Bill Text: NY A04076 | 2011-2012 | General Assembly | Introduced

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Bill Title: Provides that qualifications for unemployment benefits shall be based on hours of work rather than earnings.

Sponsorship: Partisan Bill (Democrat 15)

Status: (Introduced - Dead) 2012-01-04 - referred to labor [A04076 Detail]

Download: New_York-2011-A04076-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4076
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 1, 2011
                                      ___________
       Introduced  by  M.  of A. BRENNAN, JAFFEE, ABBATE, PEOPLES-STOKES, COOK,
         CASTRO, REILLY, CLARK, HOOPER  --  Multi-Sponsored  by  --  M.  of  A.
         BARRON, GOTTFRIED, McENENY, MENG, SCHIMEL, WEISENBERG -- read once and
         referred to the Committee on Labor
       AN  ACT to amend the labor law, in relation to eligibility for unemploy-
         ment insurance benefits
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Subdivision 1, paragraph (a) of subdivision 2 and subdivi-
    2  sion 4 of section 527 of the labor law,  subdivision  1  as  amended  by
    3  chapter  413  of  the  laws  of  2003, paragraph (a) of subdivision 2 as
    4  amended by chapter 5 of the laws of 2000 and subdivision 4 as amended by
    5  chapter 832 of the laws of 1968 and as renumbered by chapter 381 of  the
    6  laws of 1984, are amended to read as follows:
    7    1.  Basic  condition.  "Valid  original  claim"  is a claim filed by a
    8  claimant who meets the following qualifications: (a) is  able  to  work,
    9  and  available  for  work; (b) is not subject to any disqualification or
   10  suspension under this article; (c) his  previously  established  benefit
   11  year,  if  any, has expired; (d) has been paid remuneration by employers
   12  liable for contributions or for payments in lieu of contributions  under
   13  this  article,  other than employers from whom the claimant lost employ-
   14  ment under conditions which would be disqualifying pursuant to  subdivi-
   15  sion  three  of  section  five hundred ninety-three of this article, for
   16  employment [during at least two calendar quarters of  the  base  period,
   17  with  remuneration  of  one and one-half times the high calendar quarter
   18  earnings within the base period and  with  at  least  one  thousand  six
   19  hundred dollars of such remuneration being paid during the high calendar
   20  quarter  of such base period. For purposes of this section, the earnings
   21  in the high calendar quarter of the base period used  in  determining  a
   22  valid  original  claim  shall  not  exceed an amount equal to twenty-two
   23  times the maximum benefit rate as  set  forth  in  subdivision  five  of
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07734-01-1
       A. 4076                             2
    1  section  five  hundred ninety of this article for all individuals] OF AT
    2  LEAST ONE HUNDRED THIRTY HOURS OF WORK IN THE HIGHEST  CALENDAR  QUARTER
    3  OF  THE  BASE  PERIOD AND AT LEAST ONE HUNDRED NINETY-FIVE HOURS OF WORK
    4  WITHIN THE FOUR QUARTERS OF THE BASE PERIOD.
    5    (a)  An  individual  who  is  unable to file a valid original claim in
    6  accordance with subdivision one of this section, files a valid  original
    7  claim  by  meeting  the qualifications enumerated in paragraphs (a), (b)
    8  and (c) of subdivision one of this  section  and  by  having  been  paid
    9  remuneration  by  employers  liable for contributions or for payments in
   10  lieu of contributions under this article, other than employers from whom
   11  the claimant lost employment under conditions  which  are  disqualifying
   12  pursuant  to  subdivision  three of section five hundred ninety-three of
   13  this article, for employment [during at least two calendar  quarters  of
   14  the  base  period,  with remuneration of one and one-half times the high
   15  calendar quarter earnings within the base period and with at  least  one
   16  thousand  six hundred dollars of such remuneration being paid during the
   17  high calendar quarter of such base period. For purposes of this section,
   18  the earnings in the high calendar quarter of the  base  period  used  in
   19  determining  a  valid original claim shall not exceed an amount equal to
   20  twenty-two times the maximum benefit rate as set  forth  in  subdivision
   21  five of section five hundred ninety of this article for all individuals]
   22  OF  AT  LEAST  ONE  HUNDRED THIRTY HOURS OF WORK IN THE HIGHEST CALENDAR
   23  QUARTER OF THE BASE PERIOD AND AT LEAST ONE HUNDRED NINETY-FIVE HOURS OF
   24  WORK WITHIN THE FOUR QUARTERS OF THE BASE PERIOD.
   25    4. General condition. A valid original claim may be filed  only  in  a
   26  week  in  which the claimant has at least one effective day of unemploy-
   27  ment. NOTWITHSTANDING ANY OTHER PROVISION OF LAW,  DURING  ANY  WEEK  OF
   28  UNEMPLOYMENT  WHERE  THE  CLAIMANT  IS EMPLOYED PART-TIME, THE FIRST ONE
   29  HUNDRED DOLLARS OF EARNINGS RECEIVED BY SUCH CLAIMANT FOR SUCH PART-TIME
   30  EMPLOYMENT SHALL NOT REDUCE THE BENEFITS RECEIVED FOR A  VALID  ORIGINAL
   31  CLAIM.  FOR EACH ONE DOLLAR OF EARNINGS IN EXCESS OF ONE HUNDRED DOLLARS
   32  RECEIVED BY SUCH CLAIMANT FOR SUCH PART-TIME  EMPLOYMENT,  THE  BENEFITS
   33  RECEIVED  FOR  A  VALID ORIGINAL CLAIM FOR THAT WEEK SHALL BE REDUCED BY
   34  SEVENTY-FIVE CENTS.
   35    S 2. This act shall take effect on the first of January next  succeed-
   36  ing the date on which it shall have become a law.