Bill Text: NY A11607 | 2009-2010 | General Assembly | Introduced
Bill Title: Expands eligibility for unemployment benefits.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-06-30 - referred to labor [A11607 Detail]
Download: New_York-2009-A11607-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 11607 I N A S S E M B L Y June 30, 2010 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. John) -- (at request of the Governor) -- read once and referred to the Committee on Labor AN ACT to amend the labor law, in relation to unemployment insurance benefits, contributions, and partial unemployment; and to repeal subdivision 4 of section 575-a of such law relating to penalties relating to wage information 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 chapter 589 of the laws of 1998, is amended to read 3 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 JANUARY, TWO THOUSAND ELEVEN WHICH EXCEEDS NINE 11 THOUSAND FIVE HUNDRED DOLLARS, NOR SHALL SUCH TERM INCLUDE REMUNERATION 12 PAID TO AN EMPLOYEE BY AN EMPLOYER WITH RESPECT TO EMPLOYMENT DURING ANY 13 CALENDAR YEAR BEGINNING WITH THE FIRST DAY OF JANUARY, TWO THOUSAND 14 TWELVE WHICH EXCEEDS TEN THOUSAND FIVE HUNDRED DOLLARS, NOR SHALL SUCH 15 TERM INCLUDE REMUNERATION PAID TO AN EMPLOYEE BY AN EMPLOYER WITH 16 RESPECT TO EMPLOYMENT DURING ANY CALENDAR YEAR BEGINNING WITH THE FIRST 17 DAY OF JANUARY, TWO THOUSAND THIRTEEN WHICH EXCEEDS ELEVEN THOUSAND FIVE 18 HUNDRED DOLLARS, NOR SHALL SUCH TERM INCLUDE REMUNERATION PAID TO AN 19 EMPLOYEE BY AN EMPLOYER WITH RESPECT TO EMPLOYMENT DURING ANY CALENDAR 20 YEAR BEGINNING WITH THE FIRST DAY OF JANUARY, TWO THOUSAND FOURTEEN 21 WHICH EXCEEDS TWELVE THOUSAND DOLLARS, NOR SHALL SUCH TERM INCLUDE 22 REMUNERATION PAID TO AN EMPLOYEE BY AN EMPLOYER WITH RESPECT TO EMPLOY- 23 MENT DURING ANY CALENDAR YEAR BEGINNING WITH THE FIRST DAY OF JANUARY, 24 TWO THOUSAND FIFTEEN WHICH EXCEEDS TWELVE THOUSAND FIVE HUNDRED DOLLARS, 25 NOR SHALL SUCH TERM INCLUDE REMUNERATION PAID TO AN EMPLOYEE BY AN EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD12111-07-0 A. 11607 2 1 EMPLOYER WITH RESPECT TO EMPLOYMENT DURING ANY CALENDAR YEAR BEGINNING 2 WITH THE FIRST DAY OF JANUARY, TWO THOUSAND SIXTEEN WHICH EXCEEDS THIR- 3 TEEN THOUSAND DOLLARS, NOR SHALL SUCH TERM INCLUDE REMUNERATION PAID TO 4 AN EMPLOYEE BY AN EMPLOYER WITH RESPECT TO EMPLOYMENT DURING ANY CALEN- 5 DAR YEAR BEGINNING WITH THE FIRST DAY OF JANUARY, TWO THOUSAND SEVENTEEN 6 WHICH EXCEEDS THIRTEEN THOUSAND FIVE HUNDRED DOLLARS, NOR SHALL SUCH 7 TERM INCLUDE REMUNERATION PAID TO AN EMPLOYEE BY AN EMPLOYER WITH 8 RESPECT TO EMPLOYMENT DURING ANY CALENDAR YEAR BEGINNING WITH THE FIRST 9 DAY OF JANUARY, TWO THOUSAND EIGHTEEN WHICH EXCEEDS FOURTEEN THOUSAND 10 DOLLARS, NOR SHALL SUCH TERM INCLUDE REMUNERATION PAID TO AN EMPLOYEE BY 11 AN EMPLOYER WITH RESPECT TO EMPLOYMENT DURING ANY CALENDAR YEAR BEGIN- 12 NING WITH THE FIRST DAY OF JANUARY, TWO THOUSAND NINETEEN AND THEREAFTER 13 WHICH EXCEEDS EIGHTEEN PERCENT OF THE STATE'S AVERAGE ANNUAL WAGE; 14 PROVIDED, HOWEVER, THAT IN CALCULATING SUCH MAXIMUM AMOUNT OF REMUNERA- 15 TION, THE AMOUNT ARRIVED AT BY MULTIPLYING THE STATE'S AVERAGE WEEKLY 16 WAGE TIMES EIGHTEEN PERCENT SHALL BE ROUNDED UP TO THE NEAREST HUNDRED 17 DOLLARS. The term "employment" includes for the purposes of this subdi- 18 vision services constituting employment under any unemployment compen- 19 sation law of another state or the United States. NOTWITHSTANDING THE 20 FOREGOING, THE MAXIMUM AMOUNT OF REMUNERATION WHICH SHALL CONSTITUTE 21 "WAGES" WITHIN THE MEANING OF THIS SECTION AS OF THE FIRST DAY OF JANU- 22 ARY, TWO THOUSAND TWENTY-ONE, AND ON EACH JANUARY FIRST THEREAFTER, 23 SHALL BE REDUCED BY ONE PERCENT OF THE STATE'S AVERAGE ANNUAL WAGE, WITH 24 THE AMOUNT ARRIVED AT BEING ROUNDED UP TO THE NEAREST HUNDRED DOLLARS, 25 IF ON THE PRECEDING THIRTY-FIRST DAY OF DECEMBER THE COMMISSIONER SHALL 26 HAVE DETERMINED THAT ON SUCH DAY AND THE IMMEDIATELY PRECEDING 27 THIRTY-FIRST DAY OF DECEMBER, THE FUND HAD A BALANCE EQUAL TO OR GREATER 28 THAN 1.7 PERCENT OF AGGREGATE TAXABLE WAGES OF THE PRIOR YEAR, PROVIDED 29 HOWEVER, THAT IF, ON ANY THIRTY-FIRST DAY OF DECEMBER FOLLOWING SUCH 30 REDUCTION IN THE MAXIMUM AMOUNT OF REMUNERATION, THE COMMISSIONER SHALL 31 DETERMINE THAT THE BALANCE OF THE FUND IS LESS THAN 1.25 PERCENT OF 32 AGGREGATE TAXABLE WAGES OF THE PRIOR YEAR, THE MAXIMUM AMOUNT OF REMUN- 33 ERATION FOR THE CALENDAR YEAR BEGINNING WITH THE FIRST DAY OF JANUARY 34 NEXT SUCCEEDING SUCH DATE SHALL INCREASE BY TWO PERCENT OF THE STATE'S 35 AVERAGE ANNUAL WAGE, WITH THE AMOUNT ARRIVED AT BEING ROUNDED UP TO THE 36 NEAREST HUNDRED DOLLARS. IN NO CASE MAY SUCH REDUCTION REDUCE THE MAXI- 37 MUM AMOUNT OF REMUNERATION WHICH SHALL CONSTITUTE WAGES BELOW TEN THOU- 38 SAND DOLLARS. 39 S 2. The labor law is amended by adding a new section 529 to read as 40 follows: 41 S 529. AVERAGE ANNUAL WAGE; AVERAGE WEEKLY WAGE. 1. THE "AVERAGE ANNU- 42 AL WAGE" SHALL BE THE AVERAGE ANNUAL WAGE OF THE STATE OF NEW YORK FOR 43 THE PREVIOUS CALENDAR YEAR DETERMINED BY THE COMMISSIONER NO LATER THAN 44 THE THIRTY-FIRST DAY OF MAY OF EACH YEAR. 45 2. THE "AVERAGE WEEKLY WAGE" SHALL BE THE AVERAGE WEEKLY WAGE OF THE 46 STATE OF NEW YORK FOR THE PREVIOUS CALENDAR YEAR DETERMINED BY THE 47 COMMISSIONER NO LATER THAN THE THIRTY-FIRST DAY OF MAY OF EACH YEAR. 48 S 3. Subdivision 1 of section 560 of the labor law, as amended by 49 chapter 103 of the laws of 1965, is amended to read as follows: 50 1. Liability. Any employer shall become liable for contributions under 51 this article if he has paid remuneration of [three hundred dollars] ONE 52 PERCENT OF AVERAGE ANNUAL WAGE ROUNDED UP TO THE NEAREST TEN DOLLARS, or 53 more in any calendar quarter, except that liability with respect to 54 persons employed in personal or domestic service in private homes shall 55 be considered separately and an employer shall become liable for 56 contributions with respect to such persons only if he has paid to them A. 11607 3 1 remuneration in cash of [five hundred dollars] ONE AND ONE-HALF PERCENT 2 OF AVERAGE ANNUAL WAGE, ROUNDED UP TO THE NEAREST TEN DOLLARS, or more 3 in any calendar quarter. Such liability for contributions shall 4 commence on the first day of such calendar quarter. 5 An employer who, by operation of law, purchase or otherwise becomes 6 successor to an employer liable for contributions shall become liable 7 for contributions on the day of his succession. This provision shall not 8 affect such successor's liability as otherwise prescribed by law for 9 unpaid contributions due from his predecessor. 10 S 4. Subparagraph 3 of paragraph (e) of subdivision 1 of section 581 11 of the labor law, as amended by chapter 589 of the laws of 1998, is 12 amended to read as follows: 13 (3) An employer's account shall not be charged, and the charges shall 14 instead be made to the general account, for benefits paid to a claimant 15 RESULTING FROM A VOLUNTARY SEPARATION RESULTING FROM DOMESTIC VIOLENCE, 16 THE ILLNESS OR DISABILITY OF A MEMBER OF THE CLAIMANT'S IMMEDIATE FAMI- 17 LY, OR THE NEED FOR THE CLAIMANT TO ACCOMPANY HIS OR HER SPOUSE DUE TO A 18 CHANGE IN LOCATION OF THE SPOUSE'S EMPLOYMENT TO A PLACE FROM WHICH IT 19 IS IMPRACTICAL FOR SUCH INDIVIDUAL TO COMMUTE, OR after the expiration 20 of a period of disqualification from benefits following a final determi- 21 nation that the claimant lost employment with the employer through 22 misconduct or voluntary separation of employment without good cause 23 within the meaning of section five hundred ninety-three of this article 24 and the charges are attributable to remuneration paid during the claim- 25 ant's base period of employment with such employer prior to the claim- 26 ant's loss of employment with such employer through misconduct or volun- 27 tary separation of employment without good cause. 28 S 5. Paragraph (a) of subdivision 2 of section 581 of the labor law, 29 as added by chapter 413 of the laws of 2003, is amended to read as 30 follows: 31 (a) Each qualified employer's rate of contribution shall be the 32 percentage shown in the column headed by the size of the fund index as 33 of the computation date and on the same line with his or her negative or 34 positive employer's account percentage, except that if within the three 35 payroll years preceding the computation date any part of a negative 36 balance has been transferred from any employer's account as a charge to 37 the general account pursuant to the provisions of paragraph (e) of 38 subdivision one of this section such employer's rate of contribution 39 shall be the maximum contribution rate as shown in the column headed by 40 the size of fund index; 41 Size of Fund Index 42 Employer's 43 Account 44 Percentage Less 0% 0.5% 1.0% 1.5% 2.0% 2.5% 3.0% 3.5% 4.0% 4.5% 5.0% 45 Than but but but but but but but but but but or 46 0% less less less less less less less less less less more 47 than than than than than than than than than than 48 0.5% 1.0% 1.5% 2.0% 2.5% 3.0% 3.5% 4.0% 4.5% 5.0% 49 Negative 50 21.0% 51 or more 8.90 8.70 8.50 8.30 8.10 7.30 6.90 6.50 6.20 6.10 6.00 5.90 A. 11607 4 1 ________________________________________________________________________ 2 20.5% 3 or more 4 but less 5 than 21.0% 8.80 8.60 8.40 8.20 8.00 7.20 6.80 6.40 6.10 6.00 5.90 5.80 6 ________________________________________________________________________ 7 20.0% 8 or more 9 but less 10 than 20.5% 8.70 8.50 8.30 8.10 7.90 7.10 6.70 6.30 6.00 5.90 5.80 5.70 11 ________________________________________________________________________ 12 19.5% 13 or more 14 but less 15 than 20.0% 8.60 8.40 8.20 8.00 7.80 7.00 6.60 6.20 5.90 5.80 5.70 5.60 16 ________________________________________________________________________ 17 19.0% 18 or more 19 but less 20 than 19.5% 8.50 8.30 8.10 7.90 7.70 6.90 6.50 6.10 5.80 5.70 5.60 5.50 21 ________________________________________________________________________ 22 18.5% 23 or more 24 but less 25 than 19.0% 8.40 8.20 8.00 7.80 7.60 6.80 6.40 6.00 5.70 5.60 5.50 5.40 26 ________________________________________________________________________ 27 18.0% 28 or more 29 but less 30 than 18.5% 8.30 8.10 7.90 7.70 7.50 6.70 6.30 5.90 5.60 5.50 5.40 5.30 31 ________________________________________________________________________ 32 17.5% 33 or more 34 but less 35 than 18.0% 8.20 8.00 7.80 7.60 7.40 6.60 6.20 5.80 5.50 5.40 5.30 5.20 36 ________________________________________________________________________ 37 17.0% 38 or more 39 but less 40 than 17.5% 8.10 7.90 7.70 7.50 7.30 6.50 6.10 5.70 5.40 5.30 5.20 5.10 41 ________________________________________________________________________ 42 16.5% 43 or more 44 but less 45 than 17.0% 8.00 7.80 7.60 7.40 7.20 6.40 6.00 5.60 5.30 5.20 5.10 5.00 46 ________________________________________________________________________ 47 16.0% 48 or more 49 but less 50 than 16.5% 7.90 7.70 7.50 7.30 7.10 6.30 5.90 5.50 5.20 5.10 5.00 4.90 51 ________________________________________________________________________ 52 15.5% 53 or more 54 but less 55 than 16.0% 7.80 7.60 7.40 7.20 7.00 6.20 5.80 5.40 5.10 5.00 4.90 4.80 A. 11607 5 1 ________________________________________________________________________ 2 15.0% 3 or more 4 but less 5 than 15.5% 7.70 7.50 7.30 7.10 6.90 6.10 5.70 5.30 5.00 4.90 4.80 4.70 6 ________________________________________________________________________ 7 14.5% 8 or more 9 but less 10 than 15.0% 7.60 7.40 7.20 7.00 6.80 6.00 5.60 5.20 4.90 4.80 4.70 4.60 11 ________________________________________________________________________ 12 14.0% 13 or more 14 but less 15 than 14.5% 7.50 7.30 7.10 6.90 6.70 5.90 5.50 5.10 4.80 4.70 4.60 4.50 16 ________________________________________________________________________ 17 13.5% 18 or more 19 but less 20 than 14.0% 7.40 7.20 7.00 6.80 6.60 5.80 5.40 5.00 4.70 4.60 4.50 4.40 21 ________________________________________________________________________ 22 13.0% 23 or more 24 but less 25 than 13.5% 7.30 7.10 6.90 6.70 6.50 5.70 5.30 4.90 4.60 4.50 4.40 4.30 26 ________________________________________________________________________ 27 12.5% 28 or more 29 but less 30 than 13.0% 7.20 7.00 6.80 6.60 6.40 5.60 5.20 4.80 4.50 4.40 4.30 4.20 31 ________________________________________________________________________ 32 12.0% 33 or more 34 but less 35 than 12.5% 7.10 6.90 6.70 6.50 6.30 5.50 5.10 4.70 4.40 4.30 4.20 4.10 36 ________________________________________________________________________ 37 11.5% 38 or more 39 but less 40 than 12.0% 7.00 6.80 6.60 6.40 6.20 5.40 5.00 4.60 4.30 4.20 4.10 4.00 41 ________________________________________________________________________ 42 11.0% 43 or more 44 but less 45 than 11.5% 6.90 6.70 6.50 6.30 6.10 5.30 4.90 4.50 4.20 4.10 4.00 3.90 46 ________________________________________________________________________ 47 10.5% 48 or more 49 but less 50 than 11.0% 6.80 6.60 6.40 6.20 6.00 5.20 4.80 4.40 4.10 4.00 3.90 3.80 51 ________________________________________________________________________ 52 10.0% 53 or more 54 but less 55 than 10.5% 6.70 6.50 6.30 6.10 5.90 5.10 4.70 4.30 4.00 3.90 3.80 3.70 A. 11607 6 1 ________________________________________________________________________ 2 9.5% 3 or more 4 but less 5 than 10.0% 6.60 6.40 6.20 6.00 5.80 5.00 4.60 4.20 3.90 3.80 3.70 3.60 6 ________________________________________________________________________ 7 9.0% 8 or more 9 but less 10 than 9.5% 6.50 6.30 6.10 5.90 5.70 4.90 4.50 4.10 3.80 3.70 3.60 3.50 11 ________________________________________________________________________ 12 8.5% 13 or more 14 but less 15 than 9.0% 6.40 6.20 6.00 5.80 5.60 4.80 4.40 4.00 3.70 3.60 3.50 3.40 16 ________________________________________________________________________ 17 8.0% 18 or more 19 but less 20 than 8.5% 6.30 6.10 5.90 5.70 5.50 4.70 4.30 3.90 3.60 3.50 3.40 3.30 21 ________________________________________________________________________ 22 7.0% 23 or more 24 but less 25 than 8.0% 6.20 6.00 5.80 5.60 5.40 4.60 4.20 3.80 3.50 3.40 3.30 3.20 26 ________________________________________________________________________ 27 6.0% 28 or more 29 but less 30 than 7.0% 6.10 5.90 5.70 5.50 5.30 4.50 4.10 3.70 3.40 3.30 3.20 3.10 31 ________________________________________________________________________ 32 5.0% 33 or more 34 but less 35 than 6.0% 6.00 5.80 5.60 5.40 5.20 4.40 4.00 3.60 3.30 3.20 3.10 3.00 36 ________________________________________________________________________ 37 4.0% 38 or more 39 but less 40 than 5.0% 5.90 5.70 5.50 5.30 5.10 4.30 3.90 3.50 3.20 3.10 3.00 2.90 41 ________________________________________________________________________ 42 3.0% 43 or more 44 but less 45 than 4.0% 5.60 5.40 5.20 5.00 4.80 4.20 3.80 3.40 3.10 3.00 2.90 2.80 46 ________________________________________________________________________ 47 2.0% 48 or more 49 but less 50 than 3.0% 5.50 5.30 5.10 4.90 4.70 4.10 3.70 3.30 3.00 2.90 2.80 2.70 51 ________________________________________________________________________ 52 1.0% 53 or more 54 but less 55 than 2.0% 5.40 5.20 5.00 4.80 4.60 4.00 3.60 3.20 2.90 2.80 2.70 2.60 A. 11607 7 1 ________________________________________________________________________ 2 Less 3 than 1.0% 5.20 5.00 4.80 4.60 4.40 3.80 3.40 3.00 2.70 2.60 2.50 2.40 4 ________________________________________________________________________ 5 Positive 6 Less 7 than 1.0% 4.10 3.90 3.70 3.50 3.30 2.90 2.50 2.10 1.90 1.80 1.70 1.60 8 ________________________________________________________________________ 9 1.0% 10 or more 11 but less 12 than 2.0% 4.00 3.80 3.60 3.40 3.20 2.80 2.40 2.00 1.80 1.70 1.60 1.50 13 ________________________________________________________________________ 14 2.0% 15 or more 16 but less 17 than 3.0% 3.90 3.70 3.50 3.30 3.10 2.70 2.30 1.90 1.70 1.60 1.50 1.40 18 ________________________________________________________________________ 19 3.0% 20 or more 21 but less 22 than 4.0% 3.80 3.60 3.40 3.20 3.00 2.60 2.20 1.80 1.60 1.50 1.40 1.30 23 ________________________________________________________________________ 24 4.0% 25 or more 26 but less 27 than 5.0% 3.70 3.50 3.30 3.10 2.90 2.50 2.10 1.70 1.50 1.40 1.30 1.20 28 ________________________________________________________________________ 29 5.0% 30 or more 31 but less 32 than 5.5% 3.60 3.40 3.20 3.00 2.80 2.40 2.00 1.60 1.40 1.30 1.20 1.10 33 ________________________________________________________________________ 34 5.5% 35 or more but 36 less than 37 5.75% 3.50 3.30 3.10 2.90 2.70 2.30 1.90 1.50 1.30 1.20 1.10 1.00 38 ________________________________________________________________________ 39 5.75% 40 or more 41 but less 42 than 6.0% 3.40 3.20 3.00 2.80 2.60 2.20 1.80 1.40 1.20 1.10 1.00 0.90 43 ________________________________________________________________________ 44 6.0% 45 or more but 46 less than 47 6.25% 3.30 3.10 2.90 2.70 2.50 2.10 1.70 1.30 1.10 1.00 0.90 0.80 48 ________________________________________________________________________ 49 6.25% 50 or more 51 but less 52 than 6.5% 3.20 3.00 2.80 2.60 2.40 2.00 1.60 1.20 1.00 0.90 0.80 0.70 53 ________________________________________________________________________ 54 6.5% A. 11607 8 1 or more but 2 less than 3 6.75% 3.10 2.90 2.70 2.50 2.30 1.90 1.50 1.10 0.90 0.80 0.70 0.60 4 ________________________________________________________________________ 5 6.75% 6 or more 7 but less 8 than 7.0% 3.00 2.80 2.60 2.40 2.20 1.80 1.40 1.00 0.80 0.70 0.60 0.50 9 ________________________________________________________________________ 10 7.0% 11 or more but 12 less than 13 7.25% 2.90 2.70 2.50 2.30 2.10 1.70 1.30 0.90 0.70 0.60 0.50 0.40 14 ________________________________________________________________________ 15 7.25% 16 or more 17 but less 18 than 7.5% 2.80 2.60 2.40 2.20 2.00 1.60 1.20 0.80 0.60 0.50 0.40 0.30 19 ________________________________________________________________________ 20 7.5% 21 or more but 22 less than 23 7.75% 2.70 2.50 2.30 2.10 1.90 1.50 1.10 0.70 0.50 0.40 0.30 0.20 24 ________________________________________________________________________ 25 7.75% 26 or more 27 but less 28 than 8.0% 2.60 2.40 2.20 2.00 1.80 1.40 1.00 0.60 0.40 0.30 0.20 0.10 29 ________________________________________________________________________ 30 8.0% 31 or more but 32 less than 33 8.25% 2.50 2.30 2.10 1.90 1.70 1.30 0.90 0.50 0.30 0.20 0.10 0.00 34 ________________________________________________________________________ 35 8.25% 36 or more 37 but less 38 than 8.5% 2.40 2.20 2.00 1.80 1.60 1.20 0.80 0.40 0.20 0.10 0.00 0.00 39 ________________________________________________________________________ 40 8.5% 41 or more but 42 less than 43 8.75% 2.30 2.10 1.90 1.70 1.50 1.10 0.70 0.30 0.10 0.00 0.00 0.00 44 ________________________________________________________________________ 45 8.75% 46 or more 47 but less 48 than 9.0% 2.20 2.00 1.80 1.60 1.40 1.00 0.60 0.20 0.00 0.00 0.00 0.00 49 ________________________________________________________________________ 50 9.0% 51 or more but 52 less than 53 9.25% 2.10 1.90 1.70 1.50 1.30 0.90 0.50 0.10 0.00 0.00 0.00 0.00 54 ________________________________________________________________________ 55 9.25% 56 or more A. 11607 9 1 but less 2 than 9.5% 2.00 1.80 1.60 1.40 1.20 0.80 0.40 0.00 0.00 0.00 0.00 0.00 3 ________________________________________________________________________ 4 9.5% 5 or more but 6 less than 7 9.75% 1.90 1.70 1.50 1.30 1.10 0.70 0.30 0.00 0.00 0.00 0.00 0.00 8 ________________________________________________________________________ 9 9.75% 10 or more but 11 less than 12 10.0% 1.80 1.60 1.40 1.20 1.00 0.60 0.20 0.00 0.00 0.00 0.00 0.00 13 ________________________________________________________________________ 14 10.0% 15 or more but 16 less than 17 10.25% 1.70 1.50 1.30 1.10 0.90 0.50 0.10 0.00 0.00 0.00 0.00 0.00 18 ________________________________________________________________________ 19 10.25% 20 or more but 21 less than 22 10.5% 1.60 1.40 1.20 1.00 0.80 0.40 0.00 0.00 0.00 0.00 0.00 0.00 23 ________________________________________________________________________ 24 10.5% 25 or more [but 26 less than 27 10.75%] 1.50 1.30 1.10 0.90 0.70 0.30 0.00 0.00 0.00 0.00 0.00 0.00 28 ________________________________________________________________________ 29 [10.75% 30 or more but 31 less than 32 11.0% 1.40 1.20 1.00 0.80 0.60 0.20 0.00 0.00 0.00 0.00 0.00 0.00 33 ________________________________________________________________________ 34 11.0% 35 or more but 36 less than 37 11.25% 1.30 1.10 0.90 0.70 0.50 0.10 0.00 0.00 0.00 0.00 0.00 0.00 38 ________________________________________________________________________ 39 11.25% 40 or more but 41 less than 42 11.5% 1.20 1.00 0.80 0.60 0.40 0.00 0.00 0.00 0.00 0.00 0.00 0.00 43 ________________________________________________________________________ 44 11.5% 45 or more but 46 less than 47 11.75% 1.10 0.90 0.70 0.50 0.30 0.00 0.00 0.00 0.00 0.00 0.00 0.00 48 ________________________________________________________________________ 49 11.75% 50 or more but 51 less than 52 12.0% 1.00 0.80 0.60 0.40 0.20 0.00 0.00 0.00 0.00 0.00 0.00 0.00 53 ________________________________________________________________________ 54 12.0% or 55 more 0.90 0.70 0.50 0.30 0.10 0.00 0.00 0.00 0.00 0.00 0.00 0.00] 56 ________________________________________________________________________ A. 11607 10 1 S 6. Subdivision 5 of section 590 of the labor law, as amended by 2 chapter 413 of the laws of 2003, is amended to read as follows: 3 5. Benefit rate. A claimant's weekly benefit amount shall be one twen- 4 ty-sixth of the remuneration paid during the highest calendar quarter of 5 the base period by employers, liable for contributions or payments in 6 lieu of contributions under this article. However, for claimants whose 7 high calendar quarter remuneration during the base period is three thou- 8 sand five hundred seventy-five dollars or less, the benefit amount shall 9 be one twenty-fifth of the remuneration paid during the highest calendar 10 quarter of the base period by employers liable for contributions or 11 payments in lieu of contributions under this article. Any claimant 12 whose high calendar quarter remuneration during the base period is more 13 than three thousand five hundred seventy-five dollars shall not have a 14 weekly benefit amount less than one hundred forty-three dollars. The 15 weekly benefit amount, so computed, that is not a multiple of one dollar 16 shall be lowered to the next multiple of one dollar. On the first Monday 17 of September, nineteen hundred ninety-eight the weekly benefit amount 18 shall not exceed three hundred sixty-five dollars nor be less than forty 19 dollars, until the first Monday of September, two thousand, at which 20 time the maximum benefit payable pursuant to this subdivision shall 21 equal one-half of the state average weekly wage for covered employment 22 as calculated by the department no sooner than July first, two thousand 23 and no later than August first, two thousand, rounded down to the lowest 24 dollar. ON THE FIRST MONDAY OF JANUARY, TWO THOUSAND ELEVEN, THE WEEKLY 25 BENEFIT SHALL NOT BE LESS THAN SEVENTY-FIVE DOLLARS NOR SHALL IT EXCEED 26 FOUR HUNDRED SEVENTY-FIVE DOLLARS. ON THE FIRST MONDAY OF JULY, TWO 27 THOUSAND TWELVE, THE MAXIMUM BENEFIT RATE SHALL BE FORTY-THREE PERCENT 28 OF THE AVERAGE WEEKLY WAGE UNTIL THE FIRST MONDAY OF JULY, TWO THOUSAND 29 THIRTEEN WHEN THE MAXIMUM BENEFIT RATE SHALL BE FORTY-FIVE PERCENT OF 30 THE AVERAGE WEEKLY WAGE UNTIL THE FIRST MONDAY OF JULY, TWO THOUSAND 31 SEVENTEEN WHEN THE MAXIMUM BENEFIT RATE SHALL BE FORTY-SEVEN PERCENT OF 32 THE AVERAGE WEEKLY WAGE UNTIL THE FIRST MONDAY OF JULY, TWO THOUSAND 33 EIGHTEEN WHEN THE MAXIMUM BENEFIT RATE SHALL BE FIFTY PERCENT OF THE 34 AVERAGE WEEKLY WAGE. EACH YEAR THEREAFTER, THE MAXIMUM BENEFIT RATE 35 SHALL BE FIFTY PERCENT OF THE AVERAGE WEEKLY WAGE. 36 S 7. Paragraph (a) of subdivision 1, the opening paragraph of subdivi- 37 sion 2 and subdivision 3 of section 593 of the labor law, paragraph (a) 38 of subdivision 1 as amended by chapter 35 of the laws of 2009, the open- 39 ing paragraph of subdivision 2 as amended by chapter 5 of the laws of 40 2000 and subdivision 3 as amended by chapter 589 of the laws of 1998, 41 are amended to read as follows: 42 (a) No days of total unemployment shall be deemed to occur after a 43 claimant's voluntary separation without good cause from employment until 44 he or she has subsequently worked in employment and earned remuneration 45 at least equal to [five] TEN times his or her weekly benefit rate. In 46 addition to other circumstances that may be found to constitute good 47 cause, including a compelling family reason as set forth in paragraph 48 (b) of this subdivision, voluntary separation from employment shall not 49 in itself disqualify a claimant if circumstances have developed in the 50 course of such employment that would have justified the claimant in 51 refusing such employment in the first instance under the terms of subdi- 52 vision two of this section or if the claimant, pursuant to an option 53 provided under a collective bargaining agreement or written employer 54 plan which permits waiver of his right to retain the employment when 55 there is a temporary layoff because of lack of work, has elected to be 56 separated for a temporary period and the employer has consented thereto. A. 11607 11 1 No days of total unemployment shall be deemed to occur beginning with 2 the day on which a claimant, without good cause, refuses to accept an 3 offer of employment for which he is reasonably fitted by training and 4 experience, including employment not subject to this article, until he 5 has subsequently worked in employment and earned remuneration at least 6 equal to [five] TEN times his or her weekly benefit rate. Except that 7 claimants who are not subject to a recall date or who do not obtain 8 employment through a union hiring hall and who are still unemployed 9 after receiving thirteen weeks of benefits shall be required to accept 10 any employment proffered that such claimants are capable of performing, 11 provided that such employment would result in a wage not less than 12 eighty percent of such claimant's high calendar quarter wages received 13 in the base period and not substantially less than the prevailing wage 14 for similar work in the locality as provided for in paragraph (d) of 15 this subdivision. No refusal to accept employment shall be deemed with- 16 out good cause nor shall it disqualify any claimant otherwise eligible 17 to receive benefits if: 18 3. Misconduct. No days of total unemployment shall be deemed to occur 19 after a claimant lost employment through misconduct in connection with 20 his or her employment until he or she has subsequently worked in employ- 21 ment and earned remuneration at least equal to [five] TEN times his or 22 her weekly benefit rate. 23 S 8. Section 594 of the labor law, as amended by chapter 728 of the 24 laws of 1952, the opening paragraph as amended by chapter 139 of the 25 laws of 1968, is amended to read as follows: 26 S 594. Reduction of benefits for false statement. A claimant who has 27 wilfully made a false statement or representation to obtain any benefit 28 under the provisions of this article shall forfeit benefits for at least 29 the first four but not more than the first eighty effective days follow- 30 ing discovery of such offense for which he otherwise would have been 31 entitled to receive benefits. Such penalty shall apply only once with 32 respect to each such offense. 33 For the purpose of subdivision four of section five hundred ninety of 34 this [article] TITLE, the claimant shall be deemed to have received 35 benefits for such forfeited effective days. 36 The penalty provided in this section shall not be confined to a single 37 benefit year but shall no longer apply in whole or in part after the 38 expiration of two years from the date [on which the offense was commit- 39 ted] OF THE FINAL DETERMINATION. SUCH TWO YEAR PERIOD SHALL BE EXTENDED 40 DURING THE TIME PERIOD A CLAIMANT HAS AN APPEAL PENDING. 41 A claimant shall refund all moneys received because of such false 42 statement or representation made by him AND PAY A CIVIL PENALTY IN AN 43 AMOUNT EQUAL TO TWENTY-FIVE PERCENT OF THE TOTAL AMOUNT OF SUCH OVERPAID 44 BENEFITS. WHEN A DETERMINATION, BASED UPON A WILFUL FALSE STATEMENT OR 45 REPRESENTATION OR BASED UPON THE WILLFUL CONCEALMENT OF A PERTINENT FACT 46 IN CONNECTION WITH THE CLAIM FOR BENEFITS, BECOMES FINAL THROUGH 47 EXHAUSTION OF APPEAL RIGHTS OR FAILURE TO EXHAUST HEARING RIGHTS, THE 48 COMMISSIONER MAY FILE WITH THE COUNTY CLERK OF THE COUNTY WHERE THE 49 CLAIMANT RESIDES, THE FINAL DETERMINATION OF THE COMMISSIONER, OR THE 50 FINAL DECISION BY AN ADMINISTRATIVE LAW JUDGE, THE APPEAL BOARD OR A 51 COURT, CONTAINING THE AMOUNT FOUND TO BE DUE, INCLUDING INTEREST AND 52 PENALTY. THE FILING OF SUCH FINAL DETERMINATION OR DECISION SHALL HAVE 53 THE FULL FORCE AND EFFECT OF A JUDGMENT DULY DOCKETED IN THE OFFICE OF 54 SUCH CLERK. THE FINAL DETERMINATION OR DECISION MAY BE ENFORCED BY AND 55 IN THE SAME MANNER, AND WITH LIKE EFFECT AS THAT PRESCRIBED BY THE CIVIL 56 PRACTICE LAW AND RULES FOR THE RECOVERY OF A MONEY JUDGMENT, INCLUDING A. 11607 12 1 ACCRUAL OF INTEREST. PENALTIES ASSESSED BECAUSE OF SUCH FALSE STATEMENT 2 OR REPRESENTATION OR WILLFUL CONCEALMENT MAY ALSO BE RECOVERED THROUGH 3 COMMON LAW OR STATUTORY RIGHTS OF OFFSET AND SHALL BE DEPOSITED IN THE 4 UNEMPLOYMENT INSURANCE CONTROL FUND ESTABLISHED PURSUANT TO SUBDIVISION 5 TWO OF SECTION FIVE HUNDRED FIFTY-TWO-B OF THIS ARTICLE. 6 S 9. Subdivision 1 of section 596 of the labor law, as amended by 7 chapter 204 of the laws of 1982, is amended to read as follows: 8 1. Claim filing and certification to unemployment. A claimant shall 9 file a claim for benefits [at] WITH the [local state employment office 10 serving the area in which he was last employed or in which he resides] 11 DEPARTMENT'S UNEMPLOYMENT INSURANCE DIVISION within such time and in 12 such manner as the commissioner shall prescribe. He shall disclose 13 whether he owes child support obligations, as hereafter defined. If a 14 claimant making such disclosure is eligible for benefits, the commis- 15 sioner shall notify the state or local child support enforcement agency, 16 as hereafter defined, that the claimant is eligible. 17 A claimant shall correctly report any days of employment and any 18 compensation he received for such employment, including employments not 19 subject to this article, and the days on which he was totally unemployed 20 and shall make such reports in accordance with such regulations as the 21 commissioner shall prescribe. 22 S 10. Section 575 of the labor law is amended by adding a new subdivi- 23 sion 2 to read as follows: 24 2. PENALTIES. IF ANY EMPLOYER FAILS TO COMPLY WITH THE PROVISIONS IN 25 SUBDIVISION ONE OF THIS SECTION, THE COMMISSIONER MAY IMPOSE A PENALTY 26 OF NOT LESS THAN FIFTY DOLLARS NOR MORE THAN FIVE HUNDRED DOLLARS FOR 27 EACH DAY'S FAILURE TO KEEP THE RECORDS AND/OR FURNISH THE RECORDS 28 REQUIRED UNDER SUBDIVISION ONE OF THIS SECTION. EACH DAY'S FAILURE TO 29 KEEP AND/OR FURNISH THE RECORDS REQUIRED UNDER SUBDIVISION ONE OF THIS 30 SECTION SHALL CONSTITUTE A SEPARATE OFFENSE. IN ASSESSING THE AMOUNT OF 31 THE PENALTY, OR THE PERIOD FOR WHICH THE PENALTY SHALL APPLY, THE 32 COMMISSIONER SHALL GIVE DUE CONSIDERATION TO THE SIZE OF THE EMPLOYER'S 33 BUSINESS, THE GOOD FAITH OF THE EMPLOYER, THE GRAVITY OF THE VIOLATION, 34 THE HISTORY OF PREVIOUS VIOLATIONS AND FAILURE TO COMPLY WITH THE 35 PAYMENT, RECORDKEEPING, AUDIT AND REPORTING REQUIREMENTS OF THIS ARTI- 36 CLE. 37 S 11. Subdivision 4 of section 575 of the labor law, as amended by 38 chapter 634 of the laws of 1952 and as renumbered by chapter 639 of the 39 laws of 1954, is amended to read as follows: 40 [4] 3. Collection and disposition of penalties. Any penalty pursuant 41 to the provisions of this section AND SECTION FIVE HUNDRED 42 SEVENTY-FIVE-A OF THIS TITLE shall be assessed, collected, and paid into 43 the [fund] UNEMPLOYMENT INSURANCE CONTROL FUND ESTABLISHED PURSUANT TO 44 SECTION FIVE HUNDRED FIFTY-TWO-B OF THIS ARTICLE in the same manner as 45 if it were a deficiency, in accordance with the provisions of this 46 title. 47 S 12. Subdivision 4 of section 575-a of the labor law is REPEALED. 48 S 13. Section 630 of the labor law, as added by chapter 705 of the 49 laws of 1944, is amended to read as follows: 50 S 630. Penalties. Any misdemeanor defined in this title shall be 51 punishable by a fine of not more than [five hundred] ONE THOUSAND 52 dollars or imprisonment for not more than one year, or both. 53 The penalties and misdemeanors imposed by this title are in addition 54 to those otherwise prescribed in this entire article. 55 S 14. Section 605 of the labor law, as amended by section 2 of chapter 56 81 of the laws of 1992, is amended to read as follows: A. 11607 13 1 S 605. Qualified employers; application. An employer who has at least 2 [five] TWO full time employees may apply to participate in a shared work 3 program. The application shall be made according to such forms and 4 procedures as the commissioner may specify and shall include such infor- 5 mation as the commissioner may require. The commissioner shall not 6 approve such application unless the employer (1) agrees that for the 7 duration of the program it will not eliminate or diminish health insur- 8 ance, medical insurance, or any other fringe benefits provided to 9 employees immediately prior to the application; (2) certifies that the 10 collective bargaining agent for the employees, if any, has agreed to 11 participate in the program; (3) certifies that if not for the shared 12 work program to be initiated the employer would reduce or would have 13 reduced its work force to a degree equivalent to the total number of 14 working hours proposed to be reduced or restricted for all included 15 employees; (4) certifies that it will not hire additional part time or 16 full time employees for the affected work force while the program is in 17 operation; and (5) agrees that no participant of the program shall 18 receive, in the aggregate, more than twenty weeks of benefits exclusive 19 of the waiting week. 20 S 15. Severability. If any amendment contained in a clause, sentence, 21 paragraph, section or part of this act shall be adjudged by the United 22 States Department of Labor to violate requirements for maintaining bene- 23 fit standards required of the state in order to be eligible for any 24 financial benefit offered through federal law or regulation including, 25 but not limited to, the waiver of interest on advances or the waiver of 26 obligations to repay such advances to the state unemployment insurance 27 fund, such amendments shall be severed from this act and shall not 28 affect, impair or invalidate the remainder thereof. 29 S 16. This act shall take effect immediately, except that: 30 a. sections one, three and five of this act shall take effect January 31 1, 2011 and shall apply to all wages payable in the taxable year begin- 32 ning with such date; 33 b. section four of this act shall take effect ninety days after this 34 act shall have become a law and shall apply to charges related to all 35 full weeks of benefits paid on or after the effective date of such 36 section; 37 c. section seven of this act shall take effect one hundred twenty days 38 after this act shall have become a law and shall apply only to valid 39 original claims filed on or after the effective date of such section; 40 d. section six of this act shall take effect January 1, 2011 and shall 41 apply to all persons receiving regular unemployment insurance benefits 42 on such date and to new benefit claims payable after such date; 43 e. section eight of this act shall take effect sixty days after this 44 act shall have become a law and shall apply to all willful false state- 45 ments or misrepresentations made on or after the effective date of such 46 section and determinations and penalties arising therefrom; and 47 f. sections ten and eleven of this act shall take effect sixty days 48 after this act shall have become a law and shall apply to all violations 49 committed on or after the effective date of such sections.