senate Bill S1042A

2021-2022 Legislative Session

Relates to the calculation of weekly unemployment insurance and the repeal of certain provisions relating thereto

download bill text pdf

Sponsored By

Current Bill Status - Passed Senate & Assembly


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (12)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 26, 2021 returned to senate
passed assembly
ordered to third reading rules cal.10
substituted for a2355a
Jan 19, 2021 referred to labor
delivered to assembly
passed senate
ordered to third reading cal.61
reported and committed to rules
Jan 08, 2021 print number 1042a
Jan 08, 2021 amend and recommit to labor
Jan 06, 2021 referred to labor

Votes

view votes

Jan 19, 2021 - Labor committee Vote

S1042A
10
0
committee
10
Aye
0
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Labor committee vote details

Labor Committee Vote: Jan 19, 2021

aye wr (3)

Jan 19, 2021 - Rules committee Vote

S1042A
19
0
committee
19
Aye
0
Nay
1
Aye with Reservations
1
Absent
0
Excused
0
Abstained
show Rules committee vote details

S1042 - Details

See Assembly Version of this Bill:
A2355
Law Section:
Labor Law
Laws Affected:
Rpld & add §523, §591 sub 3 ¶(a), amd Lab L, generally
Versions Introduced in Other Legislative Sessions:
2013-2014: A7278
2015-2016: A4839
2017-2018: A1857, A9759
2019-2020: S5754, A446

S1042 - Summary

Relates to the calculation of weekly unemployment insurance and the repeal of certain provisions relating thereto.

S1042 - Sponsor Memo

S1042 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1042
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- 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 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:
   §  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Co-Sponsors

view additional co-sponsors

S1042A (ACTIVE) - Details

See Assembly Version of this Bill:
A2355
Law Section:
Labor Law
Laws Affected:
Rpld & add §523, §591 sub 3 ¶(a), amd Lab L, generally
Versions Introduced in Other Legislative Sessions:
2013-2014: A7278
2015-2016: A4839
2017-2018: A1857, A9759
2019-2020: S5754, A446

S1042A (ACTIVE) - Summary

Relates to the calculation of weekly unemployment insurance and the repeal of certain provisions relating thereto.

S1042A (ACTIVE) - Sponsor Memo

S1042A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1042--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Labor  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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:
   § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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