of paragraph (b) of subdivision 2 of section
 591-a of the labor law, as amended by section 14 of part O of chapter 57
 of the laws of 2013, is amended to read as follows:
   (i) requirements relating to total unemployment AND PARTIAL  UNEMPLOY-
 MENT,  as  defined  in  section five hundred twenty-two of this article,
 availability for work and search for work, as set forth  in  subdivision
 two  of  section  five  hundred  ninety-one of this title and refusal to
 accept work, as set forth in subdivision two  of  section  five  hundred
 ninety-three of this title, are not applicable to such individuals;
   §  16.  Subdivision  2  of section 592 of the labor law, as amended by
 chapter 415 of the laws of 1983, is amended to read as follows:
   2. Concurrent payments prohibited. No [days] WEEKS of total  unemploy-
 ment  OR  PARTIAL UNEMPLOYMENT shall be deemed to occur in any week with
 respect to which [or a part of which] a  claimant  has  received  or  is
 seeking  unemployment benefits under an unemployment compensation law of
 any other state or of the United States, provided  that  this  provision
 shall  not apply if the appropriate agency of such other state or of the
 United States finally determines that he is not entitled to  such  unem-
 ployment benefits.
   §  17. Paragraph (a) of subdivision 1 of section 593 of the labor law,
 as amended by section 15 of part O of chapter 57 of the laws of 2013, is
 amended to read as follows:
   (a) No [days] WEEKS of  total  unemployment  OR  PARTIAL  UNEMPLOYMENT
 shall be deemed to occur after a claimant's voluntary separation without
 good  cause  from  employment until he or she has subsequently worked in
 employment and earned remuneration at least equal to ten  times  his  or
 her  weekly benefit rate. In addition to other circumstances that may be
 found to constitute good cause, including a compelling family reason  as
 set  forth  in  paragraph  (b) of this subdivision, voluntary separation
 from employment shall not in itself disqualify  a  claimant  if  circum-

 A. 2355--A                          6
 
 stances  have developed in the course of such employment that would have
 justified the claimant in refusing such employment in the first instance
 under the terms of subdivision two of this section or if  the  claimant,
 pursuant  to  an option provided under a collective bargaining agreement
 or written employer plan which permits waiver of his  or  her  right  to
 retain  the  employment when there is a temporary layoff because of lack
 of work, has elected to be separated for  a  temporary  period  and  the
 employer has consented thereto.
   §  18.  The  opening  paragraph of subdivision 2 of section 593 of the
 labor law, as amended by section 15 of part O of chapter 57 of the  laws
 of 2013, is amended to read as follows:
   No [days] WEEKS of total unemployment OR PARTIAL UNEMPLOYMENT shall be
 deemed  to  occur  beginning with the [day on] WEEK IN which a claimant,
 without good cause, refuses to accept an offer of employment  for  which
 he  or  she  is  reasonably fitted by training and experience, including
 employment not subject to this article, until he or she has subsequently
 worked in employment and earned remuneration at least equal to ten times
 his or her weekly benefit  rate.  Except  that  claimants  who  are  not
 subject to a recall date or who do not obtain employment through a union
 hiring  hall  and  who are still unemployed after receiving ten weeks of
 benefits shall be required to accept any employment proffered that  such
 claimants are capable of performing, provided that such employment would
 result  in  a  wage not less than eighty percent of such claimant's high
 calendar quarter wages received in the base period and not substantially
 less than the prevailing wage  for  similar  work  in  the  locality  as
 provided  for in paragraph (d) of this subdivision. No refusal to accept
 employment shall be deemed without good cause nor  shall  it  disqualify
 any claimant otherwise eligible to receive benefits if:
   §  19.  Subdivision  3  of section 593 of the labor law, as amended by
 section 15 of part O of chapter 57 of the laws of 2013,  is  amended  to
 read as follows:
   3.  Misconduct. No [days] WEEKS of total unemployment OR PARTIAL UNEM-
 PLOYMENT shall be deemed to  occur  after  a  claimant  lost  employment
 through  misconduct in connection with his or her employment until he or
 she has subsequently worked in employment  and  earned  remuneration  at
 least equal to ten times his or her weekly benefit rate.
   §  20.  Subdivision  4  of section 593 of the labor law, as amended by
 chapter 589 of the laws of 1998, is amended to read as follows:
   4. Criminal acts. No [days] WEEKS of  total  unemployment  OR  PARTIAL
 UNEMPLOYMENT  shall  be deemed to occur during a period of twelve months
 after a claimant loses employment as a result of an act  constituting  a
 felony in connection with such employment, provided the claimant is duly
 convicted thereof or has signed a statement admitting that he or she has
 committed  such an act.  Determinations regarding a benefit claim may be
 reviewed at any time.  Any benefits paid to a claimant prior to a deter-
 mination that the claimant has lost employment as a result of  such  act
 shall  not  be  considered to have been accepted by the claimant in good
 faith. In addition, remuneration paid to the claimant  by  the  affected
 employer prior to the claimant's loss of employment due to such criminal
 act may not be utilized for the purpose of establishing entitlement to a
 subsequent,  valid  original  claim.  The provisions of this subdivision
 shall apply even if the employment lost as a result of such act  is  not
 the claimant's last employment prior to the filing of his or her claim.
   § 21. Subdivisions 1 and 2 of section 594 of the labor law, as amended
 by  section  16 of part O of chapter 57 of the laws of 2013, are amended
 to read as follows:

 A. 2355--A                          7
 
   (1) A claimant who has wilfully made a false  statement  or  represen-
 tation  to obtain any benefit under the provisions of this article shall
 forfeit benefits for at least the first [four] ONE but not more than the
 first [eighty] TWENTY effective [days] WEEKS following discovery of such
 offense  for  which  he  or  she  otherwise  would have been entitled to
 receive benefits. Such penalty shall apply only  once  with  respect  to
 each such offense.
   (2) For the purpose of subdivision four of section five hundred ninety
 of  this article, the claimant shall be deemed to have received benefits
 for such forfeited effective [days] WEEKS.
   § 22. Subdivision 1 of section 596 of the labor  law,  as  amended  by
 chapter 204 of the laws of 1982, is amended to read as follows:
   1.  Claim  filing  and certification to unemployment. A claimant shall
 file a claim for benefits at the local state employment  office  serving
 the  area  in  which  he was last employed or in which he resides within
 such time and in such manner as the  commissioner  shall  prescribe.  He
 shall  disclose  whether he owes child support obligations, as hereafter
 defined. If a claimant making such disclosure is eligible for  benefits,
 the  commissioner shall notify the state or local child support enforce-
 ment agency, as hereafter defined, that the claimant is eligible.
   A claimant shall correctly report any [days] WEEKS of  employment  and
 any  compensation he received for such employment, including employments
 not subject to this article, and the [days on] WEEKS DURING which he was
 totally unemployed OR PARTIALLY UNEMPLOYED and shall make  such  reports
 in accordance with such regulations as the commissioner shall prescribe.
   § 23. Subdivision 4 of section 596 of the labor law, as added by chap-
 ter 705 of the laws of 1944, as renumbered by section 148-a of part B of
 chapter  436 of the laws of 1997 and such section as renumbered by chap-
 ter 663 of the laws of 1946, is amended to read as follows:
   4. Registration and reporting for work. A claimant shall  register  as
 totally  unemployed  OR PARTIALLY UNEMPLOYED at a local state employment
 office serving the area in which he was last employed  or  in  which  he
 resides  in  accordance  with such regulations as the commissioner shall
 prescribe. After so registering, such claimant shall report for work  at
 the  same  local state employment office or otherwise give notice of the
 continuance of his unemployment as often  and  in  such  manner  as  the
 commissioner shall prescribe.
   §  24. Paragraph (a) of subdivision 2 of section 599 of the labor law,
 as amended by chapter 593 of the laws of 1991, is  amended  to  read  as
 follows:
   (a)  Notwithstanding  any  other provision of this chapter, a claimant
 attending an approved training course or program under this section  may
 receive  additional  benefits  of  up  to  [one hundred four] TWENTY-SIX
 effective [days] WEEKS  following  exhaustion  of  regular  and,  if  in
 effect,  any other extended benefits, provided that entitlement to a new
 benefit claim cannot be established. Certification of  continued  satis-
 factory  participation  and  progress in such training course or program
 must be submitted to the commissioner prior to the payment of  any  such
 benefits.  The  duration  of  such  additional benefits shall in no case
 exceed twice the number of effective [days] WEEKS of regular benefits to
 which the claimant is entitled at the time the claimant is accepted  in,
 or demonstrates application for appropriate training.
   §  25.  The  opening  paragraph  and paragraph (e) of subdivision 2 of
 section 601 of the labor law, as amended by chapter 35 of  the  laws  of
 2009, are amended to read as follows:

 A. 2355--A                          8
 
   Extended  benefits shall be payable to a claimant for effective [days]
 WEEKS occurring [in any week] within an eligibility period, provided the
 claimant
   (e)  is  not  claiming  benefits pursuant to an interstate claim filed
 under the interstate benefit payment plan in a state where  an  extended
 benefit  period  is  not in effect, except that this condition shall not
 apply with respect to the first [eight] TWO effective [days]  WEEKS  for
 which extended benefits shall otherwise be payable pursuant to an inter-
 state claim filed under the interstate benefit payment plan; and
   §  26.  Paragraphs  (b) and (c) of subdivision 3 of section 601 of the
 labor law, as amended by chapter 35 of the laws of 2009, are amended  to
 read as follows:
   (b) for not more than [fifty-two] THIRTEEN effective [days] WEEKS with
 respect  to  his  or  her  applicable benefit year, with a total maximum
 amount equal to fifty percentum of the total maximum amount  of  regular
 benefits payable in such benefit year, and
   (c) if a claimant's benefit year ends within an extended benefit peri-
 od,  the remaining balance of extended benefits to which he or she would
 be entitled, if any, shall be reduced by the number of effective  [days]
 WEEKS  for  which  he  or she was entitled to receive trade readjustment
 allowances under the federal trade act of nineteen hundred  seventy-four
 during such benefit year, and
   §  27.  Subdivision  4  of section 601 of the labor law, as amended by
 chapter 35 of the laws of 2009, is amended to read as follows:
   4. Charging of extended benefits. The provisions of paragraph  (e)  of
 subdivision one of section five hundred eighty-one of this article shall
 apply  to  benefits paid pursuant to the provisions of this section, and
 if they were paid for effective [days occurring in] weeks following  the
 end  of  a  benefit year, they shall be deemed paid with respect to that
 benefit year. However, except for governmental entities  as  defined  in
 section  five hundred sixty-five and Indian tribes as defined in section
 five hundred sixty-six of this article, only one-half of the  amount  of
 such  benefits shall be debited to the employers' account; the remainder
 thereof shall be debited to the general account, and such account  shall
 be credited with the amount of payments received in the fund pursuant to
 the  provisions  of the federal-state extended unemployment compensation
 act. Notwithstanding the foregoing,  where  the  state  has  entered  an
 extended  benefit period triggered pursuant to subparagraph one of para-
 graph (a) of subdivision one of  this  section  for  which  federal  law
 provides  for  one hundred percent federal sharing of the costs of bene-
 fits, all charges shall be debited  to  the  general  account  and  such
 account  shall  be  credited with the amount of payments received in the
 fund pursuant to the provisions of the federal-state extended  unemploy-
 ment  compensation  act  or  other federal law providing for one hundred
 percent federal sharing for the cost of such benefits.
   § 28. Paragraph (b) of subdivision 5 of section 601 of the labor  law,
 as  amended  by  chapter  35  of the laws of 2009, is amended to read as
 follows:
   (b) No [days] WEEKS of  total  unemployment  OR  PARTIAL  UNEMPLOYMENT
 shall  be  deemed  to  occur  [in any week] within an eligibility period
 during which a claimant fails to accept any offer of  suitable  work  or
 fails  to apply for suitable work to which he or she was referred by the
 commissioner, who shall make such referral if such work is available, or
 during which he or she fails to  engage  actively  in  seeking  work  by
 making  a  systematic  and sustained effort to obtain work and providing
 tangible evidence of such effort, and until he  or  she  has  worked  in

 A. 2355--A                          9
 
 employment during at least four subsequent weeks and earned remuneration
 of at least four times his or her benefit rate.
   §  29. Paragraph (e) of subdivision 5 of section 601 of the labor law,
 as amended by chapter 35 of the laws of 2009,  is  amended  to  read  as
 follows:
   (e)  No  [days]  WEEKS  of  total unemployment OR PARTIAL UNEMPLOYMENT
 shall be deemed to occur [in any  week]  within  an  eligibility  period
 under section five hundred ninety-three of this article, until he or she
 has  subsequently  worked  in employment in accordance with the require-
 ments set forth in section five hundred ninety-three of this article.
   § 30. Section 603 of the labor law, as amended by section 21 of part O
 of chapter 57 of the laws of 2013, is amended to read as follows:
   § 603. Definitions. For purposes of this title:  "Total  unemployment"
 shall mean the total lack of any employment [on any day] DURING ANY WEEK
 AND  "PARTIAL  UNEMPLOYMENT"  SHALL  MEAN ANY EMPLOYMENT DURING ANY WEEK
 THAT IS LESS THAN FULL-TIME EMPLOYMENT SO LONG AS THE COMPENSATION  PAID
 IS  LESS  THAN  THE  CLAIMANT'S  WEEKLY BENEFIT RATE PLUS THE CLAIMANT'S
 PARTIAL BENEFIT CREDIT, other than  with  an  employer  applying  for  a
 shared  work  program.  "Work  force" shall mean the total work force, a
 clearly identifiable unit or units thereof, or  a  particular  shift  or
 shifts.  The  work  force  subject to reduction shall consist of no less
 than two employees.
   § 31. This act shall take effect on the thirtieth day after  it  shall
 have  become  a  law,  provided  that the amendments to subdivision 1 of
 section 591 of the labor law made by section twelve of this act shall be
 subject to the expiration and reversion of such subdivision pursuant  to
 section  10  of  chapter  413 of the laws of 2003, as amended, when upon
 such date the provisions of section thirteen  of  this  act  shall  take
 effect;  provided  further  that  the amendments to section 591-a of the
 labor law made by section fifteen of  this  act  shall  not  affect  the
 repeal of such section and shall be deemed repealed therewith.