Assembly Bill A10304

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10304
 
                           I N  A S S E M B L Y
 
                             February 20, 2026
                                ___________
 
 Introduced by M. of A. VALDEZ -- read once and referred to the Committee
   on Labor
 
 AN  ACT  to  amend  the  labor  law, in relation to the calculation of a
   claimant's weekly unemployment insurance benefit
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. Paragraph (a) of subdivision 5 of section 590 of the labor
 law, as amended by section 3 of part KK of chapter 56  of  the  laws  of
 2025, is amended to read as follows:
   (a)  A  claimant's  AVERAGE  weekly [benefit amount] WAGE shall be one
 [twenty-sixth] THIRTEENTH of the remuneration paid  during  the  highest
 calendar  quarter  of  the base period by employers, liable for contrib-
 utions or payments in lieu of contributions under this article, provided
 the claimant has remuneration paid in all four calendar quarters  during
 such  claimant's base period or alternate base period. [However, for any
 claimant who has remuneration paid in all four calendar quarters  during
 such  claimant's  base  period  or  alternate base period and whose high
 calendar quarter remuneration during the base period is  three  thousand
 five  hundred  seventy-five dollars or less, the benefit amount shall be
 one twenty-fifth of the remuneration paid during  the  highest  calendar
 quarter  of  the  base  period  by employers liable for contributions or
 payments in lieu of contributions  under  this  article.]  A  claimant's
 AVERAGE  weekly [benefit] WAGE shall be one [twenty-sixth] THIRTEENTH of
 the average remuneration paid in the two highest  quarters  paid  during
 the  base  period  or  alternate  base  period  by  employers liable for
 contributions or payments in lieu of contributions  under  this  article
 when  the  claimant has remuneration paid in two or three calendar quar-
 ters [provided however, that a claimant whose high calendar  quarter  is
 four  thousand  dollars  or  less  but  greater than three thousand five
 hundred seventy-five dollars shall have a weekly benefit amount  of  one
 twenty-sixth  of  such  high calendar quarter. However, for any claimant
 who has remuneration paid in two or three calendar quarters during  such
 claimant's  base period or alternate base period and whose high calendar
 quarter remuneration during the  base  period  is  three  thousand  five

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14259-02-6
 A. 10304                            2

 hundred  seventy-five  dollars  or less, the benefit amount shall be one
 twenty-fifth of the remuneration paid during the highest calendar  quar-
 ter of the base period by employers liable for contributions or payments
 in  lieu  of  contributions  under this article. Any claimant whose high
 calendar quarter remuneration during the base period is more than  three
 thousand five hundred seventy-five dollars shall not have a weekly bene-
 fit amount less than one hundred forty-three dollars. The weekly benefit
 amount,  so  computed,  that  is  not  a multiple of one dollar shall be
 lowered to the next multiple of one dollar].   IF A  CLAIMANT'S  AVERAGE
 WEEKLY WAGE AS CALCULATED PURSUANT TO THIS PARAGRAPH IS BETWEEN ZERO AND
 FIFTY  PERCENT  OF THE STATE AVERAGE WEEKLY WAGE, SUCH CLAIMANT'S WEEKLY
 BENEFIT SHALL BE EQUAL TO EIGHTY-FIVE PERCENT OF SUCH CLAIMANT'S AVERAGE
 WEEKLY WAGE. IF A CLAIMANT'S AVERAGE WEEKLY WAGE AS CALCULATED  PURSUANT
 TO  THIS  PARAGRAPH  IS BETWEEN FIFTY-ONE AND ONE HUNDRED PERCENT OF THE
 STATE AVERAGE WEEKLY WAGE, SUCH CLAIMANT'S WEEKLY BENEFIT SHALL BE EQUAL
 TO SEVENTY PERCENT OF SUCH CLAIMANT'S AVERAGE WEEKLY WAGE. IF  A  CLAIM-
 ANT'S  AVERAGE  WEEKLY  WAGE AS CALCULATED PURSUANT TO THIS PARAGRAPH IS
 GREATER THAN ONE HUNDRED PERCENT OF THE STATE AVERAGE WEEKLY WAGE,  SUCH
 CLAIMANT'S WEEKLY BENEFIT SHALL BE EQUAL TO FIFTY PERCENT OF SUCH CLAIM-
 ANT'S  AVERAGE  WEEKLY  WAGE. On the first Monday of September, nineteen
 hundred ninety-eight the weekly benefit amount shall  not  exceed  three
 hundred  sixty-five  dollars  nor  be less than forty dollars, until the
 first Monday of September, two thousand, at which time the maximum bene-
 fit payable pursuant to this subdivision shall  equal  one-half  of  the
 state  average  weekly  wage for covered employment as calculated by the
 department no sooner than July first, two thousand  and  no  later  than
 August  first,  two  thousand, rounded down to the lowest dollar. On and
 after the first Monday of October, two  thousand  fourteen,  the  weekly
 benefit  shall not be less than one hundred dollars, nor shall it exceed
 four hundred twenty dollars until the first Monday of October, two thou-
 sand fifteen when the maximum benefit amount shall be four hundred twen-
 ty-five dollars, until the first Monday of October, two thousand sixteen
 when the maximum benefit amount shall be four  hundred  thirty  dollars,
 until the first Monday of October, two thousand seventeen when the maxi-
 mum  benefit amount shall be four hundred thirty-five dollars, until the
 first Monday of October, two thousand eighteen when the maximum  benefit
 amount  shall  be  four hundred fifty dollars, until the first Monday of
 October, two thousand nineteen when the maximum benefit amount shall  be
 thirty-six  percent of the average weekly wage until the first Monday of
 October, two thousand twenty-five when the maximum benefit amount  shall
 be  eight hundred sixty-nine dollars, until the first Monday of October,
 two thousand twenty-six and each year thereafter on the first Monday  of
 October  when  the  maximum benefit amount shall be fifty percent of the
 average weekly wage provided, however, that in no event shall the  maxi-
 mum benefit amount be reduced from the previous year.
   § 2. This act shall take effect immediately.