S T A T E   O F   N E W   Y O R K
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                                         6992
                                   I N  S E N A T E
                                    April 19, 2012
                                      ___________
       Introduced  by Sen. GALLIVAN -- 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 duration of rights  of
         benefits
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 4 of section 590 of the labor law,  as  amended
    2  by chapter 457 of the laws of 1987, is amended to read as follows:
    3    4. Duration. Benefits shall [not be paid for more than one hundred and
    4  four  effective  days in any benefit year, except as provided in section
    5  six hundred one and subdivision two of section five hundred  ninety-nine
    6  of this chapter.] BE LIMITED TO:
    7    (A)  SIXTY-FOUR  EFFECTIVE DAYS IN A BENEFIT YEAR IF THE AVERAGE UNEM-
    8  PLOYMENT RATE OF THE CLAIMANT'S COUNTY OF RESIDENCE IS AT OR BELOW  FIVE
    9  AND  FIVE-TENTHS  OF  A  PER  CENT  AT THE TIME OF THE FILING OF A VALID
   10  ORIGINAL CLAIM.
   11    (B) AN ADDITIONAL FOUR EFFECTIVE DAYS IN ADDITION  TO  THE  SIXTY-FOUR
   12  EFFECTIVE  DAYS  IN  A  BENEFIT YEAR FOR EACH THREE-TENTHS OF A PER CENT
   13  INCREMENT IN THE AVERAGE UNEMPLOYMENT RATE OF THE CLAIMANT'S  COUNTY  OF
   14  RESIDENCE  ABOVE  FIVE  AND FIVE-TENTHS OF A PER CENT AT THE TIME OF THE
   15  FILING OF A VALID ORIGINAL CLAIM.
   16    (C) UP TO A MAXIMUM OF ONE HUNDRED FOUR  DAYS  IN  ANY  BENEFIT  YEAR,
   17  EXCEPT AS PROVIDED IN SECTION SIX HUNDRED ONE OF THIS TITLE AND SUBDIVI-
   18  SION TWO OF SECTION FIVE HUNDRED NINETY-NINE OF THIS TITLE.
   19    (D)  FOR  THE PURPOSES OF THIS SUBDIVISION THE TERM "AVERAGE UNEMPLOY-
   20  MENT RATE OF THE CLAIMANT'S COUNTY OF RESIDENCE" MEANS:
   21    (I) FOR CLAIMANTS RESIDING OUTSIDE THE CITY OF NEW YORK,  THE  AVERAGE
   22  UNEMPLOYMENT  RATE  OF  THE  COUNTY IN WHICH THE CLAIMANT CLAIMS PRIMARY
   23  RESIDENCE FOR THE MOST RECENT THREE MONTHS PRECEDING  THE  FILING  OF  A
   24  VALID  ORIGINAL  CLAIM  AS  CALCULATED  BY  THE  DEPARTMENT, DIVISION OF
   25  RESEARCH AND STATISTICS.
   26    (II) FOR CLAIMANTS RESIDING IN THE CITY OF NEW YORK,  THE  GREATER  OF
   27  SUBPARAGRAPH  (I) OF THIS PARAGRAPH AND THE AVERAGE UNEMPLOYMENT RATE OF
   28  THE CITY OF NEW YORK FOR THE MOST  RECENT  THREE  MONTHS  PRECEDING  THE
   29  FILING  OF A VALID ORIGINAL CLAIM AS CALCULATED BY THE DEPARTMENT, DIVI-
   30  SION OF RESEARCH AND STATISTICS.
   31    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14999-01-2