S T A T E O F N E W Y O R K ________________________________________________________________________ 1973--A 2011-2012 Regular Sessions I N A S S E M B L Y January 12, 2011 ___________ Introduced by M. of A. LANCMAN -- read once and referred to the Commit- tee on Labor -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the labor law, in relation to the calculation of weekly unemployment insurance benefits for workers who are partially unem- ployed; and to repeal 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. This act shall be known and may be cited as the "unemploy- 2 ment insurance reform act". 3 S 2. Section 522 of the labor law, as amended by chapter 720 of the 4 laws of 1953, is amended to read as follows: 5 S 522. Total unemployment AND PARTIAL UNEMPLOYMENT. "Total unemploy- 6 ment" means the total lack of any employment [on any day] DURING ANY 7 WEEK. "PARTIAL UNEMPLOYMENT" MEANS ANY EMPLOYMENT DURING ANY WEEK THAT 8 IS LESS THAN FULL-TIME EMPLOYMENT SO LONG AS THE COMPENSATION PAID IS 9 LESS THAN THE CLAIMANT'S WEEKLY BENEFIT RATE PLUS THE CLAIMANT'S PARTIAL 10 BENEFIT CREDIT. The term "employment" as used in this section means any 11 employment including that not defined in this title. 12 S 3. Section 523 of the labor law is REPEALED and a new section 523 is 13 added to read as follows: 14 S 523. EFFECTIVE WEEK. "EFFECTIVE WEEK" MEANS (A) A WEEK DURING WHICH 15 A CLAIMANT PERFORMS NO SERVICES FOR WHICH THE CLAIMANT IS PAID COMPEN- 16 SATION, OR (B) A WEEK DURING WHICH A CLAIMANT PERFORMS SERVICES ON A 17 PART-TIME BASIS FOR WHICH THE CLAIMANT IS PAID COMPENSATION THAT IS LESS 18 THAN THE CLAIMANT'S WEEKLY BENEFIT RATE PLUS HIS OR HER PARTIAL BENEFIT 19 CREDIT. 20 S 4. The labor law is amended by adding a new section 514-a to read as 21 follows: 22 S 514-A. PARTIAL BENEFIT CREDIT. "PARTIAL BENEFIT CREDIT" MEANS THAT 23 PART OF THE COMPENSATION, IF ANY, PAID TO A CLAIMANT WITH RESPECT TO A EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04128-02-1 A. 1973--A 2 1 WEEK FOR WHICH BENEFITS ARE CLAIMED UNDER THE PROVISIONS OF THIS CHAPTER 2 WHICH IS NOT IN EXCESS OF FIFTY PER CENTUM OF THE INDIVIDUAL'S WEEKLY 3 BENEFIT RATE, OR SEVENTY-TWO DOLLARS AND FIFTY CENTS, WHICHEVER IS THE 4 GREATER. SUCH PARTIAL BENEFIT CREDIT, IF NOT A MULTIPLE OF ONE DOLLAR, 5 SHALL BE COMPUTED TO THE NEXT HIGHER MULTIPLE OF ONE DOLLAR. 6 S 5. Subdivision 4 of section 527 of the labor law, as amended by 7 chapter 832 of the laws of 1968 and as renumbered by chapter 381 of the 8 laws of 1984, is amended to read as follows: 9 4. General condition. A valid original claim may be filed only in a 10 week [in which the claimant has at least one effective day of unemploy- 11 ment] THAT QUALIFIES AS AN EFFECTIVE WEEK OF UNEMPLOYMENT FOR THE CLAIM- 12 ANT. 13 S 6. Subparagraph 2 of paragraph (e) of subdivision 1 of section 581 14 of the labor law, as amended by chapter 282 of the laws of 2002, clause 15 (v) as added by chapter 106 of the laws of 2007, is amended to read as 16 follows: 17 (2) Benefits payable to any claimant with respect to the claimant's 18 then current benefit year shall be charged, when paid, to the account of 19 the last employer prior to the filing of a valid original claim in an 20 amount equal to seven times the claimant's benefit rate. Thereafter, 21 such charges shall be made to the account of each employer in the base 22 period used to establish the valid original claim in the same proportion 23 that the remuneration paid by each employer to the claimant during that 24 base period bears to the remuneration paid by all employers to the 25 claimant during that base period except as provided below: 26 (i) In those instances where the claimant may not utilize wages paid 27 to establish entitlement based upon subdivision ten of section five 28 hundred ninety of this article and an educational institution is the 29 claimant's last employer prior to the filing of the claim for benefits, 30 or the claimant performed services in such educational institution in 31 such capacity while employed by an educational service agency which is 32 the claimant's last employer prior to the filing of the claim for bene- 33 fits, such employer shall not be liable for benefit charges for the 34 first [twenty-eight effective days] SEVEN EFFECTIVE WEEKS of benefits 35 paid as otherwise provided by this section. Under such circumstances, 36 benefits paid shall be charged to the general account. In addition, 37 wages paid during the base period by such educational institutions, or 38 for services in such educational institutions for claimants employed by 39 an educational service agency shall not be considered base period wages 40 during periods that such wages may not be used to gain entitlement to 41 benefits pursuant to subdivision ten of section five hundred ninety of 42 this article. 43 (ii) In those instances where the claimant may not utilize wages paid 44 to establish entitlement based upon subdivision eleven of section five 45 hundred ninety of this article and an educational institution is the 46 claimant's last employer prior to the filing of the claim for benefits, 47 or the claimant performed services in such educational institution in 48 such capacity while employed by an educational service agency which is 49 the claimant's last employer prior to the filing of the claim for bene- 50 fits, such employer shall not be liable for benefit charges for the 51 first [twenty-eight effective days] SEVEN EFFECTIVE WEEKS of benefits 52 paid as otherwise provided by this section. Under such circumstances, 53 benefits paid will be charged to the general account. In addition, wages 54 paid during the base period by such educational institutions, or for 55 services in such educational institutions for claimants employed by an 56 educational service agency shall not be considered base period wages A. 1973--A 3 1 during periods that such wages may not be used to gain entitlement to 2 benefits pursuant to subdivision eleven of section five hundred ninety 3 of this article. However, in those instances where a claimant was not 4 afforded an opportunity to perform services for the educational institu- 5 tion for the next academic year or term after reasonable assurance was 6 provided, such employer shall be liable for benefit charges as provided 7 for in this paragraph for any retroactive payments made to the claimant. 8 (iii) In those instances where the federal government is the claim- 9 ant's last employer prior to the filing of the claim for benefits and 10 such employer is not a base-period employer, payments equaling the first 11 [twenty-eight effective days] SEVEN EFFECTIVE WEEKS of benefits as 12 otherwise prescribed by this section shall be charged to the general 13 account. In those instances where the federal government is the claim- 14 ant's last employer prior to the filing of the claim for benefits and a 15 base-period employer, such employer shall be liable for charges for all 16 benefits paid on such claim in the same proportion that the remuneration 17 paid by such employer during the base period bears to the remuneration 18 paid by all employers during the base period. In addition, benefit 19 payment charges for the first [twenty-eight effective days] SEVEN EFFEC- 20 TIVE WEEKS of benefits other than those chargeable to the federal 21 government as prescribed above shall be made to the general account. 22 (iv) In those instances where a combined wage claim is filed pursuant 23 to interstate reciprocal agreements and the claimant's last employer 24 prior to the filing of the claim is an out-of-state employer and such 25 employer is not a base-period employer, benefit payments equaling the 26 first [twenty-eight effective days] SEVEN EFFECTIVE WEEKS of benefits as 27 otherwise prescribed by this section shall be charged to the general 28 account. In those instances where the out-of-state employer is the last 29 employer prior to the filing of the claim for benefits and a base-period 30 employer such employer shall be liable for charges for all benefits paid 31 on such claim in the same proportion that the remuneration paid by such 32 employer during the base period bears to the remuneration paid by all 33 employers during the base period. In addition, benefit payment charges 34 for the [twenty-eight effective days] SEVEN EFFECTIVE WEEKS of benefits 35 other than those chargeable to the out-of-state employer as prescribed 36 above shall be made to the general account. 37 (v) In those instances where the last employer prior to the filing of 38 a valid original claim has paid total remuneration to the claimant 39 during the period from the start of the base period used to establish 40 the benefit claim until the date of the claimant's filing of the valid 41 original claim in an amount less than or equal to six times the claim- 42 ant's benefit rate and the last employer has substantiated such amount 43 to the satisfaction of the commissioner within ten days of the commis- 44 sioner's original notice of potential charges to such last employer's 45 account, benefits shall be charged as follows: benefits payable to the 46 claimant with respect to the claimant's then current benefit year shall 47 be charged, when paid, to the account of such last employer prior to the 48 filing of a valid original claim in an amount equal to the lowest whole 49 number (one, two, three, four, five, or six) times the claimant's bene- 50 fit rate where the product of such lowest whole number times the claim- 51 ant's benefit rate is equal to or greater than such total remuneration 52 paid by such last employer to the claimant. Thereafter, such charges 53 shall be made to the account of each employer in the base period used to 54 establish the valid original claim in the same proportion that the 55 remuneration paid by each employer to the claimant during that base 56 period bears to the remuneration paid by all employers to the claimant A. 1973--A 4 1 during that base period. Notice of such recalculation of potential 2 charges shall be given to the last employer and each employer of the 3 claimant in the base period used to establish the valid original claim. 4 S 7. Subdivision 1 of section 590 of the labor law, as amended by 5 chapter 645 of the laws of 1951, is amended to read as follows: 6 1. Entitlement to benefits. A claimant shall be entitled to accumulate 7 effective [days] WEEKS for the purpose of benefit rights only if he OR 8 SHE has complied with the provisions of this article regarding the 9 filing of his OR HER claim, including the filing of a valid original 10 claim, registered as totally OR PARTIALLY unemployed, reported his OR 11 HER subsequent employment and unemployment, and reported for work or 12 otherwise given notice of the continuance of his OR HER unemployment. 13 S 8. Subdivision 3 of section 590 of the labor law, as amended by 14 chapter 645 of the laws of 1951, is amended to read as follows: 15 3. Compensable periods. Benefits shall be paid for each [accumulation 16 of] effective [days within a] week. 17 S 9. Subdivision 4 of section 590 of the labor law, as amended by 18 chapter 457 of the laws of 1987, is amended to read as follows: 19 4. Duration. Benefits shall not be paid for more than [one hundred and 20 four effective days] TWENTY-SIX EFFECTIVE WEEKS in any benefit year, 21 except as provided in section six hundred one and subdivision two of 22 section five hundred ninety-nine of this chapter. 23 S 10. Subdivision 5 of section 590 of the labor law, as amended by 24 chapter 413 of the laws of 2003, is amended to read as follows: 25 5. Benefit rate. A claimant's weekly benefit amount shall be one twen- 26 ty-sixth of the remuneration paid during the highest calendar quarter of 27 the base period by employers, liable for contributions or payments in 28 lieu of contributions under this article. However, for claimants whose 29 high calendar quarter remuneration during the base period is three thou- 30 sand five hundred seventy-five dollars or less, the benefit amount shall 31 be one twenty-fifth of the remuneration paid during the highest calendar 32 quarter of the base period by employers liable for contributions or 33 payments in lieu of contributions under this article. ANY CLAIMANT WHO 34 IS PARTIALLY UNEMPLOYED WITH RESPECT TO ANY EFFECTIVE WEEK SHALL BE 35 PAID, WITH RESPECT TO SUCH EFFECTIVE WEEK, A BENEFIT AMOUNT EQUAL TO HIS 36 OR HER WEEKLY BENEFIT AMOUNT LESS THE TOTAL OF THE REMUNERATION, IF ANY, 37 PAID OR PAYABLE TO HIM OR HER WITH RESPECT TO SUCH WEEK FOR SERVICES 38 PERFORMED WHICH IS IN EXCESS OF HIS OR HER PARTIAL BENEFIT CREDIT. 39 HOWEVER, ANY CLAIMANT WHO IS PARTIALLY UNEMPLOYED WITH RESPECT TO ANY 40 EFFECTIVE WEEK BUT WHOSE EMPLOYMENT IS LIMITED TO ONE DAY DURING THAT 41 EFFECTIVE WEEK AND WHOSE REMUNERATION PAID OR PAYABLE TO HIM OR HER WITH 42 RESPECT TO SUCH WEEK FOR SERVICES PERFORMED IS EQUAL TO OR GREATER THAN 43 THREE HUNDRED TWO DOLLARS, SHALL BE PAID, WITH RESPECT TO SUCH EFFECTIVE 44 WEEK, A BENEFIT AMOUNT EQUAL TO THREE-QUARTERS OF HIS OR HER WEEKLY 45 BENEFIT AMOUNT, IF AND ONLY IF THAT AMOUNT IS GREATER THAN WHAT THE 46 CLAIMANT WOULD HAVE RECEIVED HAD HIS OR HER BENEFIT AMOUNT BEEN COMPUTED 47 AS THE WEEKLY BENEFIT AMOUNT LESS THE TOTAL OF THE REMUNERATION, IF ANY, 48 PAID OR PAYABLE TO HIM OR HER WITH RESPECT TO SUCH WEEK FOR SERVICES 49 PERFORMED WHICH IS IN EXCESS OF HIS OR HER PARTIAL BENEFIT CREDIT. Any 50 claimant whose high calendar quarter remuneration during the base period 51 is more than three thousand five hundred seventy-five dollars shall not 52 have a weekly benefit amount less than one hundred forty-three dollars. 53 The weekly benefit amount, so computed, that is not a multiple of one 54 dollar shall be lowered to the next multiple of one dollar. On the first 55 Monday of September, nineteen hundred ninety-eight the weekly benefit 56 amount shall not exceed three hundred sixty-five dollars nor be less A. 1973--A 5 1 than forty dollars, until the first Monday of September, two thousand, 2 at which time the maximum benefit payable pursuant to this subdivision 3 shall equal one-half of the state average weekly wage for covered 4 employment as calculated by the department no sooner than July first, 5 two thousand and no later than August first, two thousand, rounded down 6 to the lowest dollar. 7 S 11. Subdivision 6 of section 590 of the labor law, as added by chap- 8 ter 720 of the laws of 1953 and as renumbered by chapter 675 of the laws 9 of 1977, is amended to read as follows: 10 6. Notification requirement. No effective [day] WEEK shall be counted 11 for any purposes except effective [days] WEEKS as to which notification 12 has been given in a manner prescribed by the commissioner. 13 S 12. Subdivision 7 of section 590 of the labor law, as amended by 14 chapter 415 of the laws of 1983, is amended to read as follows: 15 7. Waiting period. A claimant shall not be entitled to accumulate 16 effective [days] WEEKS for the purpose of benefit payments until he OR 17 SHE has accumulated a waiting period of [four effective days either 18 wholly within the week in which he established his valid original claim 19 or partly within such week and partly within his benefit year initiated 20 by such claim] ONE EFFECTIVE WEEK. 21 S 13. Subdivision 1 of section 591 of the labor law, as amended by 22 chapter 413 of the laws of 2003, is amended to read as follows: 23 1. Unemployment. Benefits, except as provided in section five hundred 24 ninety-one-a of this title, shall be paid only to a claimant who is 25 totally unemployed OR PARTIALLY UNEMPLOYED and who is unable to engage 26 in his OR HER usual employment or in any other for which he OR SHE is 27 reasonably fitted by training and experience. A claimant who is receiv- 28 ing benefits under this article shall not be denied such benefits pursu- 29 ant to this subdivision or to subdivision two of this section because of 30 such claimant's service on a grand or petit jury of any state or of the 31 United States. 32 S 14. Subdivision 1 of section 591 of the labor law, as amended by 33 chapter 446 of the laws of 1981, is amended to read as follows: 34 1. Unemployment. Benefits shall be paid only to a claimant who is 35 totally unemployed OR PARTIALLY UNEMPLOYED and who is unable to engage 36 in his OR HER usual employment or in any other for which he OR SHE is 37 reasonably fitted by training and experience. A claimant who is receiv- 38 ing benefits under this article shall not be denied such benefits pursu- 39 ant to this subdivision or to subdivision two of this section because of 40 such claimant's service on a grand or petit jury of any state or of the 41 United States. 42 S 15. Subparagraph (i) of paragraph (b) of subdivision 2 of section 43 591-a of the labor law, as added by chapter 413 of the laws of 2003, is 44 amended to read as follows: 45 (i) requirements relating to total unemployment AND PARTIAL UNEMPLOY- 46 MENT, as defined in section five hundred twenty-two of this article, 47 availability for work, as set forth in subdivision two of section five 48 hundred ninety-one of this title and refusal to accept work, as set 49 forth in subdivision two of section five hundred ninety-three of this 50 title, are not applicable to such individuals; 51 S 16. Subdivision 2 of section 592 of the labor law, as amended by 52 chapter 415 of the laws of 1983, is amended to read as follows: 53 2. Concurrent payments prohibited. No [days] WEEKS of total unemploy- 54 ment OR PARTIAL UNEMPLOYMENT shall be deemed to occur in any week with 55 respect to which [or a part of which] a claimant has received or is 56 seeking unemployment benefits under an unemployment compensation law of A. 1973--A 6 1 any other state or of the United States, provided that this provision 2 shall not apply if the appropriate agency of such other state or of the 3 United States finally determines that he OR SHE is not entitled to such 4 unemployment benefits. 5 S 17. Paragraph (a) of subdivision 1 of section 593 of the labor law, 6 as amended by chapter 35 of the laws of 2009, is amended to read as 7 follows: 8 (a) No [days] WEEKS of total unemployment OR PARTIAL UNEMPLOYMENT 9 shall be deemed to occur after a claimant's voluntary separation without 10 good cause from employment until he or she has subsequently worked in 11 employment and earned remuneration at least equal to five times his or 12 her weekly benefit rate. In addition to other circumstances that may be 13 found to constitute good cause, including a compelling family reason as 14 set forth in paragraph (b) of this subdivision, voluntary separation 15 from employment shall not in itself disqualify a claimant if circum- 16 stances have developed in the course of such employment that would have 17 justified the claimant in refusing such employment in the first instance 18 under the terms of subdivision two of this section or if the claimant, 19 pursuant to an option provided under a collective bargaining agreement 20 or written employer plan which permits waiver of his OR HER right to 21 retain the employment when there is a temporary layoff because of lack 22 of work, has elected to be separated for a temporary period and the 23 employer has consented thereto. 24 S 18. Subdivision 2 of section 593 of the labor law, as amended by 25 chapter 415 of the laws of 1983, the opening paragraph as amended by 26 chapter 5 of the laws of 2000, paragraph (a) as added by chapter 589 of 27 the laws of 1998 and paragraphs (d) and (e) as amended by chapter 35 of 28 the laws of 2009, is amended to read as follows: 29 2. Refusal of employment. No [days] WEEKS of total unemployment OR 30 PARTIAL UNEMPLOYMENT shall be deemed to occur beginning with the [day 31 on] WEEK IN which a claimant, without good cause, refuses to accept an 32 offer of employment for which he OR SHE is reasonably fitted by training 33 and experience, including employment not subject to this article, until 34 he has subsequently worked in employment and earned remuneration at 35 least equal to five times his or her weekly benefit rate. Except that 36 claimants who are not subject to a recall date or who do not obtain 37 employment through a union hiring hall and who are still unemployed 38 after receiving thirteen weeks of benefits shall be required to accept 39 any employment proffered that such claimants are capable of performing, 40 provided that such employment would result in a wage not less than 41 eighty percent of such claimant's high calendar quarter wages received 42 in the base period and not substantially less than the prevailing wage 43 for similar work in the locality as provided for in paragraph (d) of 44 this subdivision. No refusal to accept employment shall be deemed with- 45 out good cause nor shall it disqualify any claimant otherwise eligible 46 to receive benefits if: 47 (a) a refusal to accept employment which would interfere with a claim- 48 ant's right to join or retain membership in any labor organization or 49 otherwise interfere with or violate the terms of a collective bargaining 50 agreement shall be with good cause; 51 (b) there is a strike, lockout, or other industrial controversy in the 52 establishment in which the employment is offered; or 53 (c) the employment is at an unreasonable distance from his OR HER 54 residence, or travel to and from the place of employment involves 55 expense substantially greater than that required in his OR HER former 56 employment unless the expense be provided for; or A. 1973--A 7 1 (d) the wages or compensation or hours or conditions offered are 2 substantially less favorable to the claimant than those prevailing for 3 similar work in the locality, or are such as tend to depress wages or 4 working conditions; or 5 (e) the claimant is seeking part-time work as provided in subdivision 6 five of section five hundred ninety-six of this title and the offer of 7 employment is not comparable to his or her part-time work as defined in 8 such subdivision. 9 S 19. Subdivision 3 of section 593 of the labor law, as amended by 10 chapter 589 of the laws of 1998, is amended to read as follows: 11 3. Misconduct. No [days] WEEKS of total unemployment OR PARTIAL UNEM- 12 PLOYMENT shall be deemed to occur after a claimant lost employment 13 through misconduct in connection with his or her employment until he or 14 she has subsequently worked in employment and earned remuneration at 15 least equal to five times his or her weekly benefit rate. 16 S 20. Subdivision 4 of section 593 of the labor law, as amended by 17 chapter 589 of the laws of 1998, is amended to read as follows: 18 4. Criminal acts. No [days] WEEKS of total unemployment OR PARTIAL 19 UNEMPLOYMENT shall be deemed to occur during a period of twelve months 20 after a claimant loses employment as a result of an act constituting a 21 felony in connection with such employment, provided the claimant is duly 22 convicted thereof or has signed a statement admitting that he or she has 23 committed such an act. Determinations regarding a benefit claim may be 24 reviewed at any time. Any benefits paid to a claimant prior to a deter- 25 mination that the claimant has lost employment as a result of such act 26 shall not be considered to have been accepted by the claimant in good 27 faith. In addition, remuneration paid to the claimant by the affected 28 employer prior to the claimant's loss of employment due to such criminal 29 act may not be utilized for the purpose of establishing entitlement to a 30 subsequent, valid original claim. The provisions of this subdivision 31 shall apply even if the employment lost as a result of such act is not 32 the claimant's last employment prior to the filing of his or her claim. 33 S 21. Section 594 of the labor law, as amended by chapter 728 of the 34 laws of 1952, the opening paragraph as amended by chapter 139 of the 35 laws of 1968, is amended to read as follows: 36 S 594. Reduction of benefits for false statement. A claimant who has 37 wilfully made a false statement or representation to obtain any benefit 38 under the provisions of this article shall forfeit benefits for at least 39 the first [four] ONE but not more than the first [eighty] TWENTY effec- 40 tive [days] WEEKS following discovery of such offense for which he 41 otherwise would have been entitled to receive benefits. Such penalty 42 shall apply only once with respect to each such offense. 43 For the purpose of subdivision four of section five hundred ninety of 44 this [article] TITLE, the claimant shall be deemed to have received 45 benefits for such forfeited effective [days] WEEKS. 46 The penalty provided in this section shall not be confined to a single 47 benefit year but shall no longer apply in whole or in part after the 48 expiration of two years from the date on which the offense was commit- 49 ted. 50 A claimant shall refund all moneys received because of such false 51 statement or representation made by him OR HER. 52 S 22. Subdivision 1 of section 596 of the labor law, as amended by 53 chapter 204 of the laws of 1982, is amended to read as follows: 54 1. Claim filing and certification to unemployment. A claimant shall 55 file a claim for benefits at the local state employment office serving 56 the area in which he OR SHE was last employed or in which he OR SHE A. 1973--A 8 1 resides within such time and in such manner as the commissioner shall 2 prescribe. He OR SHE shall disclose whether he OR SHE owes child support 3 obligations, as hereafter defined. If a claimant making such disclosure 4 is eligible for benefits, the commissioner shall notify the state or 5 local child support enforcement agency, as hereafter defined, that the 6 claimant is eligible. 7 A claimant shall correctly report any [days] WEEKS of employment and 8 any compensation he OR SHE received for such employment, including 9 employments not subject to this article, and the [days on] WEEKS DURING 10 which he OR SHE was totally unemployed OR PARTIALLY UNEMPLOYED and shall 11 make such reports in accordance with such regulations as the commission- 12 er shall prescribe. 13 S 23. Subdivision 4 of section 596 of the labor law, as added by chap- 14 ter 705 of the laws of 1944 and as renumbered by section 148-a of part B 15 of chapter 436 of the laws of 1997, is amended to read as follows: 16 4. Registration and reporting for work. A claimant shall register as 17 totally unemployed OR PARTIALLY UNEMPLOYED at a local state employment 18 office serving the area in which he OR SHE was last employed or in which 19 he OR SHE resides in accordance with such regulations as the commission- 20 er shall prescribe. After so registering, such claimant shall report for 21 work at the same local state employment office or otherwise give notice 22 of the continuance of his OR HER unemployment as often and in such 23 manner as the commissioner shall prescribe. 24 S 24. Paragraph (a) of subdivision 2 of section 599 of the labor law, 25 as amended by chapter 593 of the laws of 1991, is amended to read as 26 follows: 27 (a) Notwithstanding any other provision of this chapter, a claimant 28 attending an approved training course or program under this section may 29 receive additional benefits of up to [one hundred four] TWENTY-SIX 30 effective [days] WEEKS following exhaustion of regular and, if in 31 effect, any other extended benefits, provided that entitlement to a new 32 benefit claim cannot be established. Certification of continued satis- 33 factory participation and progress in such training course or program 34 must be submitted to the commissioner prior to the payment of any such 35 benefits. The duration of such additional benefits shall in no case 36 exceed twice the number of effective [days] WEEKS of regular benefits to 37 which the claimant is entitled at the time the claimant is accepted in, 38 or demonstrates application for appropriate training. 39 S 25. Subdivision 1 of section 600 of the labor law, as added by chap- 40 ter 793 of the laws of 1963, is amended to read as follows: 41 1. Reduction of benefit rate. If a claimant retires or is retired from 42 employment by an employer and, due to such retirement, is receiving a 43 pension or retirement payment under a plan financed in whole or in part 44 by such employer, such claimant's benefit rate for [four] ONE effective 45 [days] WEEK otherwise applicable under subdivision seven of section five 46 hundred ninety OF THIS TITLE shall be reduced as hereinafter provided. 47 S 26. Subdivision 2 of section 601 of the labor law, as amended by 48 chapter 35 of the laws of 2009, is amended to read as follows: 49 2. Eligibility conditions. Extended benefits shall be payable to a 50 claimant for effective [days] WEEKS occurring [in any week] within an 51 eligibility period, provided the claimant 52 (a) has exhausted his or her rights to regular benefits under this 53 article in his or her current benefit year or, his or her benefit year 54 having expired prior to such week, he or she does not have the required 55 weeks of employment or earnings to establish a new benefit year, and he A. 1973--A 9 1 or she has no rights to benefits under the unemployment insurance law of 2 any other state; 3 (b) has no rights to unemployment benefits or allowances under the 4 railroad unemployment insurance act, the trade expansion act of nineteen 5 hundred sixty-two, the automotive products trade act of nineteen hundred 6 sixty-five, or such other federal laws as are specified in regulations 7 issued by the secretary of labor of the United States; 8 (c) has not received and is not seeking unemployment benefits under 9 the unemployment compensation law of the Virgin Islands or of Canada 10 unless, if he or she is seeking such benefits, the appropriate agency 11 finally determines that he or she is not entitled to benefits under such 12 law; 13 (d) has satisfied the conditions of this article, required to render a 14 claimant eligible for regular benefits, which are applicable to extended 15 benefits, including not being subject to a disqualification or suspen- 16 sion; 17 (e) is not claiming benefits pursuant to an interstate claim filed 18 under the interstate benefit payment plan in a state where an extended 19 benefit period is not in effect, except that this condition shall not 20 apply with respect to the first [eight] TWO effective [days] WEEKS for 21 which extended benefits shall otherwise be payable pursuant to an inter- 22 state claim filed under the interstate benefit payment plan; and 23 (f) in his or her base period has remuneration of one and one-half 24 times the high calendar quarter earnings in accordance with section five 25 hundred twenty-seven of this article. 26 S 27. Subdivision 3 of section 601 of the labor law, as amended by 27 chapter 35 of the laws of 2009, is amended to read as follows: 28 3. Extended benefit amounts; rate and duration. Extended benefits 29 shall be paid to a claimant 30 (a) at a rate equal to his or her rate for regular benefits during his 31 or her applicable benefit year but 32 (b) for not more than [fifty-two] THIRTEEN effective [days] WEEKS with 33 respect to his or her applicable benefit year, with a total maximum 34 amount equal to fifty [percentum] PER CENTUM of the total maximum amount 35 of regular benefits payable in such benefit year, and 36 (c) if a claimant's benefit year ends within an extended benefit peri- 37 od, the remaining balance of extended benefits to which he or she would 38 be entitled, if any, shall be reduced by the number of effective [days] 39 WEEKS for which he or she was entitled to receive trade readjustment 40 allowances under the federal trade act of nineteen hundred seventy-four 41 during such benefit year, and 42 (d) for periods of high unemployment for not more than eighty effec- 43 tive days with respect to the applicable benefit year with a total maxi- 44 mum amount equal to eighty percent of the total maximum amount of regu- 45 lar benefits payable in such benefit year. 46 S 28. Subdivision 4 of section 601 of the labor law, as amended by 47 chapter 35 of the laws of 2009, is amended to read as follows: 48 4. Charging of extended benefits. The provisions of paragraph (e) of 49 subdivision one of section five hundred eighty-one of this article shall 50 apply to benefits paid pursuant to the provisions of this section, and 51 if they were paid for effective [days occurring in] weeks following the 52 end of a benefit year, they shall be deemed paid with respect to that 53 benefit year. However, except for governmental entities as defined in 54 section five hundred sixty-five and Indian tribes as defined in section 55 five hundred sixty-six of this article, only one-half of the amount of 56 such benefits shall be debited to the employers' account; the remainder A. 1973--A 10 1 thereof shall be debited to the general account, and such account shall 2 be credited with the amount of payments received in the fund pursuant to 3 the provisions of the federal-state extended unemployment compensation 4 act. Notwithstanding the foregoing, where the state has entered an 5 extended benefit period triggered pursuant to subparagraph one of para- 6 graph (a) of subdivision one of this section for which federal law 7 provides for one hundred percent federal sharing of the costs of bene- 8 fits, all charges shall be debited to the general account and such 9 account shall be credited with the amount of payments received in the 10 fund pursuant to the provisions of the federal-state extended unemploy- 11 ment compensation act or other federal law providing for one hundred 12 percent federal sharing for the cost of such benefits. 13 S 29. Paragraph (b) of subdivision 5 of section 601 of the labor law, 14 as amended by chapter 35 of the laws of 2009, is amended to read as 15 follows: 16 (b) No [days] WEEKS of total unemployment OR PARTIAL UNEMPLOYMENT 17 shall be deemed to occur [in any week] within an eligibility period 18 during which a claimant fails to accept any offer of suitable work or 19 fails to apply for suitable work to which he or she was referred by the 20 commissioner, who shall make such referral if such work is available, or 21 during which he or she fails to engage actively in seeking work by 22 making a systematic and sustained effort to obtain work and providing 23 tangible evidence of such effort, and until he or she has worked in 24 employment during at least four subsequent weeks and earned remuneration 25 of at least four times his or her benefit rate. 26 S 30. Paragraph (e) of subdivision 5 of section 601 of the labor law, 27 as amended by chapter 35 of the laws of 2009, is amended to read as 28 follows: 29 (e) No [days] WEEKS of total unemployment OR PARTIAL UNEMPLOYMENT 30 shall be deemed to occur [in any week] within an eligibility period 31 under section five hundred ninety-three of this [article] TITLE, until 32 he or she has subsequently worked in employment in accordance with the 33 requirements set forth in section five hundred ninety-three of this 34 [article] TITLE. 35 S 31. Section 603 of the labor law, as added by chapter 438 of the 36 laws of 1985, is amended to read as follows: 37 S 603. Definitions. For purposes of this title: "Total unemployment" 38 shall mean the total lack of any employment [on any day] DURING ANY WEEK 39 AND "PARTIAL UNEMPLOYMENT" SHALL MEAN ANY EMPLOYMENT DURING ANY WEEK 40 THAT IS LESS THAN FULL-TIME EMPLOYMENT SO LONG AS THE COMPENSATION PAID 41 IS LESS THAN THE CLAIMANT'S WEEKLY BENEFIT RATE PLUS THE CLAIMANT'S 42 PARTIAL BENEFIT CREDIT, other than with an employer applying for a 43 shared work program. "Full time hours" shall mean at least thirty-five 44 but not more than forty hours per week, and shall not include overtime 45 as defined in the Fair Labor Standards Act. "Work force" shall mean the 46 total work force, a clearly identifiable unit or units thereof, or a 47 particular shift or shifts. 48 S 32. This act shall take effect immediately; provided, however, that 49 the amendments to subdivision 1 of section 591 of the labor law made by 50 section thirteen of this act shall be subject to the expiration and 51 reversion of such subdivision pursuant to section 10 of chapter 413 of 52 the laws of 2003, as amended, when upon such date the provisions of 53 section fourteen of this act shall take effect; provided, further, 54 however, that the amendment to section 591-a of the labor law made by 55 section fifteen of this act shall not affect the repeal of such section 56 and shall be deemed repealed therewith.