Bill Text: NY S02873 | 2015-2016 | General Assembly | Amended
Bill Title: Relates to the calculation of weekly unemployment insurance and the repeal of certain provisions relating thereto.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Introduced - Dead) 2016-01-06 - REFERRED TO LABOR [S02873 Detail]
Download: New_York-2015-S02873-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2873--A
2015-2016 Regular Sessions
I N S E N A T E
January 29, 2015
___________
Introduced by Sens. SAVINO, ADDABBO, AVELLA, PANEPINTO, PARKER, PERALTA
-- read twice and ordered printed, and when printed to be committed to
the Committee on Labor -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
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 Section 523 of the labor law is REPEALED and a new section 523 is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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06733-03-5
S. 2873--A 2
1 WHICH IS NOT IN EXCESS OF FIFTY PER CENTUM OF THE INDIVIDUAL'S WEEKLY
2 BENEFIT RATE, OR ONE HUNDRED DOLLARS, WHICHEVER IS THE GREATER. SUCH
3 PARTIAL BENEFIT CREDIT, IF NOT A MULTIPLE OF ONE DOLLAR, SHALL BE
4 COMPUTED TO THE NEXT HIGHER MULTIPLE OF ONE DOLLAR.
5 S 4. Subdivision 4 of section 527 of the labor law, as amended by
6 chapter 832 of the laws of 1968 and as renumbered by chapter 381 of the
7 laws of 1984, is amended to read as follows:
8 4. General condition. A valid original claim may be filed only in a
9 week [in which the claimant has at least one effective day of unemploy-
10 ment] THAT QUALIFIES AS AN EFFECTIVE WEEK OF UNEMPLOYMENT FOR THE CLAIM-
11 ANT.
12 S 5. Subparagraph 2 of paragraph (e) of subdivision 1 of section 581
13 of the labor law, as amended by chapter 282 of the laws of 2002 and
14 clause (v) as added by chapter 106 of the laws of 2007, is amended to
15 read as follows:
16 (2) Benefits payable to any claimant with respect to the claimant's
17 then current benefit year shall be charged, when paid, to the account of
18 the last employer prior to the filing of a valid original claim in an
19 amount equal to seven times the claimant's benefit rate. Thereafter,
20 such charges shall be made to the account of each employer in the base
21 period used to establish the valid original claim in the same proportion
22 that the remuneration paid by each employer to the claimant during that
23 base period bears to the remuneration paid by all employers to the
24 claimant during that base period except as provided below:
25 (i) In those instances where the claimant may not utilize wages paid
26 to establish entitlement based upon subdivision ten of section five
27 hundred ninety of this article and an educational institution is the
28 claimant's last employer prior to the filing of the claim for benefits,
29 or the claimant performed services in such educational institution in
30 such capacity while employed by an educational service agency which is
31 the claimant's last employer prior to the filing of the claim for bene-
32 fits, such employer shall not be liable for benefit charges for the
33 first [twenty-eight effective days] SEVEN EFFECTIVE WEEKS of benefits
34 paid as otherwise provided by this section. Under such circumstances,
35 benefits paid shall be charged to the general account. In addition,
36 wages paid during the base period by such educational institutions, or
37 for services in such educational institutions for claimants employed by
38 an educational service agency shall not be considered base period wages
39 during periods that such wages may not be used to gain entitlement to
40 benefits pursuant to subdivision ten of section five hundred ninety of
41 this article.
42 (ii) In those instances where the claimant may not utilize wages paid
43 to establish entitlement based upon subdivision eleven of section five
44 hundred ninety of this article and an educational institution is the
45 claimant's last employer prior to the filing of the claim for benefits,
46 or the claimant performed services in such educational institution in
47 such capacity while employed by an educational service agency which is
48 the claimant's last employer prior to the filing of the claim for bene-
49 fits, such employer shall not be liable for benefit charges for the
50 first [twenty-eight effective days] SEVEN EFFECTIVE WEEKS of benefits
51 paid as otherwise provided by this section. Under such circumstances,
52 benefits paid will be charged to the general account. In addition, wages
53 paid during the base period by such educational institutions, or for
54 services in such educational institutions for claimants employed by an
55 educational service agency shall not be considered base period wages
56 during periods that such wages may not be used to gain entitlement to
S. 2873--A 3
1 benefits pursuant to subdivision eleven of section five hundred ninety
2 of this article. However, in those instances where a claimant was not
3 afforded an opportunity to perform services for the educational institu-
4 tion for the next academic year or term after reasonable assurance was
5 provided, such employer shall be liable for benefit charges as provided
6 for in this paragraph for any retroactive payments made to the claimant.
7 (iii) In those instances where the federal government is the claim-
8 ant's last employer prior to the filing of the claim for benefits and
9 such employer is not a base-period employer, payments equaling the first
10 [twenty-eight effective days] SEVEN EFFECTIVE WEEKS of benefits as
11 otherwise prescribed by this section shall be charged to the general
12 account. In those instances where the federal government is the claim-
13 ant's last employer prior to the filing of the claim for benefits and a
14 base-period employer, such employer shall be liable for charges for all
15 benefits paid on such claim in the same proportion that the remuneration
16 paid by such employer during the base period bears to the remuneration
17 paid by all employers during the base period. In addition, benefit
18 payment charges for the first [twenty-eight effective days] SEVEN EFFEC-
19 TIVE WEEKS of benefits other than those chargeable to the federal
20 government as prescribed above shall be made to the general account.
21 (iv) In those instances where a combined wage claim is filed pursuant
22 to interstate reciprocal agreements and the claimant's last employer
23 prior to the filing of the claim is an out-of-state employer and such
24 employer is not a base-period employer, benefit payments equaling the
25 first [twenty-eight effective days] SEVEN EFFECTIVE WEEKS of benefits as
26 otherwise prescribed by this section shall be charged to the general
27 account. In those instances where the out-of-state employer is the last
28 employer prior to the filing of the claim for benefits and a base-period
29 employer such employer shall be liable for charges for all benefits paid
30 on such claim in the same proportion that the remuneration paid by such
31 employer during the base period bears to the remuneration paid by all
32 employers during the base period. In addition, benefit payment charges
33 for the [twenty-eight effective days] SEVEN EFFECTIVE WEEKS of benefits
34 other than those chargeable to the out-of-state employer as prescribed
35 above shall be made to the general account.
36 (v) In those instances where the last employer prior to the filing of
37 a valid original claim has paid total remuneration to the claimant
38 during the period from the start of the base period used to establish
39 the benefit claim until the date of the claimant's filing of the valid
40 original claim in an amount less than or equal to six times the claim-
41 ant's benefit rate and the last employer has substantiated such amount
42 to the satisfaction of the commissioner within ten days of the commis-
43 sioner's original notice of potential charges to such last employer's
44 account, benefits shall be charged as follows: benefits payable to the
45 claimant with respect to the claimant's then current benefit year shall
46 be charged, when paid, to the account of such last employer prior to the
47 filing of a valid original claim in an amount equal to the lowest whole
48 number (one, two, three, four, five, or six) times the claimant's bene-
49 fit rate where the product of such lowest whole number times the claim-
50 ant's benefit rate is equal to or greater than such total remuneration
51 paid by such last employer to the claimant. Thereafter, such charges
52 shall be made to the account of each employer in the base period used to
53 establish the valid original claim in the same proportion that the
54 remuneration paid by each employer to the claimant during that base
55 period bears to the remuneration paid by all employers to the claimant
56 during that base period. Notice of such recalculation of potential
S. 2873--A 4
1 charges shall be given to the last employer and each employer of the
2 claimant in the base period used to establish the valid original claim.
3 S 6. Subdivision 1 of section 590 of the labor law, as amended by
4 chapter 645 of the laws of 1951, is amended to read as follows:
5 1. Entitlement to benefits. A claimant shall be entitled to accumulate
6 effective [days] WEEKS for the purpose of benefit rights only if he has
7 complied with the provisions of this article regarding the filing of his
8 claim, including the filing of a valid original claim, registered as
9 totally OR PARTIALLY unemployed, reported his subsequent employment and
10 unemployment, and reported for work or otherwise given notice of the
11 continuance of his unemployment.
12 S 7. Subdivision 3 of section 590 of the labor law, as amended by
13 chapter 645 of the laws of 1951, is amended to read as follows:
14 3. Compensable periods. Benefits shall be paid for each [accumulation
15 of] effective [days within a] week.
16 S 8. Subdivision 4 of section 590 of the labor law, as amended by
17 chapter 457 of the laws of 1987, is amended to read as follows:
18 4. Duration. Benefits shall not be paid [for more than one hundred and
19 four effective days] IN AN AMOUNT GREATER THAN TWENTY-SIX TIMES THE
20 CLAIMANT'S WEEKLY BENEFIT RATE in any benefit year, except as provided
21 in section six hundred one and subdivision two of section five hundred
22 ninety-nine of this chapter.
23 S 9. Subdivision 5 of section 590 of the labor law is amended by
24 adding two new paragraphs (c) and (d) to read as follows:
25 (C) BENEFIT FOR PARTIAL UNEMPLOYMENT. EXCEPT AS PROVIDED IN PARAGRAPH
26 (D) OF THIS SUBDIVISION, ANY CLAIMANT WHO IS PARTIALLY UNEMPLOYED WITH
27 RESPECT TO ANY EFFECTIVE WEEK SHALL BE PAID, WITH RESPECT TO SUCH EFFEC-
28 TIVE WEEK, A BENEFIT EQUAL TO HIS WEEKLY BENEFIT RATE LESS THE TOTAL OF
29 THE REMUNERATION, IF ANY, PAID OR PAYABLE TO HIM WITH RESPECT TO SUCH
30 WEEK FOR SERVICES PERFORMED WHICH IS IN EXCESS OF HIS PARTIAL BENEFIT
31 CREDIT.
32 (D) BENEFIT FOR PARTIAL UNEMPLOYMENT FOR CERTAIN CLAIMANTS WORKING ONE
33 DAY IN A WEEK. ANY CLAIMANT WHO IS PARTIALLY UNEMPLOYED WITH RESPECT TO
34 ANY EFFECTIVE WEEK BUT WHOSE EMPLOYMENT IS LIMITED TO ONE DAY DURING
35 THAT EFFECTIVE WEEK AND WHOSE REMUNERATION PAID OR PAYABLE TO HIM WITH
36 RESPECT TO SUCH WEEK FOR SERVICES PERFORMED IS LESS THAN HIS WEEKLY
37 BENEFIT RATE SHALL BE PAID, WITH RESPECT TO SUCH EFFECTIVE WEEK, A BENE-
38 FIT EQUAL TO THREE-QUARTERS OF HIS WEEKLY BENEFIT RATE, OR IF HIGHER,
39 THE BENEFIT CALCULATED PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION.
40 S 10. Subdivision 6 of section 590 of the labor law, as added by chap-
41 ter 720 of the laws of 1953 and as renumbered by chapter 675 of the laws
42 of 1977, is amended to read as follows:
43 6. Notification requirement. No effective [day] WEEK shall be counted
44 for any purposes except effective [days] WEEKS as to which notification
45 has been given in a manner prescribed by the commissioner.
46 S 11. Subdivision 7 of section 590 of the labor law, as amended by
47 chapter 415 of the laws of 1983, is amended to read as follows:
48 7. Waiting period. A claimant shall not be entitled to accumulate
49 effective [days] WEEKS for the purpose of benefit payments until he has
50 accumulated a waiting period of [four effective days either wholly with-
51 in the week in which he established his valid original claim or partly
52 within such week and partly within his benefit year initiated by such
53 claim] ONE EFFECTIVE WEEK.
54 S 12. Subdivision 1 of section 591 of the labor law, as amended by
55 chapter 413 of the laws of 2003, is amended to read as follows:
S. 2873--A 5
1 1. Unemployment. Benefits, except as provided in section five hundred
2 ninety-one-a of this title, shall be paid only to a claimant who is
3 totally unemployed OR PARTIALLY UNEMPLOYED and who is unable to engage
4 in his usual employment or in any other for which he is reasonably
5 fitted by training and experience. A claimant who is receiving benefits
6 under this article shall not be denied such benefits pursuant to this
7 subdivision or to subdivision two of this section because of such claim-
8 ant's service on a grand or petit jury of any state or of the United
9 States.
10 S 13. Subdivision 1 of section 591 of the labor law, as amended by
11 chapter 446 of the laws of 1981, is amended to read as follows:
12 1. Unemployment. Benefits shall be paid only to a claimant who is
13 totally unemployed OR PARTIALLY UNEMPLOYED and who is unable to engage
14 in his usual employment or in any other for which he is reasonably
15 fitted by training and experience. A claimant who is receiving benefits
16 under this article shall not be denied such benefits pursuant to this
17 subdivision or to subdivision two of this section because of such claim-
18 ant's service on a grand or petit jury of any state or of the United
19 States.
20 S 14. Paragraph (a) of subdivision 3 of section 591 of the labor law
21 is REPEALED and a new paragraph (a) is added to read as follows:
22 (A) COMPENSATION PAID TO A CLAIMANT FOR ANY DAY DURING A PAID VACATION
23 PERIOD, OR FOR A PAID HOLIDAY, SHALL BE CONSIDERED COMPENSATION FROM
24 EMPLOYMENT.
25 S 15. Subparagraph (i) of paragraph (b) of subdivision 2 of section
26 591-a of the labor law, as amended by section 14 of part O of chapter 57
27 of the laws of 2013, is amended to read as follows:
28 (i) requirements relating to total unemployment AND PARTIAL UNEMPLOY-
29 MENT, as defined in section five hundred twenty-two of this article,
30 availability for work and search for work, as set forth in subdivision
31 two of section five hundred ninety-one of this title and refusal to
32 accept work, as set forth in subdivision two of section five hundred
33 ninety-three of this title, are not applicable to such individuals;
34 S 16. Subdivision 2 of section 592 of the labor law, as amended by
35 chapter 415 of the laws of 1983, is amended to read as follows:
36 2. Concurrent payments prohibited. No [days] WEEKS of total unemploy-
37 ment OR PARTIAL UNEMPLOYMENT shall be deemed to occur in any week with
38 respect to which [or a part of which] a claimant has received or is
39 seeking unemployment benefits under an unemployment compensation law of
40 any other state or of the United States, provided that this provision
41 shall not apply if the appropriate agency of such other state or of the
42 United States finally determines that he is not entitled to such unem-
43 ployment benefits.
44 S 17. Paragraph (a) of subdivision 1 of section 593 of the labor law,
45 as amended by section 15 of part O of chapter 57 of the laws of 2013, is
46 amended to read as follows:
47 (a) No [days] WEEKS of total unemployment OR PARTIAL UNEMPLOYMENT
48 shall be deemed to occur after a claimant's voluntary separation without
49 good cause from employment until he or she has subsequently worked in
50 employment and earned remuneration at least equal to ten times his or
51 her weekly benefit rate. In addition to other circumstances that may be
52 found to constitute good cause, including a compelling family reason as
53 set forth in paragraph (b) of this subdivision, voluntary separation
54 from employment shall not in itself disqualify a claimant if circum-
55 stances have developed in the course of such employment that would have
56 justified the claimant in refusing such employment in the first instance
S. 2873--A 6
1 under the terms of subdivision two of this section or if the claimant,
2 pursuant to an option provided under a collective bargaining agreement
3 or written employer plan which permits waiver of his or her right to
4 retain the employment when there is a temporary layoff because of lack
5 of work, has elected to be separated for a temporary period and the
6 employer has consented thereto.
7 S 18. The opening paragraph of subdivision 2 of section 593 of the
8 labor law, as amended by section 15 of part O of chapter 57 of the laws
9 of 2013, is amended to read as follows:
10 No [days] WEEKS of total unemployment OR PARTIAL UNEMPLOYMENT shall be
11 deemed to occur beginning with the [day on] WEEK IN which a claimant,
12 without good cause, refuses to accept an offer of employment for which
13 he or she is reasonably fitted by training and experience, including
14 employment not subject to this article, until he or she has subsequently
15 worked in employment and earned remuneration at least equal to ten times
16 his or her weekly benefit rate. Except that claimants who are not
17 subject to a recall date or who do not obtain employment through a union
18 hiring hall and who are still unemployed after receiving ten weeks of
19 benefits shall be required to accept any employment proffered that such
20 claimants are capable of performing, provided that such employment would
21 result in a wage not less than eighty percent of such claimant's high
22 calendar quarter wages received in the base period and not substantially
23 less than the prevailing wage for similar work in the locality as
24 provided for in paragraph (d) of this subdivision. No refusal to accept
25 employment shall be deemed without good cause nor shall it disqualify
26 any claimant otherwise eligible to receive benefits if:
27 S 19. Subdivision 3 of section 593 of the labor law, as amended by
28 section 15 of part O of chapter 57 of the laws of 2013, is amended to
29 read as follows:
30 3. Misconduct. No [days] WEEKS of total unemployment OR PARTIAL UNEM-
31 PLOYMENT shall be deemed to occur after a claimant lost employment
32 through misconduct in connection with his or her employment until he or
33 she has subsequently worked in employment and earned remuneration at
34 least equal to ten times his or her weekly benefit rate.
35 S 20. Subdivision 4 of section 593 of the labor law, as amended by
36 chapter 589 of the laws of 1998, is amended to read as follows:
37 4. Criminal acts. No [days] WEEKS of total unemployment OR PARTIAL
38 UNEMPLOYMENT shall be deemed to occur during a period of twelve months
39 after a claimant loses employment as a result of an act constituting a
40 felony in connection with such employment, provided the claimant is duly
41 convicted thereof or has signed a statement admitting that he or she has
42 committed such an act. Determinations regarding a benefit claim may be
43 reviewed at any time. Any benefits paid to a claimant prior to a deter-
44 mination that the claimant has lost employment as a result of such act
45 shall not be considered to have been accepted by the claimant in good
46 faith. In addition, remuneration paid to the claimant by the affected
47 employer prior to the claimant's loss of employment due to such criminal
48 act may not be utilized for the purpose of establishing entitlement to a
49 subsequent, valid original claim. The provisions of this subdivision
50 shall apply even if the employment lost as a result of such act is not
51 the claimant's last employment prior to the filing of his or her claim.
52 S 21. Subdivisions 1 and 2 of section 594 of the labor law, as amended
53 by section 16 of part O of chapter 57 of the laws of 2013, are amended
54 to read as follows:
55 (1) A claimant who has wilfully made a false statement or represen-
56 tation to obtain any benefit under the provisions of this article shall
S. 2873--A 7
1 forfeit benefits for at least the first [four] ONE but not more than the
2 first [eighty] TWENTY effective [days] WEEKS following discovery of such
3 offense for which he or she otherwise would have been entitled to
4 receive benefits. Such penalty shall apply only once with respect to
5 each such offense.
6 (2) For the purpose of subdivision four of section five hundred ninety
7 of this article, the claimant shall be deemed to have received benefits
8 for such forfeited effective [days] WEEKS.
9 S 22. Subdivision 1 of section 596 of the labor law, as amended by
10 chapter 204 of the laws of 1982, is amended to read as follows:
11 1. Claim filing and certification to unemployment. A claimant shall
12 file a claim for benefits at the local state employment office serving
13 the area in which he was last employed or in which he resides within
14 such time and in such manner as the commissioner shall prescribe. He
15 shall disclose whether he owes child support obligations, as hereafter
16 defined. If a claimant making such disclosure is eligible for benefits,
17 the commissioner shall notify the state or local child support enforce-
18 ment agency, as hereafter defined, that the claimant is eligible.
19 A claimant shall correctly report any [days] WEEKS of employment and
20 any compensation he received for such employment, including employments
21 not subject to this article, and the [days on] WEEKS DURING which he was
22 totally unemployed OR PARTIALLY UNEMPLOYED and shall make such reports
23 in accordance with such regulations as the commissioner shall prescribe.
24 S 23. Subdivision 4 of section 596 of the labor law, as added by chap-
25 ter 705 of the laws of 1944, as renumbered by section 148-a of part B of
26 chapter 436 of the laws of 1997 and such section as renumbered by chap-
27 ter 663 of the laws of 1946, is amended to read as follows:
28 4. Registration and reporting for work. A claimant shall register as
29 totally unemployed OR PARTIALLY UNEMPLOYED at a local state employment
30 office serving the area in which he was last employed or in which he
31 resides in accordance with such regulations as the commissioner shall
32 prescribe. After so registering, such claimant shall report for work at
33 the same local state employment office or otherwise give notice of the
34 continuance of his unemployment as often and in such manner as the
35 commissioner shall prescribe.
36 S 24. Paragraph (a) of subdivision 2 of section 599 of the labor law,
37 as amended by chapter 593 of the laws of 1991, is amended to read as
38 follows:
39 (a) Notwithstanding any other provision of this chapter, a claimant
40 attending an approved training course or program under this section may
41 receive additional benefits of up to [one hundred four] TWENTY-SIX
42 effective [days] WEEKS following exhaustion of regular and, if in
43 effect, any other extended benefits, provided that entitlement to a new
44 benefit claim cannot be established. Certification of continued satis-
45 factory participation and progress in such training course or program
46 must be submitted to the commissioner prior to the payment of any such
47 benefits. The duration of such additional benefits shall in no case
48 exceed twice the number of effective [days] WEEKS of regular benefits to
49 which the claimant is entitled at the time the claimant is accepted in,
50 or demonstrates application for appropriate training.
51 S 25. The opening paragraph and paragraph (e) of subdivision 2 of
52 section 601 of the labor law, as amended by chapter 35 of the laws of
53 2009, are amended to read as follows:
54 Extended benefits shall be payable to a claimant for effective [days]
55 WEEKS occurring [in any week] within an eligibility period, provided the
56 claimant
S. 2873--A 8
1 (e) is not claiming benefits pursuant to an interstate claim filed
2 under the interstate benefit payment plan in a state where an extended
3 benefit period is not in effect, except that this condition shall not
4 apply with respect to the first [eight] TWO effective [days] WEEKS for
5 which extended benefits shall otherwise be payable pursuant to an inter-
6 state claim filed under the interstate benefit payment plan; and
7 S 26. Paragraphs (b) and (c) of subdivision 3 of section 601 of the
8 labor law, as amended by chapter 35 of the laws of 2009, are amended to
9 read as follows:
10 (b) for not more than [fifty-two] THIRTEEN effective [days] WEEKS with
11 respect to his or her applicable benefit year, with a total maximum
12 amount equal to fifty percentum of the total maximum amount of regular
13 benefits payable in such benefit year, and
14 (c) if a claimant's benefit year ends within an extended benefit peri-
15 od, the remaining balance of extended benefits to which he or she would
16 be entitled, if any, shall be reduced by the number of effective [days]
17 WEEKS for which he or she was entitled to receive trade readjustment
18 allowances under the federal trade act of nineteen hundred seventy-four
19 during such benefit year, and
20 S 27. Subdivision 4 of section 601 of the labor law, as amended by
21 chapter 35 of the laws of 2009, is amended to read as follows:
22 4. Charging of extended benefits. The provisions of paragraph (e) of
23 subdivision one of section five hundred eighty-one of this article shall
24 apply to benefits paid pursuant to the provisions of this section, and
25 if they were paid for effective [days occurring in] weeks following the
26 end of a benefit year, they shall be deemed paid with respect to that
27 benefit year. However, except for governmental entities as defined in
28 section five hundred sixty-five and Indian tribes as defined in section
29 five hundred sixty-six of this article, only one-half of the amount of
30 such benefits shall be debited to the employers' account; the remainder
31 thereof shall be debited to the general account, and such account shall
32 be credited with the amount of payments received in the fund pursuant to
33 the provisions of the federal-state extended unemployment compensation
34 act. Notwithstanding the foregoing, where the state has entered an
35 extended benefit period triggered pursuant to subparagraph one of para-
36 graph (a) of subdivision one of this section for which federal law
37 provides for one hundred percent federal sharing of the costs of bene-
38 fits, all charges shall be debited to the general account and such
39 account shall be credited with the amount of payments received in the
40 fund pursuant to the provisions of the federal-state extended unemploy-
41 ment compensation act or other federal law providing for one hundred
42 percent federal sharing for the cost of such benefits.
43 S 28. Paragraph (b) 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 (b) No [days] WEEKS of total unemployment OR PARTIAL UNEMPLOYMENT
47 shall be deemed to occur [in any week] within an eligibility period
48 during which a claimant fails to accept any offer of suitable work or
49 fails to apply for suitable work to which he or she was referred by the
50 commissioner, who shall make such referral if such work is available, or
51 during which he or she fails to engage actively in seeking work by
52 making a systematic and sustained effort to obtain work and providing
53 tangible evidence of such effort, and until he or she has worked in
54 employment during at least four subsequent weeks and earned remuneration
55 of at least four times his or her benefit rate.
S. 2873--A 9
1 S 29. Paragraph (e) of subdivision 5 of section 601 of the labor law,
2 as amended by chapter 35 of the laws of 2009, is amended to read as
3 follows:
4 (e) No [days] WEEKS of total unemployment OR PARTIAL UNEMPLOYMENT
5 shall be deemed to occur [in any week] within an eligibility period
6 under section five hundred ninety-three of this article, until he or she
7 has subsequently worked in employment in accordance with the require-
8 ments set forth in section five hundred ninety-three of this article.
9 S 30. Section 603 of the labor law, as amended by section 21 of part O
10 of chapter 57 of the laws of 2013, is amended to read as follows:
11 S 603. Definitions. For purposes of this title: "Total unemployment"
12 shall mean the total lack of any employment [on any day] DURING ANY WEEK
13 AND "PARTIAL UNEMPLOYMENT" SHALL MEAN ANY EMPLOYMENT DURING ANY WEEK
14 THAT IS LESS THAN FULL-TIME EMPLOYMENT SO LONG AS THE COMPENSATION PAID
15 IS LESS THAN THE CLAIMANT'S WEEKLY BENEFIT RATE PLUS THE CLAIMANT'S
16 PARTIAL BENEFIT CREDIT, other than with an employer applying for a
17 shared work program. "Work force" shall mean the total work force, a
18 clearly identifiable unit or units thereof, or a particular shift or
19 shifts. The work force subject to reduction shall consist of no less
20 than two employees.
21 S 31. This act shall take effect immediately, provided, that section
22 nine of this act shall take effect on the same date and in the same
23 manner as section 8 of part O of chapter 57 of the laws of 2013, takes
24 effect; and provided further that the amendments to subdivision 1 of
25 section 591 of the labor law made by section twelve of this act shall be
26 subject to the expiration and reversion of such subdivision, when upon
27 such date the provisions of section thirteen of this act shall take
28 effect; provided further that the amendments to section 591-a of the
29 labor law made by section fifteen of this act shall not affect the expi-
30 ration of such section and shall be deemed repealed therewith.
