Bill Text: NY A00446 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to the calculation of weekly unemployment insurance and the repeal of certain provisions relating thereto.

Spectrum: Moderate Partisan Bill (Democrat 23-4)

Status: (Introduced) 2019-03-12 - reported referred to ways and means [A00446 Detail]

Download: New_York-2019-A00446-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                           446
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced by M. of A. STIRPE -- read once and referred to the Committee
          on Labor
        AN  ACT to amend the labor law, in relation to the calculation of weekly
          employment insurance benefits for  workers  who  are  partially  unem-
          ployed; and repealing certain provisions of such law relating thereto
          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 and partial unemployment. "Total unemploy-
     4  ment" means the total lack of any employment [on  any  day]  during  any
     5  week.  "Partial employment" means any employment during any week that is
     6  less than full-time employment so long as the compensation paid is  less
     7  than  the  claimant's  weekly  benefit  rate plus the claimant's partial
     8  benefit credit. The term "employment" as used in this section means  any
     9  employment including that not defined in this title.
    10    § 2. Section 523 of the labor law is REPEALED and a new section 523 is
    11  added to read as follows:
    12    §  523. Effective week. "Effective week" means (a) a week during which
    13  a claimant performs no services for which the claimant is  paid  compen-
    14  sation,  or  (b)  a  week during which a claimant performs services on a
    15  part-time basis for which the claimant is paid compensation that is less
    16  than the claimant's weekly benefit rate plus his or her partial  benefit
    17  credit.
    18    §  3.  The labor law is amended by adding a new section 525 to read as
    19  follows:
    20    § 525. Partial benefit credit. "Partial  benefit  credit"  means  that
    21  part  of  the compensation, if any, paid to a claimant with respect to a
    22  week for which benefits are claimed under the  provisions  of  this  law
    23  which  is  not  in excess of fifty per centum of the individual's weekly
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00546-01-9

        A. 446                              2
     1  benefit rate, or one hundred dollars, whichever  is  the  greater.  Such
     2  partial  benefit  credit,  if  not  a  multiple  of one dollar, shall be
     3  computed to the next higher multiple of one dollar.
     4    §  4.  Subdivision  4  of  section 527 of the labor law, as amended by
     5  chapter 832 of the laws of 1968 and as renumbered by chapter 381 of  the
     6  laws of 1984, is amended to read as follows:
     7    4.  General  condition.  A valid original claim may be filed only in a
     8  week [in which the claimant has at least one effective day of  unemploy-
     9  ment] that qualifies as an effective week of unemployment for the claim-
    10  ant.
    11    §  5.  Subparagraph 2 of paragraph (e) of subdivision 1 of section 581
    12  of the labor law, as amended by chapter 282 of  the  laws  of  2002  and
    13  clause  (v)  as  added by chapter 106 of the laws of 2007, is amended to
    14  read as follows:
    15    (2) Benefits payable to any claimant with respect  to  the  claimant's
    16  then current benefit year shall be charged, when paid, to the account of
    17  the  last  employer  prior to the filing of a valid original claim in an
    18  amount equal to seven times the  claimant's  benefit  rate.  Thereafter,
    19  such  charges  shall be made to the account of each employer in the base
    20  period used to establish the valid original claim in the same proportion
    21  that the remuneration paid by each employer to the claimant during  that
    22  base  period  bears  to  the  remuneration  paid by all employers to the
    23  claimant during that base period except as provided below:
    24    (i) In those instances where the claimant may not utilize  wages  paid
    25  to  establish  entitlement  based  upon  subdivision ten of section five
    26  hundred ninety of this article and an  educational  institution  is  the
    27  claimant's  last employer prior to the filing of the claim for benefits,
    28  or the claimant performed services in such  educational  institution  in
    29  such  capacity  while employed by an educational service agency which is
    30  the claimant's last employer prior to the filing of the claim for  bene-
    31  fits,  such  employer  shall  not  be liable for benefit charges for the
    32  first [twenty-eight effective days] seven effective  weeks  of  benefits
    33  paid  as  otherwise  provided by this section. Under such circumstances,
    34  benefits paid shall be charged to  the  general  account.  In  addition,
    35  wages  paid  during the base period by such educational institutions, or
    36  for services in such educational institutions for claimants employed  by
    37  an  educational service agency shall not be considered base period wages
    38  during periods that such wages may not be used to  gain  entitlement  to
    39  benefits  pursuant  to subdivision ten of section five hundred ninety of
    40  this article.
    41    (ii) In those instances where the claimant may not utilize wages  paid
    42  to  establish  entitlement based upon subdivision eleven of section five
    43  hundred ninety of this article and an  educational  institution  is  the
    44  claimant's  last employer prior to the filing of the claim for benefits,
    45  or the claimant performed services in such  educational  institution  in
    46  such  capacity  while employed by an educational service agency which is
    47  the claimant's last employer prior to the filing of the claim for  bene-
    48  fits,  such  employer  shall  not  be liable for benefit charges for the
    49  first [twenty-eight effective days] seven effective  weeks  of  benefits
    50  paid  as  otherwise  provided by this section. Under such circumstances,
    51  benefits paid will be charged to the general account. In addition, wages
    52  paid during the base period by such  educational  institutions,  or  for
    53  services  in  such educational institutions for claimants employed by an
    54  educational service agency shall not be  considered  base  period  wages
    55  during  periods  that  such wages may not be used to gain entitlement to
    56  benefits pursuant to subdivision eleven of section five  hundred  ninety

        A. 446                              3
     1  of  this  article.  However, in those instances where a claimant was not
     2  afforded an opportunity to perform services for the educational institu-
     3  tion for the next academic year or term after reasonable  assurance  was
     4  provided,  such employer shall be liable for benefit charges as provided
     5  for in this paragraph for any retroactive payments made to the claimant.
     6    (iii) In those instances where the federal government  is  the  claim-
     7  ant's  last  employer  prior to the filing of the claim for benefits and
     8  such employer is not a base-period employer, payments equaling the first
     9  [twenty-eight effective days]  seven  effective  weeks  of  benefits  as
    10  otherwise  prescribed  by  this  section shall be charged to the general
    11  account. In those instances where the federal government is  the  claim-
    12  ant's  last employer prior to the filing of the claim for benefits and a
    13  base-period employer, such employer shall be liable for charges for  all
    14  benefits paid on such claim in the same proportion that the remuneration
    15  paid  by  such employer during the base period bears to the remuneration
    16  paid by all employers during  the  base  period.  In  addition,  benefit
    17  payment charges for the first [twenty-eight effective days] seven effec-
    18  tive  weeks  of  benefits  other  than  those  chargeable to the federal
    19  government as prescribed above shall be made to the general account.
    20    (iv) In those instances where a combined wage claim is filed  pursuant
    21  to  interstate  reciprocal  agreements  and the claimant's last employer
    22  prior to the filing of the claim is an out-of-state  employer  and  such
    23  employer  is  not  a base-period employer, benefit payments equaling the
    24  first [twenty-eight effective days] seven effective weeks of benefits as
    25  otherwise prescribed by this section shall be  charged  to  the  general
    26  account.  In those instances where the out-of-state employer is the last
    27  employer prior to the filing of the claim for benefits and a base-period
    28  employer such employer shall be liable for charges for all benefits paid
    29  on such claim in the same proportion that the remuneration paid by  such
    30  employer  during  the  base period bears to the remuneration paid by all
    31  employers during the base period. In addition, benefit  payment  charges
    32  for  the [twenty-eight effective days] seven effective weeks of benefits
    33  other than those chargeable to the out-of-state employer  as  prescribed
    34  above shall be made to the general account.
    35    (v)  In those instances where the last employer prior to the filing of
    36  a valid original claim has  paid  total  remuneration  to  the  claimant
    37  during  the  period  from the start of the base period used to establish
    38  the benefit claim until the date of the claimant's filing of  the  valid
    39  original  claim  in an amount less than or equal to six times the claim-
    40  ant's benefit rate and the last employer has substantiated  such  amount
    41  to  the  satisfaction of the commissioner within ten days of the commis-
    42  sioner's original notice of potential charges to  such  last  employer's
    43  account,  benefits  shall be charged as follows: benefits payable to the
    44  claimant with respect to the claimant's then current benefit year  shall
    45  be charged, when paid, to the account of such last employer prior to the
    46  filing  of a valid original claim in an amount equal to the lowest whole
    47  number (one, two, three, four, five, or six) times the claimant's  bene-
    48  fit  rate where the product of such lowest whole number times the claim-
    49  ant's benefit rate is equal to or greater than such  total  remuneration
    50  paid  by  such  last employer to the claimant.  Thereafter, such charges
    51  shall be made to the account of each employer in the base period used to
    52  establish the valid original claim  in  the  same  proportion  that  the
    53  remuneration  paid  by  each  employer  to the claimant during that base
    54  period bears to the remuneration paid by all employers to  the  claimant
    55  during  that  base  period.  Notice  of  such recalculation of potential

        A. 446                              4
     1  charges shall be given to the last employer and  each  employer  of  the
     2  claimant in the base period used to establish the valid original claim.
     3    §  6.  Subdivision  1  of  section 590 of the labor law, as amended by
     4  chapter 645 of the laws of 1951, is amended to read as follows:
     5    1. Entitlement to benefits. A claimant shall be entitled to accumulate
     6  effective [days] weeks for the purpose of benefit rights only if he  has
     7  complied with the provisions of this article regarding the filing of his
     8  claim,  including  the  filing  of a valid original claim, registered as
     9  totally or partially unemployed, reported his subsequent employment  and
    10  unemployment,  and  reported  for  work or otherwise given notice of the
    11  continuance of his unemployment.
    12    § 7. Subdivision 3 of section 590 of the  labor  law,  as  amended  by
    13  chapter 645 of the laws of 1951, is amended to read as follows:
    14    3.  Compensable periods. Benefits shall be paid for each [accumulation
    15  of] effective [days within a] week.
    16    § 8. Subdivision 4 of section 590 of the  labor  law,  as  amended  by
    17  chapter 457 of the laws of 1987, is amended to read as follows:
    18    4. Duration. Benefits shall not be paid [for more than one hundred and
    19  four  effective  days]  in  an  amount greater than twenty-six times the
    20  claimant's weekly benefit rate in any benefit year, except  as  provided
    21  in  section  six hundred one and subdivision two of section five hundred
    22  ninety-nine of this chapter.
    23    § 9. Subdivision 5 of section 590 of  the  labor  law  is  amended  by
    24  adding two new paragraphs (c) and (d) to read as follows:
    25    (c)  Benefit for partial unemployment. Except as provided in paragraph
    26  (d) of this subdivision, any claimant who is partially  unemployed  with
    27  respect to any effective week shall be paid, with respect to such effec-
    28  tive  week, a benefit equal to his weekly benefit rate less the total of
    29  the remuneration, if any, paid or payable to him with  respect  to  such
    30  week  for  services  performed which is in excess of his partial benefit
    31  credit.
    32    (d) Benefit for partial unemployment for certain claimants working one
    33  day in a week. Any claimant who is partially unemployed with respect  to
    34  any  effective  week  but  whose employment is limited to one day during
    35  that effective week and whose remuneration paid or payable to  him  with
    36  respect  to  such  week  for  services performed is less than his weekly
    37  benefit rate shall be paid, with respect to such effective week, a bene-
    38  fit equal to three-quarters of his weekly benefit rate,  or  if  higher,
    39  the benefit calculated pursuant to paragraph (c) of this subdivision.
    40    § 10. Subdivision 6 of section 590 of the labor law, as added by chap-
    41  ter 720 of the laws of 1953 and as renumbered by chapter 675 of the laws
    42  of 1977, is amended to read as follows:
    43    6.  Notification requirement. No effective [day] week shall be counted
    44  for any purposes except effective [days] weeks as to which  notification
    45  has been given in a manner prescribed by the commissioner.
    46    §  11.  Subdivision  7  of section 590 of the labor law, as amended by
    47  chapter 415 of the laws of 1983, is amended to read as follows:
    48    7. Waiting period. A claimant shall  not  be  entitled  to  accumulate
    49  effective  [days] weeks for the purpose of benefit payments until he has
    50  accumulated a waiting period of [four effective days either wholly with-
    51  in the week in which he established his valid original claim  or  partly
    52  within  such  week  and partly within his benefit year initiated by such
    53  claim] one effective week.
    54    § 12. Subdivision 1 of section 591 of the labor  law,  as  amended  by
    55  chapter 413 of the laws of 2003, is amended to read as follows:

        A. 446                              5
     1    1.  Unemployment. Benefits, except as provided in section five hundred
     2  ninety-one-a of this title, shall be paid only  to  a  claimant  who  is
     3  totally  unemployed  or partially unemployed and who is unable to engage
     4  in his usual employment or in any  other  for  which  he  is  reasonably
     5  fitted  by training and experience. A claimant who is receiving benefits
     6  under this article shall not be denied such benefits  pursuant  to  this
     7  subdivision or to subdivision two of this section because of such claim-
     8  ant's  service  on  a  grand or petit jury of any state or of the United
     9  States.
    10    § 13. Subdivision 1 of section 591 of the labor  law,  as  amended  by
    11  chapter 446 of the laws of 1981, is amended to read as follows:
    12    1.  Unemployment.  Benefits  shall  be  paid only to a claimant who is
    13  totally unemployed or partially unemployed and who is unable  to  engage
    14  in  his  usual  employment  or  in  any other for which he is reasonably
    15  fitted by training and experience. A claimant who is receiving  benefits
    16  under  this  article  shall not be denied such benefits pursuant to this
    17  subdivision or to subdivision two of this section because of such claim-
    18  ant's service on a grand or petit jury of any state  or  of  the  United
    19  States.
    20    §  14.  Paragraph (a) of subdivision 3 of section 591 of the labor law
    21  is REPEALED and a new paragraph (a) is added to read as follows:
    22    (a) Compensation paid to a claimant for any day during a paid vacation
    23  period, or for a paid holiday, shall  be  considered  compensation  from
    24  employment.
    25    §  15.  Subparagraph  (i) of paragraph (b) of subdivision 2 of section
    26  591-a of the labor law, as amended by section 14 of part O of chapter 57
    27  of the laws of 2013, is amended to read as follows:
    28    (i) requirements relating to total unemployment and partial  unemploy-
    29  ment,  as  defined  in  section five hundred twenty-two of this article,
    30  availability for work and search for work, as set forth  in  subdivision
    31  two  of  section  five  hundred  ninety-one of this title and refusal to
    32  accept work, as set forth in subdivision two  of  section  five  hundred
    33  ninety-three of this title, are not applicable to such individuals;
    34    §  16.  Subdivision  2  of section 592 of the labor law, as amended by
    35  chapter 415 of the laws of 1983, is amended to read as follows:
    36    2. Concurrent payments prohibited. No [days] weeks of total  unemploy-
    37  ment  or  partial unemployment shall be deemed to occur in any week with
    38  respect to which [or a part of which] a  claimant  has  received  or  is
    39  seeking  unemployment benefits under an unemployment compensation law of
    40  any other state or of the United States, provided  that  this  provision
    41  shall  not apply if the appropriate agency of such other state or of the
    42  United States finally determines that he is not entitled to  such  unem-
    43  ployment benefits.
    44    §  17. Paragraph (a) of subdivision 1 of section 593 of the labor law,
    45  as amended by section 15 of part O of chapter 57 of the laws of 2013, is
    46  amended to read as follows:
    47    (a) No [days] weeks of  total  unemployment  or  partial  unemployment
    48  shall be deemed to occur after a claimant's voluntary separation without
    49  good  cause  from  employment until he or she has subsequently worked in
    50  employment and earned remuneration at least equal to ten  times  his  or
    51  her  weekly benefit rate. In addition to other circumstances that may be
    52  found to constitute good cause, including a compelling family reason  as
    53  set  forth  in  paragraph  (b) of this subdivision, voluntary separation
    54  from employment shall not in itself disqualify  a  claimant  if  circum-
    55  stances  have developed in the course of such employment that would have
    56  justified the claimant in refusing such employment in the first instance

        A. 446                              6
     1  under the terms of subdivision two of this section or if  the  claimant,
     2  pursuant  to  an option provided under a collective bargaining agreement
     3  or written employer plan which permits waiver of his  or  her  right  to
     4  retain  the  employment when there is a temporary layoff because of lack
     5  of work, has elected to be separated for  a  temporary  period  and  the
     6  employer has consented thereto.
     7    §  18.  The  opening  paragraph of subdivision 2 of section 593 of the
     8  labor law, as amended by section 15 of part O of chapter 57 of the  laws
     9  of 2013, is amended to read as follows:
    10    No [days] weeks of total unemployment or partial unemployment shall be
    11  deemed  to  occur  beginning with the [day on] week in which a claimant,
    12  without good cause, refuses to accept an offer of employment  for  which
    13  he  or  she  is  reasonably fitted by training and experience, including
    14  employment not subject to this article, until he or she has subsequently
    15  worked in employment and earned remuneration at least equal to ten times
    16  his or her weekly benefit  rate.  Except  that  claimants  who  are  not
    17  subject to a recall date or who do not obtain employment through a union
    18  hiring  hall  and  who are still unemployed after receiving ten weeks of
    19  benefits shall be required to accept any employment proffered that  such
    20  claimants are capable of performing, provided that such employment would
    21  result  in  a  wage not less than eighty percent of such claimant's high
    22  calendar quarter wages received in the base period and not substantially
    23  less than the prevailing wage  for  similar  work  in  the  locality  as
    24  provided  for in paragraph (d) of this subdivision. No refusal to accept
    25  employment shall be deemed without good cause nor  shall  it  disqualify
    26  any claimant otherwise eligible to receive benefits if:
    27    §  19.  Subdivision  3  of section 593 of the labor law, as amended by
    28  section 15 of part O of chapter 57 of the laws of 2013,  is  amended  to
    29  read as follows:
    30    3.  Misconduct. No [days] weeks of total unemployment or partial unem-
    31  ployment shall be deemed to  occur  after  a  claimant  lost  employment
    32  through  misconduct in connection with his or her employment until he or
    33  she has subsequently worked in employment  and  earned  remuneration  at
    34  least equal to ten times his or her weekly benefit rate.
    35    §  20.  Subdivision  4  of section 593 of the labor law, as amended by
    36  chapter 589 of the laws of 1998, is amended to read as follows:
    37    4. Criminal acts. No [days] weeks of  total  unemployment  or  partial
    38  unemployment  shall  be deemed to occur during a period of twelve months
    39  after a claimant loses employment as a result of an act  constituting  a
    40  felony in connection with such employment, provided the claimant is duly
    41  convicted thereof or has signed a statement admitting that he or she has
    42  committed  such an act.  Determinations regarding a benefit claim may be
    43  reviewed at any time.  Any benefits paid to a claimant prior to a deter-
    44  mination that the claimant has lost employment as a result of  such  act
    45  shall  not  be  considered to have been accepted by the claimant in good
    46  faith. In addition, remuneration paid to the claimant  by  the  affected
    47  employer prior to the claimant's loss of employment due to such criminal
    48  act may not be utilized for the purpose of establishing entitlement to a
    49  subsequent,  valid  original  claim.  The provisions of this subdivision
    50  shall apply even if the employment lost as a result of such act  is  not
    51  the claimant's last employment prior to the filing of his or her claim.
    52    § 21. Subdivisions 1 and 2 of section 594 of the labor law, as amended
    53  by  section  16 of part O of chapter 57 of the laws of 2013, are amended
    54  to read as follows:
    55    (1) A claimant who has wilfully made a false  statement  or  represen-
    56  tation  to obtain any benefit under the provisions of this article shall

        A. 446                              7
     1  forfeit benefits for at least the first [four] one but not more than the
     2  first [eighty] twenty effective [days] weeks following discovery of such
     3  offense for which he or  she  otherwise  would  have  been  entitled  to
     4  receive  benefits.  Such  penalty  shall apply only once with respect to
     5  each such offense.
     6    (2) For the purpose of subdivision four of section five hundred ninety
     7  of this article, the claimant shall be deemed to have received  benefits
     8  for such forfeited effective [days] weeks.
     9    §  22.  Subdivision  1  of section 596 of the labor law, as amended by
    10  chapter 204 of the laws of 1982, is amended to read as follows:
    11    1. Claim filing and certification to unemployment.  A  claimant  shall
    12  file  a  claim for benefits at the local state employment office serving
    13  the area in which he was last employed or in  which  he  resides  within
    14  such  time  and  in  such manner as the commissioner shall prescribe. He
    15  shall disclose whether he owes child support obligations,  as  hereafter
    16  defined.  If a claimant making such disclosure is eligible for benefits,
    17  the commissioner shall notify the state or local child support  enforce-
    18  ment agency, as hereafter defined, that the claimant is eligible.
    19    A  claimant  shall correctly report any [days] weeks of employment and
    20  any compensation he received for such employment, including  employments
    21  not subject to this article, and the [days on] weeks during which he was
    22  totally  unemployed  or partially unemployed and shall make such reports
    23  in accordance with such regulations as the commissioner shall prescribe.
    24    § 23. Subdivision 4 of section 596 of the labor law, as added by chap-
    25  ter 705 of the laws of 1944, as renumbered by section 148-a of part B of
    26  chapter 436 of the laws of 1997 and such section as renumbered by  chap-
    27  ter 663 of the laws of 1946, is amended to read as follows:
    28    4.  Registration  and reporting for work. A claimant shall register as
    29  totally unemployed or partially unemployed at a local  state  employment
    30  office  serving  the  area  in which he was last employed or in which he
    31  resides in accordance with such regulations as  the  commissioner  shall
    32  prescribe.  After so registering, such claimant shall report for work at
    33  the same local state employment office or otherwise give notice  of  the
    34  continuance  of  his  unemployment  as  often  and in such manner as the
    35  commissioner shall prescribe.
    36    § 24. Paragraph (a) of subdivision 2 of section 599 of the labor  law,
    37  as  amended  by  chapter  593 of the laws of 1991, is amended to read as
    38  follows:
    39    (a) Notwithstanding any other provision of this  chapter,  a  claimant
    40  attending  an approved training course or program under this section may
    41  receive additional benefits of  up  to  [one  hundred  four]  twenty-six
    42  effective  [days]  weeks  following  exhaustion  of  regular  and, if in
    43  effect, any other extended benefits, provided that entitlement to a  new
    44  benefit  claim  cannot be established. Certification of continued satis-
    45  factory participation and progress in such training  course  or  program
    46  must  be  submitted to the commissioner prior to the payment of any such
    47  benefits. The duration of such additional  benefits  shall  in  no  case
    48  exceed twice the number of effective [days] weeks of regular benefits to
    49  which  the claimant is entitled at the time the claimant is accepted in,
    50  or demonstrates application for appropriate training.
    51    § 25. The opening paragraph and paragraph  (e)  of  subdivision  2  of
    52  section  601  of  the labor law, as amended by chapter 35 of the laws of
    53  2009, are amended to read as follows:
    54    Extended benefits shall be payable to a claimant for effective  [days]
    55  weeks occurring [in any week] within an eligibility period, provided the
    56  claimant

        A. 446                              8
     1    (e)  is  not  claiming  benefits pursuant to an interstate claim filed
     2  under the interstate benefit payment plan in a state where  an  extended
     3  benefit  period  is  not in effect, except that this condition shall not
     4  apply with respect to the first [eight] two effective [days]  weeks  for
     5  which extended benefits shall otherwise be payable pursuant to an inter-
     6  state claim filed under the interstate benefit payment plan; and
     7    §  26.  Paragraphs  (b) and (c) of subdivision 3 of section 601 of the
     8  labor law, as amended by chapter 35 of the laws of 2009, are amended  to
     9  read as follows:
    10    (b) for not more than [fifty-two] thirteen effective [days] weeks with
    11  respect  to  his  or  her  applicable benefit year, with a total maximum
    12  amount equal to fifty percentum of the total maximum amount  of  regular
    13  benefits payable in such benefit year, and
    14    (c) if a claimant's benefit year ends within an extended benefit peri-
    15  od,  the remaining balance of extended benefits to which he or she would
    16  be entitled, if any, shall be reduced by the number of effective  [days]
    17  weeks  for  which  he  or she was entitled to receive trade readjustment
    18  allowances under the federal trade act of nineteen hundred  seventy-four
    19  during such benefit year, and
    20    §  27.  Subdivision  4  of section 601 of the labor law, as amended by
    21  chapter 35 of the laws of 2009, is amended to read as follows:
    22    4. Charging of extended benefits. The provisions of paragraph  (e)  of
    23  subdivision one of section five hundred eighty-one of this article shall
    24  apply  to  benefits paid pursuant to the provisions of this section, and
    25  if they were paid for effective [days occurring in] weeks following  the
    26  end  of  a  benefit year, they shall be deemed paid with respect to that
    27  benefit year. However, except for governmental entities  as  defined  in
    28  section  five hundred sixty-five and Indian tribes as defined in section
    29  five hundred sixty-six of this article, only one-half of the  amount  of
    30  such  benefits shall be debited to the employers' account; the remainder
    31  thereof shall be debited to the general account, and such account  shall
    32  be credited with the amount of payments received in the fund pursuant to
    33  the  provisions  of the federal-state extended unemployment compensation
    34  act. Notwithstanding the foregoing,  where  the  state  has  entered  an
    35  extended  benefit period triggered pursuant to subparagraph one of para-
    36  graph (a) of subdivision one of  this  section  for  which  federal  law
    37  provides  for  one hundred percent federal sharing of the costs of bene-
    38  fits, all charges shall be debited  to  the  general  account  and  such
    39  account  shall  be  credited with the amount of payments received in the
    40  fund pursuant to the provisions of the federal-state extended  unemploy-
    41  ment  compensation  act  or  other federal law providing for one hundred
    42  percent federal sharing for the cost of such benefits.
    43    § 28. Paragraph (b) of subdivision 5 of section 601 of the labor  law,
    44  as  amended  by  chapter  35  of the laws of 2009, is amended to read as
    45  follows:
    46    (b) No [days] weeks of  total  unemployment  or  partial  unemployment
    47  shall  be  deemed  to  occur  [in any week] within an eligibility period
    48  during which a claimant fails to accept any offer of  suitable  work  or
    49  fails  to apply for suitable work to which he or she was referred by the
    50  commissioner, who shall make such referral if such work is available, or
    51  during which he or she fails to  engage  actively  in  seeking  work  by
    52  making  a  systematic  and sustained effort to obtain work and providing
    53  tangible evidence of such effort, and until he  or  she  has  worked  in
    54  employment during at least four subsequent weeks and earned remuneration
    55  of at least four times his or her benefit rate.

        A. 446                              9
     1    §  29. Paragraph (e) of subdivision 5 of section 601 of the labor law,
     2  as amended by chapter 35 of the laws of 2009,  is  amended  to  read  as
     3  follows:
     4    (e)  No  [days]  weeks  of  total unemployment or partial unemployment
     5  shall be deemed to occur [in any  week]  within  an  eligibility  period
     6  under section five hundred ninety-three of this article, until he or she
     7  has  subsequently  worked  in employment in accordance with the require-
     8  ments set forth in section five hundred ninety-three of this article.
     9    § 30. Section 603 of the labor law, as amended by section 21 of part O
    10  of chapter 57 of the laws of 2013, is amended to read as follows:
    11    § 603. Definitions. For purposes of this title:  "Total  unemployment"
    12  shall mean the total lack of any employment [on any day] during any week
    13  and  "partial  unemployment"  shall  mean any employment during any week
    14  that is less than full-time employment so long as the compensation  paid
    15  is  less  than  the  claimant's  weekly benefit rate plus the claimant's
    16  partial benefit credit, other than  with  an  employer  applying  for  a
    17  shared  work  program.  "Work  force" shall mean the total work force, a
    18  clearly identifiable unit or units thereof, or  a  particular  shift  or
    19  shifts.  The  work  force  subject to reduction shall consist of no less
    20  than two employees.
    21    § 31. This act shall take effect immediately, provided that the amend-
    22  ments to subdivision 1 of section 591 of the labor law made  by  section
    23  twelve  of  this act shall be subject to the expiration and reversion of
    24  such subdivision pursuant to section 10 of chapter 413 of  the  laws  of
    25  2003, as amended, when upon such date the provisions of section thirteen
    26  of  this  act shall take effect; provided further that the amendments to
    27  section 591-a of the labor law made by section fifteen of this act shall
    28  not affect the repeal of such section and shall be deemed repealed ther-
    29  ewith.
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