S T A T E O F N E W Y O R K
________________________________________________________________________
4657
2023-2024 Regular Sessions
I N A S S E M B L Y
February 21, 2023
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Introduced by M. of A. MCGOWAN -- read once and referred to the Commit-
tee on Labor
AN ACT to amend the labor law and the state finance law, in relation to
employer contributions to the unemployment insurance fund and estab-
lishing the unemployment insurance solvency reserve fund
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 581-a of the labor law is amended by adding a new
subdivision 3-a to read as follows:
3-A. NOTWITHSTANDING THE PROVISIONS OF SECTION FIVE HUNDRED EIGHTY-ONE
OF THIS TITLE TO THE CONTRARY AND NOTWITHSTANDING THE ACTUAL SIZE OF THE
FUND INDEX, THE RATE OF CONTRIBUTION FOR A QUALIFIED EMPLOYER IN THE TWO
THOUSAND TWENTY-FOUR FISCAL YEAR SHALL BE THE PERCENTAGE SHOWN IN THE
COLUMN HEADED BY THE SIZE OF THE FUND INDEX AT FIVE PERCENT OR MORE AND
ON THE SAME LINE WITH HIS OR HER NEGATIVE OR POSITIVE EMPLOYER'S ACCOUNT
PERCENTAGE PURSUANT TO SUBDIVISION TWO OF SECTION FIVE HUNDRED EIGHTY-
ONE OF THIS TITLE, UNLESS USING THE ACTUAL SIZE OF THE FUND INDEX WOULD
RESULT IN A LOWER RATE OF CONTRIBUTION FOR AN EMPLOYER, IN WHICH CASE
SUCH EMPLOYER SHALL BE LIABLE FOR SUCH LOWER RATE OF CONTRIBUTION.
§ 2. The state finance law is amended by adding a new section 92-kk to
read as follows:
§ 92-KK. UNEMPLOYMENT INSURANCE SOLVENCY RESERVE FUND. 1. THERE IS
HEREBY ESTABLISHED IN THE STATE TREASURY A FUND TO BE KNOWN AS THE
"UNEMPLOYMENT INSURANCE SOLVENCY RESERVE FUND". SUCH FUND SHALL CONSIST
OF MONEYS DEPOSITED THERE AND MONEYS SHALL BE WITHDRAWN FROM SUCH FUND
ONLY FOR THE PURPOSES AS PROVIDED THEREIN.
2. SUCH FUND MAY CONSIST OF BUT NOT BE LIMITED TO, DISCRETIONARY
FEDERAL FUNDS DESIGNATED AS RECOVERY FUNDS DURING A PERIOD OF ECONOMIC
DOWNTURN AND NON-RECURRING STATE FUNDS DERIVED FROM SETTLEMENT PROCEEDS
AND OTHER SOURCES.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09103-01-3
A. 4657 2
3. SUCH FUND MAY ALSO CONSIST OF AMOUNTS APPROPRIATED OR TRANSFERRED
PURSUANT TO STATUTE.
4. THE AMOUNTS AVAILABLE IN SUCH RESERVE MAY BE USED IF THE FOLLOWING
CONDITIONS ARE MET:
(A) THE UNEMPLOYMENT INSURANCE FUND HAS BORROWED MONEY FROM THE FEDER-
AL GOVERNMENT FOR THE PURPOSE OF PAYING BENEFITS TO CLAIMANTS;
(B) THE FEDERAL GOVERNMENT HAS IMPOSED AN INTEREST ASSESSMENT
SURCHARGE ON THE STATE OF NEW YORK FOR LOANS TO THE UNEMPLOYMENT INSUR-
ANCE FUND; AND
(C) THE FEDERAL GOVERNMENT IS RECOVERING THE PRINCIPAL ON MONEY LOANED
TO THE UNEMPLOYMENT INSURANCE FUND FOR THE PAYMENT OF BENEFIT TO CLAIM-
ANTS.
§ 3. This act shall take effect immediately.