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SECTION 590
Rights to benefits
Labor (LAB) CHAPTER 31, ARTICLE 18, TITLE 7
§ 590. Rights to benefits. * 1. Entitlement to benefits. A claimant
shall be entitled to accumulate effective days 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 unemployed, reported his
subsequent employment and unemployment, and reported for work or
otherwise given notice of the continuance of his unemployment.

* NB Effective until April 1, 2022 or 30 days after the commissioner
of labor certifies that the department of labor has an information
technology system capable of accomodating these amendments, whichever is
earlier

* 1. Entitlement to benefits. A claimant shall be entitled to
accumulate effective 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.

* NB Effective April 1, 2022 or 30 days after the commissioner of
labor certifies that the department of labor has an information
technology system capable of accomodating these amendments, whichever is
earlier

* 3. Compensable periods. Benefits shall be paid for each accumulation
of effective days within a week.

* NB Effective until April 1, 2022 or 30 days after the commissioner
of labor certifies that the department of labor has an information
technology system capable of accomodating these amendments, whichever is
earlier

* 3. Compensable periods. Benefits shall be paid for each effective
week.

* NB Effective April 1, 2022 or 30 days after the commissioner of
labor certifies that the department of labor has an information
technology system capable of accomodating these amendments, whichever is
earlier

* 4. Duration. Benefits shall not be paid for more than one hundred
and four effective days in any benefit year, except as provided in
section six hundred one and subdivision two of section five hundred
ninety-nine of this chapter.

* NB Effective until April 1, 2022 or 30 days after the commissioner
of labor certifies that the department of labor has an information
technology system capable of accomodating these amendments, whichever is
earlier

* 4. Duration. Benefits shall not be paid 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.

* NB Effective April 1, 2022 or 30 days after the commissioner of
labor certifies that the department of labor has an information
technology system capable of accomodating these amendments, whichever is
earlier

5. Benefit rate. (a) A claimant's weekly benefit amount shall be one
twenty-sixth 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, provided the
claimant has remuneration paid in all four calendar quarters during his
or her base period or alternate base period. However, for any claimant
who has remuneration paid in all four calendar quarters during his or
her 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
weekly benefit shall be one twenty-sixth 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 quarters 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 his or her 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. 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 benefit 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. 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
benefit 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
thousand fifteen when the maximum benefit amount shall be four hundred
twenty-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 maximum 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 when the maximum benefit
amount shall be thirty-eight percent of the average weekly wage, until
the first Monday of October two thousand twenty-one when the maximum
benefit amount shall be forty percent of the average weekly wage, until
the first Monday of October, two thousand twenty-two when the maximum
benefit amount shall be forty-two percent of the average weekly wage,
until the first Monday of October, two thousand twenty-three when the
maximum benefit amount shall be forty-four percent of the average weekly
wage, until the first Monday of October, two thousand twenty-four when
the maximum benefit amount shall be forty-six percent of the average
weekly wage, until the first Monday of October, two thousand twenty-five
when the maximum benefit amount shall be forty-eight percent of the
average weekly wage, 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 maximum benefit
amount be reduced from the previous year.

(b) Notwithstanding the foregoing, the maximum benefit amount shall
not be increased in accordance with the schedule set forth in paragraph
(a) of this subdivision in any year in which the balance of the fund is
determined by the commissioner to not have reached or exceeded thirty
percent of the average high cost multiple, as defined in 20 CFR Part 606
as the standard for receipt of interest-free federal loans, on at least
one day between April first and June thirtieth of the same calendar year
as the increase shall take effect. If, following such suspension of an
increase in the maximum benefit amount, the commissioner shall
determine, on at least one day between April first and June thirtieth
that the balance of the fund is greater than such thirty percent average
high cost multiple, then the maximum benefit amount shall increase to
the percentage for the year previously scheduled to be established
pursuant to paragraph (a) of this subdivision had the increase not been
suspended and increased annually thereafter in accordance with the
schedule set forth in paragraph (a) of this subdivision. In no case
shall such suspension result in a reduction of the maximum benefit
amount to less than the amount provided in the most recent year.

* (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 effective 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.

* NB Effective April 1, 2022 or 30 days after the commissioner of
labor certifies that the department of labor has an information
technology system capable of accomodating these amendments, whichever is
earlier

* (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
benefit equal to three-quarters of his weekly benefit rate, or if
higher, the benefit calculated pursuant to paragraph (c) of this
subdivision.

* NB Effective and Repealed April 1, 2022 or 30 days after the
commissioner of labor certifies that the department of labor has an
information technology system capable of accomodating these amendments,
whichever is earlier

* 6. Notification requirement. No effective day shall be counted for
any purposes except effective days as to which notification has been
given in a manner prescribed by the commissioner.

* NB Effective until April 1, 2022 or 30 days after the commissioner
of labor certifies that the department of labor has an information
technology system capable of accomodating these amendments, whichever is
earlier

* 6. Notification requirement. No effective week shall be counted for
any purposes except effective weeks as to which notification has been
given in a manner prescribed by the commissioner.

* NB Effective April 1, 2022 or 30 days after the commissioner of
labor certifies that the department of labor has an information
technology system capable of accomodating these amendments, whichever is
earlier

* 7. Waiting period. A claimant shall not be entitled to accumulate
effective days for the purpose of benefit payments until he has
accumulated a waiting period of four effective days either wholly within
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.

* NB Effective until April 1, 2022 or 30 days after the commissioner
of labor certifies that the department of labor has an information
technology system capable of accomodating these amendments, whichever is
earlier

* 7. Waiting period. A claimant shall not be entitled to accumulate
effective weeks for the purpose of benefit payments until he has
accumulated a waiting period of one effective week.

* NB Effective April 1, 2022 or 30 days after the commissioner of
labor certifies that the department of labor has an information
technology system capable of accomodating these amendments, whichever is
earlier

8. Benefit payments to professional athletes. If substantially all of
a claimant's employment during his base period is as a participant in
sports or athletic events or in training or preparing to so participate,
no benefits shall be payable for any week commencing during the period
between two successive sports seasons or similar periods, provided there
is a reasonable assurance that the claimant will perform services in
such capacity for both of such seasons or similar periods.

For the purposes of this subdivision, "reasonable assurance" shall
mean a written contract that the claimant will perform services in the
same capacity during the ensuing sports season or similar period or a
claimant's offering of services in the successive season or similar
period and an interest by an employer in employing him.

9. Benefits based on employment performed by illegal aliens. (a)
Remuneration received by a claimant who was an alien at the time such
remuneration was paid shall not be taken into consideration for the
purpose of establishing rights to benefits under this article unless the
claimant was then lawfully admitted for permanent residence in the
United States, was then lawfully present for purposes of performing such
services or was then permanently residing in the United States under
color of law, including a claimant lawfully present pursuant to section
207 or 208 of the federal immigration and nationality act.

(b) A determination that benefits are not payable to a claimant
because of the claimant's alien status shall be made only upon a
preponderance of the evidence, and shall be effective only if it is in
conformity with section 3304 (a) (14) of the federal unemployment tax
act.

(c) Any data or information required of a claimant to determine
whether benefits are not payable to him because of his alien status
shall be uniformly required from all claimants.

(d) An alien who is not eligible under 8 USC 1621(a) shall be eligible
for benefits, provided such alien is eligible for benefits under the
provisions of this article and section 3304 (a) (14) of the federal
unemployment tax act.

10. Benefits based on professional employment with educational
institutions, including the state university of New York, the city
university of New York and any public community colleges. If a claimant
was employed in an instructional, research, or principal administrative
capacity by an institution of education, including the state university
of New York, the city university of New York and any public community
colleges, or performed services in such an institution in such capacity
while employed by an educational service agency, the following shall
apply to any week commencing during the period between two successive
academic years or terms, or during a similar period between two regular
but not successive terms when the contract provides therefor instead,
provided the claimant has a contract to perform, or there is a
reasonable assurance that the claimant will perform, services in such
capacity for any such institution or institutions for both of such
academic years or such terms, and to any week commencing during an
established and customary vacation period or holiday recess, not between
such academic terms or years, provided the claimant performed services
for such institution immediately before such vacation period or holiday
recess and there is a reasonable assurance that the claimant will
perform any services described in this subdivision or subdivision eleven
of this section in the period immediately following such vacation period
or holiday recess:

(a) In the case of a claimant who has no current benefit year, whether
the claimant meets the conditions of section five hundred twenty-seven
in any such week shall be determined by disregarding the remuneration
paid for such employment.

(b) In the case of a claimant who does have a current benefit year, no
benefits shall be payable with respect to any such week provided the
claimant would not have met the conditions of section five hundred
twenty-seven in the week in which the claimant filed a valid original
claim if the remuneration paid for such employment is disregarded.

(c) The benefit rate of a claimant with respect to any such week shall
be determined or redetermined by disregarding the remuneration paid for
such employment.

"Educational service agency" means a governmental agency or
governmental entity or Indian tribal entity which is established and
operated exclusively for the purpose of providing to one or more
educational institutions services mentioned under this subdivision or
subdivision eleven of this section.

For purposes of this subdivision or subdivision eleven of this
section, "educational institution" shall include any not-for-profit
community art school which is chartered as a school by the board of
regents of the university of state of New York.

11. Benefits based on non-professional employment with certain
educational institutions. If a claimant was employed in other than an
instructional, research or principal administrative capacity by an
educational institution, or performed services in such an institution in
such capacity while employed by an educational service agency, the
following shall apply to any week commencing during the period between
two successive academic years or terms provided there is a reasonable
assurance that the claimant will perform services in such capacity for
any such institution or institutions for both of such academic years or
terms, and to any week commencing during an established and customary
vacation period or holiday recess, not between such academic terms or
years, provided the claimant performed services for such institution
immediately before such vacation period or holiday recess and there is a
reasonable assurance that the claimant will perform any services
described in this subdivision or subdivision ten of this section in the
period immediately following such vacation period or holiday recess:

(a) In the case of a claimant who has no current benefit year, whether
the claimant meets the conditions of section five hundred twenty-seven
in any such week shall be determined by disregarding the remuneration
paid for such employment.

(b) In the case of a claimant who does have a current benefit year, no
benefits shall be payable with respect to any such week provided the
claimant would not have met the conditions of section five hundred
twenty-seven in the week in which the claimant filed a valid original
claim if the remuneration paid for such employment is disregarded.

(c) The benefit rate of a claimant with respect to any such week shall
be determined or redetermined by disregarding the remuneration paid for
such employment.

(d) Notwithstanding the foregoing provisions of this subdivision, a
claimant who was not offered an opportunity to perform services for the
educational institution for the second of such academic years or terms
shall be entitled to be paid benefits retroactively for each week for
which the claimant filed a timely claim for benefits and for which
benefits were denied solely by reason of this subdivision.

"Educational service agency" means a governmental agency or
governmental entity or Indian tribal entity which is established and
operated exclusively for the purpose of providing to one or more
educational institutions services mentioned under this subdivision or
subdivision ten of this section.

12. An individual claimant who has received a determination of
entitlement pursuant to section five hundred twenty-seven of this
article may request the commissioner to reconsider the benefit rate to
which such claimant is entitled under the following circumstances:

(a)(1) the claimant filed a valid original claim pursuant to
subdivision one or two of section five hundred twenty-seven of this
article or, in the event the claimant exercised his or her right to
apply to the commissioner to determine his or her benefits pursuant to
paragraph (b) of subdivision two of such section, the claimant selected
the base period to be utilized; and

(2) after the establishment of the base period to utilize pursuant to
subparagraph one of this paragraph, and within ten days of the date of
the mailing of the determination of the benefit rate to which the
claimant is entitled for such base period by the commissioner, the
claimant produces proof satisfactory to the commissioner and consistent
with wage data contained in the statewide wage reporting system
maintained by the department of taxation and finance or, in the
commissioner's sole discretion, sufficient to warrant its use in the
event that it is inconsistent with such wage data, that he or she has at
least twenty weeks of employment, as defined in section five hundred
twenty-four of this chapter, in such established base period. Such proof
shall include paycheck stubs, payroll envelopes, or cancelled checks.

(b) in the event that a claimant submits a request for reconsideration
of the benefit rate to the commissioner pursuant to paragraph (a) of
this subdivision, and one-half of the average weekly wage of all wages
paid for all weeks of employment for which proof satisfactory to the
commissioner was submitted pursuant to subparagraph two of paragraph (a)
of this subdivision during the established base period referenced in
such paragraph is at least five dollars more than the weekly benefit
amount calculated pursuant to subdivision five of this section, the
commissioner shall determine the claimant's benefit rate to be such
amount, but in no event shall such amount be more than the maximum
benefit rate in effect pursuant to subdivision five of this section.