S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2873
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   January 29, 2015
                                      ___________
       Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
         printed to be committed to the Committee on Labor
       AN ACT to amend the labor law, in relation to the calculation of  weekly
         employment  insurance  benefits  for  workers  who are partially unem-
         ployed; and repealing 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. Section 522 of the labor law, as amended by chapter 720 of
    2  the laws of 1953, is amended to read as follows:
    3    S 522. Total unemployment AND PARTIAL UNEMPLOYMENT.  "Total  unemploy-
    4  ment"  means  the  total  lack of any employment [on any day] DURING ANY
    5  WEEK. "PARTIAL EMPLOYMENT" MEANS ANY EMPLOYMENT DURING ANY WEEK THAT  IS
    6  LESS  THAN FULL-TIME EMPLOYMENT SO LONG AS THE COMPENSATION PAID IS LESS
    7  THAN THE CLAIMANT'S WEEKLY BENEFIT  RATE  PLUS  THE  CLAIMANT'S  PARTIAL
    8  BENEFIT  CREDIT. The term "employment" as used in this section means any
    9  employment including that not defined in this title.
   10    S 2. Section 523 of the labor law is REPEALED and a new section 523 is
   11  added to read as follows:
   12    S 523. EFFECTIVE WEEK. "EFFECTIVE WEEK" MEANS (A) A WEEK DURING  WHICH
   13  A  CLAIMANT  PERFORMS NO SERVICES FOR WHICH THE CLAIMANT IS PAID COMPEN-
   14  SATION, OR (B) A WEEK DURING WHICH A CLAIMANT  PERFORMS  SERVICES  ON  A
   15  PART-TIME BASIS FOR WHICH THE CLAIMANT IS PAID COMPENSATION THAT IS LESS
   16  THAN  THE CLAIMANT'S WEEKLY BENEFIT RATE PLUS HIS OR HER PARTIAL BENEFIT
   17  CREDIT.
   18    S 3. The labor law is amended by adding a new section 525 to  read  as
   19  follows:
   20    S  525.  PARTIAL  BENEFIT  CREDIT. "PARTIAL BENEFIT CREDIT" MEANS THAT
   21  PART OF THE COMPENSATION, IF ANY, PAID TO A CLAIMANT WITH RESPECT  TO  A
   22  WEEK  FOR  WHICH  BENEFITS  ARE CLAIMED UNDER THE PROVISIONS OF THIS LAW
   23  WHICH IS NOT IN EXCESS OF FIFTY PER CENTUM OF  THE  INDIVIDUAL'S  WEEKLY
   24  BENEFIT  RATE,  OR  ONE  HUNDRED DOLLARS, WHICHEVER IS THE GREATER. SUCH
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06733-02-5
       S. 2873                             2
    1  PARTIAL BENEFIT CREDIT, IF NOT  A  MULTIPLE  OF  ONE  DOLLAR,  SHALL  BE
    2  COMPUTED TO THE NEXT HIGHER MULTIPLE OF ONE DOLLAR.
    3    S  4.  Subdivision  4  of  section 527 of the labor law, as amended by
    4  chapter 832 of the laws of 1968 and as renumbered by chapter 381 of  the
    5  laws of 1984, is amended to read as follows:
    6    4.  General  condition.  A valid original claim may be filed only in a
    7  week [in which the claimant has at least one effective day of  unemploy-
    8  ment] THAT QUALIFIES AS AN EFFECTIVE WEEK OF UNEMPLOYMENT FOR THE CLAIM-
    9  ANT.
   10    S  5.  Subparagraph 2 of paragraph (e) of subdivision 1 of section 581
   11  of the labor law, as amended by chapter 282 of  the  laws  of  2002  and
   12  clause  (v)  as  added by chapter 106 of the laws of 2007, is amended to
   13  read as follows:
   14    (2) Benefits payable to any claimant with respect  to  the  claimant's
   15  then current benefit year shall be charged, when paid, to the account of
   16  the  last  employer  prior to the filing of a valid original claim in an
   17  amount equal to seven times the  claimant's  benefit  rate.  Thereafter,
   18  such  charges  shall be made to the account of each employer in the base
   19  period used to establish the valid original claim in the same proportion
   20  that the remuneration paid by each employer to the claimant during  that
   21  base  period  bears  to  the  remuneration  paid by all employers to the
   22  claimant during that base period except as provided below:
   23    (i) In those instances where the claimant may not utilize  wages  paid
   24  to  establish  entitlement  based  upon  subdivision ten of section five
   25  hundred ninety of this article and an  educational  institution  is  the
   26  claimant's  last employer prior to the filing of the claim for benefits,
   27  or the claimant performed services in such  educational  institution  in
   28  such  capacity  while employed by an educational service agency which is
   29  the claimant's last employer prior to the filing of the claim for  bene-
   30  fits,  such  employer  shall  not  be liable for benefit charges for the
   31  first [twenty-eight effective days] SEVEN EFFECTIVE  WEEKS  of  benefits
   32  paid  as  otherwise  provided by this section. Under such circumstances,
   33  benefits paid shall be charged to  the  general  account.  In  addition,
   34  wages  paid  during the base period by such educational institutions, or
   35  for services in such educational institutions for claimants employed  by
   36  an  educational service agency shall not be considered base period wages
   37  during periods that such wages may not be used to  gain  entitlement  to
   38  benefits  pursuant  to subdivision ten of section five hundred ninety of
   39  this article.
   40    (ii) In those instances where the claimant may not utilize wages  paid
   41  to  establish  entitlement based upon subdivision eleven of section five
   42  hundred ninety of this article and an  educational  institution  is  the
   43  claimant's  last employer prior to the filing of the claim for benefits,
   44  or the claimant performed services in such  educational  institution  in
   45  such  capacity  while employed by an educational service agency which is
   46  the claimant's last employer prior to the filing of the claim for  bene-
   47  fits,  such  employer  shall  not  be liable for benefit charges for the
   48  first [twenty-eight effective days] SEVEN EFFECTIVE  WEEKS  of  benefits
   49  paid  as  otherwise  provided by this section. Under such circumstances,
   50  benefits paid will be charged to the general account. In addition, wages
   51  paid during the base period by such  educational  institutions,  or  for
   52  services  in  such educational institutions for claimants employed by an
   53  educational service agency shall not be  considered  base  period  wages
   54  during  periods  that  such wages may not be used to gain entitlement to
   55  benefits pursuant to subdivision eleven of section five  hundred  ninety
   56  of  this  article.  However, in those instances where a claimant was not
       S. 2873                             3
    1  afforded an opportunity to perform services for the educational institu-
    2  tion for the next academic year or term after reasonable  assurance  was
    3  provided,  such employer shall be liable for benefit charges as provided
    4  for in this paragraph for any retroactive payments made to the claimant.
    5    (iii)  In  those  instances where the federal government is the claim-
    6  ant's last employer prior to the filing of the claim  for  benefits  and
    7  such employer is not a base-period employer, payments equaling the first
    8  [twenty-eight  effective  days]  SEVEN  EFFECTIVE  WEEKS  of benefits as
    9  otherwise prescribed by this section shall be  charged  to  the  general
   10  account.  In  those instances where the federal government is the claim-
   11  ant's last employer prior to the filing of the claim for benefits and  a
   12  base-period  employer, such employer shall be liable for charges for all
   13  benefits paid on such claim in the same proportion that the remuneration
   14  paid by such employer during the base period bears to  the  remuneration
   15  paid  by  all  employers  during  the  base period. In addition, benefit
   16  payment charges for the first [twenty-eight effective days] SEVEN EFFEC-
   17  TIVE WEEKS of benefits  other  than  those  chargeable  to  the  federal
   18  government as prescribed above shall be made to the general account.
   19    (iv)  In those instances where a combined wage claim is filed pursuant
   20  to interstate reciprocal agreements and  the  claimant's  last  employer
   21  prior  to  the  filing of the claim is an out-of-state employer and such
   22  employer is not a base-period employer, benefit  payments  equaling  the
   23  first [twenty-eight effective days] SEVEN EFFECTIVE WEEKS of benefits as
   24  otherwise  prescribed  by  this  section shall be charged to the general
   25  account. In those instances where the out-of-state employer is the  last
   26  employer prior to the filing of the claim for benefits and a base-period
   27  employer such employer shall be liable for charges for all benefits paid
   28  on  such claim in the same proportion that the remuneration paid by such
   29  employer during the base period bears to the remuneration  paid  by  all
   30  employers  during  the base period. In addition, benefit payment charges
   31  for the [twenty-eight effective days] SEVEN EFFECTIVE WEEKS of  benefits
   32  other  than  those chargeable to the out-of-state employer as prescribed
   33  above shall be made to the general account.
   34    (v) In those instances where the last employer prior to the filing  of
   35  a  valid  original  claim  has  paid  total remuneration to the claimant
   36  during the period from the start of the base period  used  to  establish
   37  the  benefit  claim until the date of the claimant's filing of the valid
   38  original claim in an amount less than or equal to six times  the  claim-
   39  ant's  benefit  rate and the last employer has substantiated such amount
   40  to the satisfaction of the commissioner within ten days of  the  commis-
   41  sioner's  original  notice  of potential charges to such last employer's
   42  account, benefits shall be charged as follows: benefits payable  to  the
   43  claimant  with respect to the claimant's then current benefit year shall
   44  be charged, when paid, to the account of such last employer prior to the
   45  filing of a valid original claim in an amount equal to the lowest  whole
   46  number  (one, two, three, four, five, or six) times the claimant's bene-
   47  fit rate where the product of such lowest whole number times the  claim-
   48  ant's  benefit  rate is equal to or greater than such total remuneration
   49  paid by such last employer to the claimant.   Thereafter,  such  charges
   50  shall be made to the account of each employer in the base period used to
   51  establish  the  valid  original  claim  in  the same proportion that the
   52  remuneration paid by each employer to  the  claimant  during  that  base
   53  period  bears  to the remuneration paid by all employers to the claimant
   54  during that base period.  Notice  of  such  recalculation  of  potential
   55  charges  shall  be  given  to the last employer and each employer of the
   56  claimant in the base period used to establish the valid original claim.
       S. 2873                             4
    1    S 6. Subdivision 1 of section 590 of the  labor  law,  as  amended  by
    2  chapter 645 of the laws of 1951, is amended to read as follows:
    3    1. Entitlement to benefits. A claimant shall be entitled to accumulate
    4  effective  [days] WEEKS for the purpose of benefit rights only if he has
    5  complied with the provisions of this article regarding the filing of his
    6  claim, including the filing of a valid  original  claim,  registered  as
    7  totally  OR PARTIALLY unemployed, reported his subsequent employment and
    8  unemployment, and reported for work or otherwise  given  notice  of  the
    9  continuance of his unemployment.
   10    S  7.  Subdivision  3  of  section 590 of the labor law, as amended by
   11  chapter 645 of the laws of 1951, is amended to read as follows:
   12    3. Compensable periods. Benefits shall be paid for each  [accumulation
   13  of] effective [days within a] week.
   14    S  8.  Subdivision  4  of  section 590 of the labor law, as amended by
   15  chapter 457 of the laws of 1987, is amended to read as follows:
   16    4. Duration. Benefits shall not be paid [for more than one hundred and
   17  four effective days] IN AN AMOUNT  GREATER  THAN  TWENTY-SIX  TIMES  THE
   18  CLAIMANT'S  WEEKLY  BENEFIT RATE in any benefit year, except as provided
   19  in section six hundred one and subdivision two of section  five  hundred
   20  ninety-nine of this chapter.
   21    S  9.  Subdivision  5  of  section  590 of the labor law is amended by
   22  adding two new paragraphs (c) and (d) to read as follows:
   23    (C) BENEFIT FOR PARTIAL UNEMPLOYMENT. EXCEPT AS PROVIDED IN  PARAGRAPH
   24  (D)  OF  THIS SUBDIVISION, ANY CLAIMANT WHO IS PARTIALLY UNEMPLOYED WITH
   25  RESPECT TO ANY EFFECTIVE WEEK SHALL BE PAID, WITH RESPECT TO SUCH EFFEC-
   26  TIVE WEEK, A BENEFIT EQUAL TO HIS WEEKLY BENEFIT RATE LESS THE TOTAL  OF
   27  THE  REMUNERATION,  IF  ANY, PAID OR PAYABLE TO HIM WITH RESPECT TO SUCH
   28  WEEK FOR SERVICES PERFORMED WHICH IS IN EXCESS OF  HIS  PARTIAL  BENEFIT
   29  CREDIT.
   30    (D) BENEFIT FOR PARTIAL UNEMPLOYMENT FOR CERTAIN CLAIMANTS WORKING ONE
   31  DAY  IN A WEEK. ANY CLAIMANT WHO IS PARTIALLY UNEMPLOYED WITH RESPECT TO
   32  ANY EFFECTIVE WEEK BUT WHOSE EMPLOYMENT IS LIMITED  TO  ONE  DAY  DURING
   33  THAT  EFFECTIVE  WEEK AND WHOSE REMUNERATION PAID OR PAYABLE TO HIM WITH
   34  RESPECT TO SUCH WEEK FOR SERVICES PERFORMED  IS  LESS  THAN  HIS  WEEKLY
   35  BENEFIT RATE SHALL BE PAID, WITH RESPECT TO SUCH EFFECTIVE WEEK, A BENE-
   36  FIT  EQUAL  TO  THREE-QUARTERS OF HIS WEEKLY BENEFIT RATE, OR IF HIGHER,
   37  THE BENEFIT CALCULATED PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION.
   38    S 10. Subdivision 6 of section 590 of the labor law, as added by chap-
   39  ter 720 of the laws of 1953 and as renumbered by chapter 675 of the laws
   40  of 1977, is amended to read as follows:
   41    6. Notification requirement. No effective [day] WEEK shall be  counted
   42  for  any purposes except effective [days] WEEKS as to which notification
   43  has been given in a manner prescribed by the commissioner.
   44    S 11. Subdivision 7 of section 590 of the labor  law,  as  amended  by
   45  chapter 415 of the laws of 1983, is amended to read as follows:
   46    7.  Waiting  period.  A  claimant  shall not be entitled to accumulate
   47  effective [days] WEEKS for the purpose of benefit payments until he  has
   48  accumulated a waiting period of [four effective days either wholly with-
   49  in  the  week in which he established his valid original claim or partly
   50  within such week and partly within his benefit year  initiated  by  such
   51  claim] ONE EFFECTIVE WEEK.
   52    S  12.  Subdivision  1  of section 591 of the labor law, as amended by
   53  chapter 413 of the laws of 2003, is amended to read as follows:
   54    1. Unemployment. Benefits, except as provided in section five  hundred
   55  ninety-one-a  of  this  title,  shall  be paid only to a claimant who is
   56  totally unemployed OR PARTIALLY UNEMPLOYED and who is unable  to  engage
       S. 2873                             5
    1  in  his  usual  employment  or  in  any other for which he is reasonably
    2  fitted by training and experience. A claimant who is receiving  benefits
    3  under  this  article  shall not be denied such benefits pursuant to this
    4  subdivision or to subdivision two of this section because of such claim-
    5  ant's  service  on  a  grand or petit jury of any state or of the United
    6  States.
    7    S 13. Paragraph (a) of subdivision 3 of section 591 of the  labor  law
    8  is REPEALED and a new paragraph (a) is added to read as follows:
    9    (A) COMPENSATION PAID TO A CLAIMANT FOR ANY DAY DURING A PAID VACATION
   10  PERIOD,  OR  FOR  A  PAID HOLIDAY, SHALL BE CONSIDERED COMPENSATION FROM
   11  EMPLOYMENT.
   12    S 14. Subparagraph (i) of paragraph (b) of subdivision  2  of  section
   13  591-a of the labor law, as amended by section 14 of part O of chapter 57
   14  of the laws of 2013, is amended to read as follows:
   15    (i)  requirements relating to total unemployment AND PARTIAL UNEMPLOY-
   16  MENT, as defined in section five hundred  twenty-two  of  this  article,
   17  availability  for  work and search for work, as set forth in subdivision
   18  two of section five hundred ninety-one of  this  title  and  refusal  to
   19  accept  work,  as  set  forth in subdivision two of section five hundred
   20  ninety-three of this title, are not applicable to such individuals;
   21    S 15. Subdivision 2 of section 592 of the labor  law,  as  amended  by
   22  chapter 415 of the laws of 1983, is amended to read as follows:
   23    2.  Concurrent payments prohibited. No [days] WEEKS of total unemploy-
   24  ment OR PARTIAL UNEMPLOYMENT shall be deemed to occur in any  week  with
   25  respect  to  which  [or  a  part of which] a claimant has received or is
   26  seeking unemployment benefits under an unemployment compensation law  of
   27  any  other  state  or of the United States, provided that this provision
   28  shall not apply if the appropriate agency of such other state or of  the
   29  United  States  finally determines that he is not entitled to such unem-
   30  ployment benefits.
   31    S 16. Paragraph (a) of subdivision 1 of section 593 of the labor  law,
   32  as amended by section 15 of part O of chapter 57 of the laws of 2013, is
   33  amended to read as follows:
   34    (a)  No  [days]  WEEKS  of  total unemployment OR PARTIAL UNEMPLOYMENT
   35  shall be deemed to occur after a claimant's voluntary separation without
   36  good cause from employment until he or she has  subsequently  worked  in
   37  employment  and  earned  remuneration at least equal to ten times his or
   38  her weekly benefit rate. In addition to other circumstances that may  be
   39  found  to constitute good cause, including a compelling family reason as
   40  set forth in paragraph (b) of  this  subdivision,  voluntary  separation
   41  from  employment  shall  not  in itself disqualify a claimant if circum-
   42  stances have developed in the course of such employment that would  have
   43  justified the claimant in refusing such employment in the first instance
   44  under  the  terms of subdivision two of this section or if the claimant,
   45  pursuant to an option provided under a collective  bargaining  agreement
   46  or  written  employer  plan  which permits waiver of his or her right to
   47  retain the employment when there is a temporary layoff because  of  lack
   48  of  work,  has  elected  to  be separated for a temporary period and the
   49  employer has consented thereto.
   50    S 17. The opening paragraph of subdivision 2 of  section  593  of  the
   51  labor  law, as amended by section 15 of part O of chapter 57 of the laws
   52  of 2013, is amended to read as follows:
   53    No [days] WEEKS of total unemployment OR PARTIAL UNEMPLOYMENT shall be
   54  deemed to occur beginning with the [day on] WEEK IN  which  a  claimant,
   55  without  good  cause, refuses to accept an offer of employment for which
   56  he or she is reasonably fitted by  training  and  experience,  including
       S. 2873                             6
    1  employment not subject to this article, until he or she has subsequently
    2  worked in employment and earned remuneration at least equal to ten times
    3  his  or  her  weekly  benefit  rate.  Except  that claimants who are not
    4  subject to a recall date or who do not obtain employment through a union
    5  hiring  hall  and  who are still unemployed after receiving ten weeks of
    6  benefits shall be required to accept any employment proffered that  such
    7  claimants are capable of performing, provided that such employment would
    8  result  in  a  wage not less than eighty percent of such claimant's high
    9  calendar quarter wages received in the base period and not substantially
   10  less than the prevailing wage  for  similar  work  in  the  locality  as
   11  provided  for in paragraph (d) of this subdivision. No refusal to accept
   12  employment shall be deemed without good cause nor  shall  it  disqualify
   13  any claimant otherwise eligible to receive benefits if:
   14    S  18.  Subdivision  3  of section 593 of the labor law, as amended by
   15  section 15 of part O of chapter 57 of the laws of 2013,  is  amended  to
   16  read as follows:
   17    3.  Misconduct. No [days] WEEKS of total unemployment OR PARTIAL UNEM-
   18  PLOYMENT shall be deemed to  occur  after  a  claimant  lost  employment
   19  through  misconduct in connection with his or her employment until he or
   20  she has subsequently worked in employment  and  earned  remuneration  at
   21  least equal to ten times his or her weekly benefit rate.
   22    S  19.  Subdivision  4  of section 593 of the labor law, as amended by
   23  chapter 589 of the laws of 1998, is amended to read as follows:
   24    4. Criminal acts. No [days] WEEKS of  total  unemployment  OR  PARTIAL
   25  UNEMPLOYMENT  shall  be deemed to occur during a period of twelve months
   26  after a claimant loses employment as a result of an act  constituting  a
   27  felony in connection with such employment, provided the claimant is duly
   28  convicted thereof or has signed a statement admitting that he or she has
   29  committed  such an act.  Determinations regarding a benefit claim may be
   30  reviewed at any time.  Any benefits paid to a claimant prior to a deter-
   31  mination that the claimant has lost employment as a result of  such  act
   32  shall  not  be  considered to have been accepted by the claimant in good
   33  faith. In addition, remuneration paid to the claimant  by  the  affected
   34  employer prior to the claimant's loss of employment due to such criminal
   35  act may not be utilized for the purpose of establishing entitlement to a
   36  subsequent,  valid  original  claim.  The provisions of this subdivision
   37  shall apply even if the employment lost as a result of such act  is  not
   38  the claimant's last employment prior to the filing of his or her claim.
   39    S 20. Subdivisions 1 and 2 of section 594 of the labor law, as amended
   40  by  section  16 of part O of chapter 57 of the laws of 2013, are amended
   41  to read as follows:
   42    (1) A claimant who has wilfully made a false  statement  or  represen-
   43  tation  to obtain any benefit under the provisions of this article shall
   44  forfeit benefits for at least the first [four] ONE but not more than the
   45  first [eighty] TWENTY effective [days] WEEKS following discovery of such
   46  offense for which he or  she  otherwise  would  have  been  entitled  to
   47  receive  benefits.  Such  penalty  shall apply only once with respect to
   48  each such offense.
   49    (2) For the purpose of subdivision four of section five hundred ninety
   50  of this article, the claimant shall be deemed to have received  benefits
   51  for such forfeited effective [days] WEEKS.
   52    S  21.  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 was last employed or in  which  he  resides  within
       S. 2873                             7
    1  such  time  and  in  such manner as the commissioner shall prescribe. He
    2  shall disclose whether he owes child support obligations,  as  hereafter
    3  defined.  If a claimant making such disclosure is eligible for benefits,
    4  the  commissioner shall notify the state or local child support enforce-
    5  ment agency, as hereafter defined, that the claimant is eligible.
    6    A claimant shall correctly report any [days] WEEKS of  employment  and
    7  any  compensation he received for such employment, including employments
    8  not subject to this article, and the [days on] WEEKS DURING which he was
    9  totally unemployed OR PARTIALLY UNEMPLOYED and shall make  such  reports
   10  in accordance with such regulations as the commissioner shall prescribe.
   11    S 22. Subdivision 4 of section 596 of the labor law, as added by chap-
   12  ter 705 of the laws of 1944, as renumbered by section 148-a of part B of
   13  chapter 436 of the laws of 1997, is amended to read as follows:
   14    4.  Registration  and reporting for work. A claimant shall register as
   15  totally unemployed OR PARTIALLY UNEMPLOYED at a local  state  employment
   16  office  serving  the  area  in which he was last employed or in which he
   17  resides in accordance with such regulations as  the  commissioner  shall
   18  prescribe.  After so registering, such claimant shall report for work at
   19  the same local state employment office or otherwise give notice  of  the
   20  continuance  of  his  unemployment  as  often  and in such manner as the
   21  commissioner shall prescribe.
   22    S 23. Paragraph (a) of subdivision 2 of section 599 of the labor  law,
   23  as  amended  by  chapter  593 of the laws of 1991, is amended to read as
   24  follows:
   25    (a) Notwithstanding any other provision of this  chapter,  a  claimant
   26  attending  an approved training course or program under this section may
   27  receive additional benefits of  up  to  [one  hundred  four]  TWENTY-SIX
   28  effective  [days]  WEEKS  following  exhaustion  of  regular  and, if in
   29  effect, any other extended benefits, provided that entitlement to a  new
   30  benefit  claim  cannot be established. Certification of continued satis-
   31  factory participation and progress in such training  course  or  program
   32  must  be  submitted to the commissioner prior to the payment of any such
   33  benefits. The duration of such additional  benefits  shall  in  no  case
   34  exceed twice the number of effective [days] WEEKS of regular benefits to
   35  which  the claimant is entitled at the time the claimant is accepted in,
   36  or demonstrates application for appropriate training.
   37    S 24. The opening paragraph and paragraph  (e)  of  subdivision  2  of
   38  section  601  of  the labor law, as amended by chapter 35 of the laws of
   39  2009, are amended to read as follows:
   40    Extended benefits shall be payable to a claimant for effective  [days]
   41  WEEKS occurring [in any week] within an eligibility period, provided the
   42  claimant
   43    (e)  is  not  claiming  benefits pursuant to an interstate claim filed
   44  under the interstate benefit payment plan in a state where  an  extended
   45  benefit  period  is  not in effect, except that this condition shall not
   46  apply with respect to the first [eight] TWO effective [days]  WEEKS  for
   47  which extended benefits shall otherwise be payable pursuant to an inter-
   48  state claim filed under the interstate benefit payment plan; and
   49    S  25.  Paragraphs  (b) and (c) of subdivision 3 of section 601 of the
   50  labor law, as amended by chapter 35 of the laws of 2009, are amended  to
   51  read as follows:
   52    (b) for not more than [fifty-two] THIRTEEN effective [days] WEEKS with
   53  respect  to  his  or  her  applicable benefit year, with a total maximum
   54  amount equal to fifty percentum of the total maximum amount  of  regular
   55  benefits payable in such benefit year, and
       S. 2873                             8
    1    (c) if a claimant's benefit year ends within an extended benefit peri-
    2  od,  the remaining balance of extended benefits to which he or she would
    3  be entitled, if any, shall be reduced by the number of effective  [days]
    4  WEEKS  for  which  he  or she was entitled to receive trade readjustment
    5  allowances  under the federal trade act of nineteen hundred seventy-four
    6  during such benefit year, and
    7    S 26. Subdivision 4 of section 601 of the labor  law,  as  amended  by
    8  chapter 35 of the laws of 2009, is amended to read as follows:
    9    4.  Charging  of extended benefits. The provisions of paragraph (e) of
   10  subdivision one of section five hundred eighty-one of this article shall
   11  apply to benefits paid pursuant to the provisions of this  section,  and
   12  if  they were paid for effective [days occurring in] weeks following the
   13  end of a benefit year, they shall be deemed paid with  respect  to  that
   14  benefit  year.  However,  except for governmental entities as defined in
   15  section five hundred sixty-five and Indian tribes as defined in  section
   16  five  hundred  sixty-six of this article, only one-half of the amount of
   17  such benefits shall be debited to the employers' account; the  remainder
   18  thereof  shall be debited to the general account, and such account shall
   19  be credited with the amount of payments received in the fund pursuant to
   20  the provisions of the federal-state extended  unemployment  compensation
   21  act.  Notwithstanding  the  foregoing,  where  the  state has entered an
   22  extended benefit period triggered pursuant to subparagraph one of  para-
   23  graph  (a)  of  subdivision  one  of  this section for which federal law
   24  provides for one hundred percent federal sharing of the costs  of  bene-
   25  fits,  all  charges  shall  be  debited  to the general account and such
   26  account shall be credited with the amount of payments  received  in  the
   27  fund  pursuant to the provisions of the federal-state extended unemploy-
   28  ment compensation act or other federal law  providing  for  one  hundred
   29  percent federal sharing for the cost of such benefits.
   30    S  27. Paragraph (b) of subdivision 5 of section 601 of the labor law,
   31  as amended by chapter 35 of the laws of 2009,  is  amended  to  read  as
   32  follows:
   33    (b)  No  [days]  WEEKS  of  total unemployment OR PARTIAL UNEMPLOYMENT
   34  shall be deemed to occur [in any  week]  within  an  eligibility  period
   35  during  which  a  claimant fails to accept any offer of suitable work or
   36  fails to apply for suitable work to which he or she was referred by  the
   37  commissioner, who shall make such referral if such work is available, or
   38  during  which  he  or  she  fails  to engage actively in seeking work by
   39  making a systematic and sustained effort to obtain  work  and  providing
   40  tangible  evidence  of  such  effort,  and until he or she has worked in
   41  employment during at least four subsequent weeks and earned remuneration
   42  of at least four times his or her benefit rate.
   43    S 28. Paragraph (e) of subdivision 5 of section 601 of the labor  law,
   44  as  amended  by  chapter  35  of the laws of 2009, is amended to read as
   45  follows:
   46    (e) No [days] WEEKS of  total  unemployment  OR  PARTIAL  UNEMPLOYMENT
   47  shall  be  deemed  to  occur  [in any week] within an eligibility period
   48  under section five hundred ninety-three of this article, until he or she
   49  has subsequently worked in employment in accordance  with  the  require-
   50  ments set forth in section five hundred ninety-three of this article.
   51    S 29. Section 603 of the labor law, as amended by section 21 of part O
   52  of chapter 57 of the laws of 2013, is amended to read as follows:
   53    S  603.  Definitions. For purposes of this title: "Total unemployment"
   54  shall mean the total lack of any employment [on any day] DURING ANY WEEK
   55  AND "PARTIAL UNEMPLOYMENT" SHALL MEAN ANY  EMPLOYMENT  DURING  ANY  WEEK
   56  THAT  IS LESS THAN FULL-TIME EMPLOYMENT SO LONG AS THE COMPENSATION PAID
       S. 2873                             9
    1  IS LESS THAN THE CLAIMANT'S WEEKLY  BENEFIT  RATE  PLUS  THE  CLAIMANT'S
    2  PARTIAL  BENEFIT  CREDIT,  other  than  with  an employer applying for a
    3  shared work program. "Work force" shall mean the  total  work  force,  a
    4  clearly  identifiable  unit  or  units thereof, or a particular shift or
    5  shifts. The work force subject to reduction shall  consist  of  no  less
    6  than two employees.
    7    S  30.  This act shall take effect immediately, provided, that section
    8  nine of this act shall take effect on the same  date  and  in  the  same
    9  manner  as  section 8 of part O of chapter 57 of the laws of 2013, takes
   10  effect; and provided further that the amendments  to  subdivision  1  of
   11  section  591  of  the labor law made by section twelve of this act shall
   12  not affect the expiration  of  such  subdivision  and  shall  be  deemed
   13  expired  therewith provided further that the amendments to section 591-a
   14  of the labor law made by section fourteen of this act shall  not  affect
   15  the expiration of such section and shall be deemed repealed therewith.