Bill Text: NY A00333 | 2019-2020 | General Assembly | Introduced


Bill Title: Provides for eligibility for unemployment insurance benefits for part-time municipal elected officials who lose their primary income; provides claimant would receive benefits which equal the difference between the weekly benefit amount and the weekly earnings from his/her weekly salary as an elected official.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2020-01-08 - referred to labor [A00333 Detail]

Download: New_York-2019-A00333-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                           333
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced by M. of A. PAULIN, CAHILL, GALEF -- Multi-Sponsored by -- M.
          of  A.  LIFTON,  RIVERA  -- read once and referred to the Committee on
          Labor
        AN ACT to amend the labor law, in  relation  to  providing  unemployment
          insurance benefits to certain part-time elected officials
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 522 of the labor law, as amended by chapter 720  of
     2  the laws of 1953, is amended to read as follows:
     3    §  522.  Total unemployment. "Total unemployment" means the total lack
     4  of any employment on any day. The term  "employment"  as  used  in  this
     5  section  means  any  employment including that not defined in this title
     6  but shall  not  include  service  as  an  elected  county  or  municipal
     7  official.
     8    §  2.  Subdivision  1  of  section 591 of the labor law, as amended by
     9  chapter 413 of the laws of 2003, is amended to read as follows:
    10    1. Unemployment. Benefits, except as provided in section five  hundred
    11  ninety-one-a  of  this  title,  shall  be paid only to a claimant who is
    12  totally unemployed and who is unable to  engage  in  his  or  her  usual
    13  employment  or  in any other for which he or she is reasonably fitted by
    14  training and experience. A claimant who is receiving benefits under this
    15  article shall not be denied such benefits pursuant to  this  subdivision
    16  or to subdivision two of this section because of such claimant's service
    17  on  a  grand  or petit jury of any state or of the United States or such
    18  claimant's service as an elected county or municipal official; provided,
    19  however that such claimant's pay for service as  an  elected  county  or
    20  municipal  official  is  less than the product of the minimum wage times
    21  two thousand hours per year. Such claimant serving as an elected  county
    22  or  municipal  official  while receiving unemployment insurance benefits
    23  shall only receive the amount of the difference between the weekly bene-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03696-01-9

        A. 333                              2
     1  fit amount and the amount of weekly earnings from  such  elected  public
     2  service.
     3    §  3.  Subdivision  1  of  section 591 of the labor law, as amended by
     4  chapter 446 of the laws of 1981, is amended to read as follows:
     5    1. Unemployment. Benefits shall be paid only  to  a  claimant  who  is
     6  totally  unemployed  and  who  is  unable  to engage in his or her usual
     7  employment or in any other for which he or she is reasonably  fitted  by
     8  training and experience. A claimant who is receiving benefits under this
     9  article  shall  not be denied such benefits pursuant to this subdivision
    10  or to subdivision two of this section because of such claimant's service
    11  on a grand or petit jury of any state or of the United  States  or  such
    12  claimant's service as an elected county or municipal official; provided,
    13  however  that  such  claimant's  pay for service as an elected county or
    14  municipal official is less than the product of the  minimum  wage  times
    15  two  thousand hours per year. Such claimant serving as an elected county
    16  or municipal official while receiving  unemployment  insurance  benefits
    17  shall only receive the amount of the difference between the weekly bene-
    18  fit  amount  and  the amount of weekly earnings from such elected public
    19  service.
    20    § 4. This act shall take effect immediately, provided,  however,  that
    21  the  amendments to subdivision 1 of section 591 of the labor law made by
    22  section two of this act shall be subject to the expiration and reversion
    23  of such subdivision pursuant to section 10 of chapter 413 of the laws of
    24  2003, as amended, when upon such date the provisions of section three of
    25  this act shall take effect.
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