Bill Text: NY S05020 | 2013-2014 | General Assembly | Introduced

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Bill Title: Requires the calculation of unemployment benefits to be determined based on the period of employment rather than the period during which salary was paid.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO LABOR [S05020 Detail]

Download: New_York-2013-S05020-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5020
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      May 6, 2013
                                      ___________
       Introduced  by  Sen. HOYLMAN -- 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 requiring the  calculation
         of  unemployment  benefits  to  be  determined  based on the period of
         employment rather than the period during which salary was paid
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Paragraph (b) of subdivision 2 of section 597 of the labor
    2  law, as amended by chapter 413 of the laws of 2003, is amended  to  read
    3  as follows:
    4    (b)  Whenever  a  claimant's base period includes a completed calendar
    5  quarter for which a wage data report is not due or has not been received
    6  and the claimant provides information as required by  the  commissioner,
    7  the commissioner shall determine such claimant's entitlement and benefit
    8  rate  using  the  information  the  claimant  provided for such quarter;
    9  PROVIDED, THAT ANY DETERMINATION OF ENTITLEMENT AND BENEFIT RATE  DETER-
   10  MINED  BY  THE  COMMISSIONER  PURSUANT TO THE PROVISIONS OF THIS SECTION
   11  SHALL BE BASED UPON THE ENTIRE PERIOD THE CLAIMANT HAS  WORKED  FOR  THE
   12  EMPLOYER  AND  NOT ONLY ON THE PERIOD FOR WHICH THE CLAIMANT WAS PAID BY
   13  THE EMPLOYER.  However, in those instances where the claimant is  unable
   14  to  provide  such  information  to  the commissioner's satisfaction, the
   15  commissioner may request the employer to provide the amount of remunera-
   16  tion paid to such individual. The commissioner shall  notify  each  base
   17  period  employer  upon  the  establishment of a valid original claim, of
   18  such claim. If an employer provides  new  or  corrected  information  in
   19  response  to  the initial notice of monetary entitlement, adjustments to
   20  the claimant's benefit rate and adjustments to the employer's experience
   21  rating account shall be prospective as of the date such information  was
   22  received by the department.
   23    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10742-01-3