Bill Text: NY S05995 | 2013-2014 | General Assembly | Introduced

---

Bill Title: Relates to the right of employees to a review of claims for unemployment benefits which are denied based upon wilful misrepresentation or false documentation made by the employer.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO LABOR [S05995 Detail]

Download: New_York-2013-S05995-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5995
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   November 27, 2013
                                      ___________
       Introduced  by  Sen.  MONTGOMERY  -- read twice and ordered printed, and
         when printed to be committed to the Committee on Rules
       AN ACT to amend the labor law, in relation to  claims  for  unemployment
         benefits
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 632 of the labor law is amended  by  adding  a  new
    2  subdivision 3 to read as follows:
    3    3.  EMPLOYER  DOCUMENTATION.  ANY  EMPLOYER WHO WILFULLY MAKES A FALSE
    4  STATEMENT OR REPRESENTATION OR WHO FILES FALSE OR INACCURATE  DOCUMENTA-
    5  TION  WITH  RESPECT TO A CLAIM MADE BY ANY PERSON SEEKING BENEFITS UNDER
    6  THIS ARTICLE SHALL BE GUILTY OF A MISDEMEANOR.
    7    S 2. Subdivision 3 of section 597 of the  labor  law,  as  amended  by
    8  chapter 42 of the laws of 1961, is amended to read as follows:
    9    3. Limitation on review of determinations. Any determination regarding
   10  a  benefit  claim  may,  in  the absence of fraud or wilful misrepresen-
   11  tation, be reviewed only within [one year] EIGHTEEN MONTHS from the date
   12  it is issued because of new or corrected information, or, if the  review
   13  is based thereon, within six months from a retroactive payment of remun-
   14  eration,  provided  that  no decision on the merits of the case has been
   15  made upon hearing or appeal.  WHERE A CLAIM FOR BENEFITS HAS BEEN DENIED
   16  A CLAIMANT MAY REQUEST A REVIEW BASED UPON WILFUL  MISREPRESENTATION  OR
   17  FALSE  STATEMENTS  OF  THE  EMPLOYER  WITHIN THREE YEARS OF THE ORIGINAL
   18  DETERMINATION. Such review shall be conducted and  a  new  determination
   19  issued in accordance with the provisions of this article and regulations
   20  and procedure prescribed thereunder with respect to the adjudication and
   21  payment of claims, including the right of appeal.
   22    S 3. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11964-01-3