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 [$11,40018January 2020 $11,60019January 2021 $11,80020January 2022 $12,00021January 2023 $12,30022January 2024 $12,50023January 2025 $12,80024January 2026 $13,000EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04448-01-9A. 2158 2 1and each year thereafter on the first day of January that exceeds2sixteen percent of the state's average annual wage as determined by the3commissioner on an annual basis pursuant to section five hundred twen-4ty-nine of this article; provided, however, that in calculating such5maximum amount of remuneration, the amount arrived at by multiplying the6state's average annual wage times sixteen percent shall be rounded up to7the nearest hundred dollars. In no event shall the state's annual aver-8age 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 whichA. 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 of20the average weekly wage, until the first Monday of October two thousand21twenty-one when the maximum benefit amount shall be forty percent of the22average weekly wage, until the first Monday of October, two thousand23twenty-two when the maximum benefit amount shall be forty-two percent of24the average weekly wage, until the first Monday of October, two thousand25twenty-three when the maximum benefit amount shall be forty-four percent26of the average weekly wage, until the first Monday of October, two thou-27sand twenty-four when the maximum benefit amount shall be forty-six28percent of the average weekly wage, until the first Monday of October,29two thousand twenty-five when the maximum benefit amount shall be30forty-eight percent of the average weekly wage, until the first Monday31of October, two thousand twenty-six and each year thereafter on the32first Monday of October when the maximum benefit amount shall be fifty33percent of the average weekly wage provided, however, that in no event34shall 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.