Senate Bill S9384

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9384
 
                             I N  S E N A T E
 
                               March 6, 2026
                                ___________
 
 Introduced  by  Sen. JACKSON -- 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  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
 S. 9384                             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.