Bill Text: NY A02158 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to increasing the maximum benefit rate for unemployment insurance.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2020-01-08 - referred to labor [A02158 Detail]

Download: New_York-2019-A02158-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          2158
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 22, 2019
                                       ___________
        Introduced  by  M. of A. RICHARDSON, NIOU -- Multi-Sponsored by -- M. of
          A. D'URSO, ORTIZ, SIMON -- read once and referred to the Committee  on
          Labor
        AN ACT to amend the labor law, in relation to the unemployment insurance
          law, increasing the maximum benefit rate for unemployment insurance
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Paragraph (a) of subdivision 1 of section 518 of the  labor
     2  law,  as  amended  by  section  1 of part O of chapter 57 of the laws of
     3  2013, is amended to read as follows:
     4    (a) "Wages" means all remuneration paid, except that  such  term  does
     5  not  include remuneration paid to an employee by an employer after eight
     6  thousand five hundred dollars have been paid to such  employee  by  such
     7  employer  with  respect  to  employment during any calendar year, except
     8  that such term does not include remuneration paid to an employee  by  an
     9  employer  with  respect to employment during any calendar year beginning
    10  with the first day of
    11                                          that exceeds
    12               January 2014                  $10,300
    13               January 2015                  $10,500
    14               January 2016                  $10,700
    15               January 2017                  $10,900
    16               January 2018                  [11,100]$12,500
    17               January 2019                  [$11,400
    18               January 2020                  $11,600
    19               January 2021                  $11,800
    20               January 2022                  $12,000
    21               January 2023                  $12,300
    22               January 2024                  $12,500
    23               January 2025                  $12,800
    24               January 2026                  $13,000

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04448-01-9

        A. 2158                             2

     1  and each year thereafter on  the  first  day  of  January  that  exceeds
     2  sixteen  percent of the state's average annual wage as determined by the
     3  commissioner on an annual basis pursuant to section five  hundred  twen-
     4  ty-nine  of  this  article;  provided, however, that in calculating such
     5  maximum amount of remuneration, the amount arrived at by multiplying the
     6  state's average annual wage times sixteen percent shall be rounded up to
     7  the  nearest hundred dollars. In no event shall the state's annual aver-
     8  age wage be reduced from the amount determined  in  the  previous  year]
     9  $13,500
    10    In  each  succeeding calendar year, the department shall calculate the
    11  base amount of remuneration necessary from which to  produce  sufficient
    12  premium  to  provide  for the annual increases in maximum weekly benefit
    13  provided for in this article, and other  funding  for  the  unemployment
    14  insurance  trust  fund  pursuant  to  section five hundred fifty of this
    15  article, as may be necessary.  The term "employment"  includes  for  the
    16  purposes  of this subdivision services constituting employment under any
    17  unemployment compensation law of another state or the United States.
    18    § 2. Paragraph (a) of subdivision 5 of section 590 of the  labor  law,
    19  as  amended by section 8 of part O of chapter 57 of the laws of 2013, is
    20  amended to read as follows:
    21    (a) A claimant's weekly benefit amount shall be  one  twenty-sixth  of
    22  the  remuneration  paid  during the highest calendar quarter of the base
    23  period by employers, liable for contributions or  payments  in  lieu  of
    24  contributions under this article, provided the claimant has remuneration
    25  paid  in  all  four  calendar  quarters during his or her base period or
    26  alternate base period. However, for any claimant  who  has  remuneration
    27  paid  in  all  four  calendar  quarters during his or her base period or
    28  alternate base period  and  whose  high  calendar  quarter  remuneration
    29  during  the  base  period  is  three  thousand five hundred seventy-five
    30  dollars or less, the benefit amount shall be  one  twenty-fifth  of  the
    31  remuneration paid during the highest calendar quarter of the base period
    32  by  employers  liable  for contributions or payments in lieu of contrib-
    33  utions under this article. A claimant's  weekly  benefit  shall  be  one
    34  twenty-sixth  of  the average remuneration paid in the two highest quar-
    35  ters paid during the base period or alternate base period  by  employers
    36  liable for contributions or payments in lieu of contributions under this
    37  article when the claimant has remuneration paid in two or three calendar
    38  quarters  provided  however, that a claimant whose high calendar quarter
    39  is four thousand dollars or less but greater than  three  thousand  five
    40  hundred  seventy-five  dollars shall have a weekly benefit amount of one
    41  twenty-sixth of such high calendar quarter. However,  for  any  claimant
    42  who  has  remuneration paid in two or three calendar quarters during his
    43  or her base period or alternate base  period  and  whose  high  calendar
    44  quarter  remuneration  during  the  base  period  is three thousand five
    45  hundred seventy-five dollars or less, the benefit amount  shall  be  one
    46  twenty-fifth  of the remuneration paid during the highest calendar quar-
    47  ter of the base period by employers liable for contributions or payments
    48  in lieu of contributions under this article.  Any  claimant  whose  high
    49  calendar  quarter remuneration during the base period is more than three
    50  thousand five hundred seventy-five dollars shall not have a weekly bene-
    51  fit amount less than one hundred forty-three dollars. The weekly benefit
    52  amount, so computed, that is not a  multiple  of  one  dollar  shall  be
    53  [lowered  to]  the  next  multiple of one dollar. On the first Monday of
    54  September, nineteen hundred ninety-eight the weekly benefit amount shall
    55  not exceed three hundred sixty-five  dollars  nor  be  less  than  forty
    56  dollars,  until  the  first  Monday of September, two thousand, at which

        A. 2158                             3
     1  time the maximum benefit payable  pursuant  to  this  subdivision  shall
     2  equal  one-half  of the state average weekly wage for covered employment
     3  as calculated by the department no sooner than July first, two  thousand
     4  and  no  later  than  August  first, two thousand, rounded [down] to the
     5  [lowest] next dollar. On and after the  first  Monday  of  October,  two
     6  thousand fourteen, the weekly benefit shall not be less than one hundred
     7  dollars, nor shall it exceed four hundred twenty dollars until the first
     8  Monday  of October, two thousand fifteen when the maximum benefit amount
     9  shall be four hundred twenty-five dollars, until  the  first  Monday  of
    10  October,  two  thousand sixteen when the maximum benefit amount shall be
    11  four hundred thirty dollars, until the first Monday of  [October]  July,
    12  two  thousand  seventeen when the maximum benefit amount shall be [four]
    13  five hundred [thirty-five] twenty-five dollars, until the  first  Monday
    14  of [October] July, two thousand eighteen when the maximum benefit amount
    15  shall  be [four] six hundred [fifty]  dollars, until the first Monday of
    16  [October] July, two thousand nineteen when the  maximum  benefit  amount
    17  shall  be  [thirty-six  percent  of the average weekly wage] six hundred
    18  fifty dollars, until the first Monday of [October]  July,  two  thousand
    19  twenty when the maximum benefit amount shall [be thirty-eight percent of
    20  the  average weekly wage, until the first Monday of October two thousand
    21  twenty-one when the maximum benefit amount shall be forty percent of the
    22  average weekly wage, until the first Monday  of  October,  two  thousand
    23  twenty-two when the maximum benefit amount shall be forty-two percent of
    24  the average weekly wage, until the first Monday of October, two thousand
    25  twenty-three when the maximum benefit amount shall be forty-four percent
    26  of the average weekly wage, until the first Monday of October, two thou-
    27  sand  twenty-four  when  the  maximum  benefit amount shall be forty-six
    28  percent of the average weekly wage, until the first Monday  of  October,
    29  two  thousand  twenty-five  when  the  maximum  benefit  amount shall be
    30  forty-eight percent of the average weekly wage, until the  first  Monday
    31  of  October,  two  thousand  twenty-six  and each year thereafter on the
    32  first Monday of October when the maximum benefit amount shall  be  fifty
    33  percent  of  the average weekly wage provided, however, that in no event
    34  shall the maximum benefit amount be  reduced  from  the  previous  year]
    35  equal  one-half  of  the  state average weekly wage as calculated by the
    36  department no sooner than July first, two thousand twenty and not  later
    37  than  August  first,  two  thousand  twenty  and  on  July first of each
    38  succeeding year the maximum benefit shall equal one-half  of  the  state
    39  average weekly wage as calculated by the department annually pursuant to
    40  the  manner described in this subdivision. For purposes of this subdivi-
    41  sion, the term "state average weekly wage" shall mean the average weekly
    42  wage of the state for the previous calendar  year  as  reported  by  the
    43  commissioner  to the superintendent of financial services on March thir-
    44  ty-first.
    45    § 3. This act shall take effect immediately and  shall  apply  to  all
    46  claims  filed  on  and  after  the effective date of this act; provided,
    47  however, that section one of this act shall take effect on the thirtieth
    48  day after it shall have become a law.
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