S T A T E O F N E W Y O R K ________________________________________________________________________ 1553 2013-2014 Regular Sessions I N A S S E M B L Y (PREFILED) January 9, 2013 ___________ Introduced by M. of A. KOLB, CORWIN, RABBITT, MONTESANO, MALLIOTAKIS -- read once and referred to the Committee on Labor AN ACT to amend the labor law, in relation to limiting the liability of certain employers for unemployment insurance coverage THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Paragraph (e) of subdivision 1 of section 581 of the labor 2 law is amended by adding a new subparagraph 2-a to read as follows: 3 (2-A) AN EMPLOYER'S ACCOUNT SHALL NOT BE CHARGED, AND THE CHARGES 4 SHALL INSTEAD BE MADE TO THE GENERAL ACCOUNT, FOR BENEFITS PAID TO AN 5 EMPLOYEE WHO VOLUNTARILY SEPARATED FROM EMPLOYMENT AND THE CHARGES ARE 6 ATTRIBUTABLE TO WEEKS OF THE CLAIMANT'S BASE PERIOD OF EMPLOYMENT WITH 7 SUCH EMPLOYER PRIOR TO THE EMPLOYEE'S VOLUNTARY SEPARATION OF EMPLOY- 8 MENT. 9 S 2. Subparagraph 3 of paragraph (e) of subdivision 1 of section 581 10 of the labor law, as amended by chapter 589 of the laws of 1998, is 11 amended to read as follows: 12 (3) An employer's account shall not be charged, and the charges shall 13 instead be made to the general account, for benefits paid to a claimant 14 after the expiration of a period of disqualification from benefits 15 following a final determination that the claimant lost employment with 16 the employer through misconduct [or voluntary separation of employment 17 without good cause within the meaning of section five hundred ninety- 18 three of this article] and the charges are attributable to remuneration 19 paid during the claimant's base period of employment with such employer 20 prior to the claimant's loss of employment with such employer through 21 misconduct [or voluntary separation of employment without good cause]. 22 S 3. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00891-01-3