Bill Text: NY S04742 | 2009-2010 | General Assembly | Introduced

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Bill Title: Provides for eligibility for unemployment insurance benefits for part-time municipal elected officials who lose their primary income; provides claimant would receive benefits which equal the difference between the weekly benefit amount and the weekly earnings from his/her weekly salary as an elected official.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO LABOR [S04742 Detail]

Download: New_York-2009-S04742-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4742
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                    April 27, 2009
                                      ___________
       Introduced by Sen. AUBERTINE -- 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 providing unemployment
         insurance benefits to certain part-time elected officials
         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. "Total unemployment" means the  total  lack
    4  of  any  employment  on  any  day. The term "employment" as used in this
    5  section means any employment including that not defined  in  this  title
    6  BUT  SHALL  NOT  INCLUDE  SERVICE  AS  AN  ELECTED  COUNTY  OR MUNICIPAL
    7  OFFICIAL.
    8    S 2. Subdivision 1 of section 591 of the  labor  law,  as  amended  by
    9  chapter 413 of the laws of 2003, is amended to read as follows:
   10    1.  Unemployment. Benefits, except as provided in section five hundred
   11  ninety-one-a of this title, shall be paid only  to  a  claimant  who  is
   12  totally  unemployed  and  who  is  unable  to engage in his OR HER usual
   13  employment or in any other for which he OR SHE is reasonably  fitted  by
   14  training and experience. A claimant who is receiving benefits under this
   15  article  shall  not be denied such benefits pursuant to this subdivision
   16  or to subdivision two of this section because of such claimant's service
   17  on a grand or petit jury of any state or of the United  States  OR  SUCH
   18  CLAIMANT'S SERVICE AS AN ELECTED COUNTY OR MUNICIPAL OFFICIAL; PROVIDED,
   19  HOWEVER  THAT  SUCH  CLAIMANT'S  PAY FOR SERVICE AS AN ELECTED COUNTY OR
   20  MUNICIPAL OFFICIAL IS LESS THAN THE PRODUCT OF THE  MINIMUM  WAGE  TIMES
   21  TWO  THOUSAND HOURS PER YEAR. SUCH CLAIMANT SERVING AS AN ELECTED COUNTY
   22  OR MUNICIPAL OFFICIAL WHILE RECEIVING  UNEMPLOYMENT  INSURANCE  BENEFITS
   23  SHALL ONLY RECEIVE THE AMOUNT OF THE DIFFERENCE BETWEEN THE WEEKLY BENE-
   24  FIT  AMOUNT  AND  THE AMOUNT OF WEEKLY EARNINGS FROM SUCH ELECTED PUBLIC
   25  SERVICE.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01570-01-9
       S. 4742                             2
    1    S 3. Subdivision 1 of section 591 of the  labor  law,  as  amended  by
    2  chapter 446 of the laws of 1981, is amended to read as follows:
    3    1.  Unemployment.  Benefits  shall  be  paid only to a claimant who is
    4  totally unemployed and who is unable to  engage  in  his  OR  HER  usual
    5  employment  or  in any other for which he OR SHE is reasonably fitted by
    6  training and experience. A claimant who is receiving benefits under this
    7  article shall not be denied such benefits pursuant to  this  subdivision
    8  or to subdivision two of this section because of such claimant's service
    9  on  a  grand  or petit jury of any state or of the United States OR SUCH
   10  CLAIMANT'S SERVICE AS AN ELECTED COUNTY OR MUNICIPAL OFFICIAL; PROVIDED,
   11  HOWEVER THAT SUCH CLAIMANT'S PAY FOR SERVICE AS  AN  ELECTED  COUNTY  OR
   12  MUNICIPAL  OFFICIAL  IS  LESS THAN THE PRODUCT OF THE MINIMUM WAGE TIMES
   13  TWO THOUSAND HOURS PER YEAR. SUCH CLAIMANT SERVING AS AN ELECTED  COUNTY
   14  OR  MUNICIPAL  OFFICIAL  WHILE RECEIVING UNEMPLOYMENT INSURANCE BENEFITS
   15  SHALL ONLY RECEIVE THE AMOUNT OF THE DIFFERENCE BETWEEN THE WEEKLY BENE-
   16  FIT AMOUNT AND THE AMOUNT OF WEEKLY EARNINGS FROM  SUCH  ELECTED  PUBLIC
   17  SERVICE.
   18    S  4.  This act shall take effect immediately, provided, however, that
   19  the amendments to subdivision 1 of section 591 of the labor law made  by
   20  section two of this act shall be subject to the expiration and reversion
   21  of such subdivision pursuant to section 10 of chapter 413 of the laws of
   22  2003, as amended, when upon such date the provisions of section three of
   23  this act shall take effect.