Bill Text: NY A00999 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to unemployment benefits for part-time workers; provides for a system of benefits based on the number of effective weeks a part-time employee accrues.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2020-07-15 - held for consideration in labor [A00999 Detail]
Download: New_York-2019-A00999-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 999 2019-2020 Regular Sessions IN ASSEMBLY January 14, 2019 ___________ Introduced by M. of A. CROUCH, HAWLEY -- read once and referred to the Committee on Labor AN ACT to amend the labor law, in relation to unemployment benefits for part-time workers; and to repeal certain provisions of such law relat- ing thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The labor law is amended by adding two new sections 514-a 2 and 514-b to read as follows: 3 § 514-a. Partial benefit credit. "Partial benefit credit" means that 4 part of the compensation, if any, paid to a claimant with respect to a 5 week for which benefits are claimed under the provisions of this article 6 which is not in excess of twenty-five per centum of the individual's 7 weekly benefit rate. 8 § 514-b. Employment incentive credit. "Employment incentive credit" 9 means twenty-five per centum of the total remuneration paid to a claim- 10 ant in excess of the partial benefit credit, provided that when added to 11 the partial benefit credit a claimant's employment incentive credit 12 cannot exceed fifty per centum of the individual's weekly benefit rate. 13 § 2. Section 522 of the labor law, as amended by chapter 720 of the 14 laws of 1953, is amended to read as follows: 15 § 522. Total unemployment and partial unemployment. "Total unemploy- 16 ment" means the total lack of any employment [on any day] during any 17 week. "Partial unemployment" means any employment during any week that 18 is less than full-time employment so long as the compensation paid is 19 less than the claimant's weekly benefit rate plus the claimant's partial 20 benefit credit plus the employment incentive credit. The term "employ- 21 ment" as used in this section means any employment including that not 22 defined in this title. 23 § 3. Section 523 of the labor law is REPEALED and a new section 523 is 24 added to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02844-01-9A. 999 2 1 § 523. Effective week. "Effective week" means (a) a week during which 2 a claimant performs no services for which the claimant is paid compen- 3 sation, or (b) a week during which a claimant performs services on a 4 part-time basis for which the claimant is paid compensation that is less 5 than the claimant's weekly benefit rate plus his or her partial benefit 6 credit plus the employment incentive credit. 7 § 4. Subdivision 4 of section 527 of the labor law, as amended by 8 chapter 832 of the laws of 1968 and as renumbered by chapter 381 of the 9 laws of 1984, is amended to read as follows: 10 4. General condition. A valid original claim may be filed only in a 11 week [in which the claimant has at least one effective day of unemploy-12ment] that qualifies as an effective week of unemployment for the claim- 13 ant. 14 § 5. Subparagraph 2 of paragraph (e) of subdivision 1 of section 581 15 of the labor law, as amended by chapter 282 of the laws of 2002 and 16 clause (v) as added by chapter 106 of the laws of 2007, is amended to 17 read as follows: 18 (2) Benefits payable to any claimant with respect to the claimant's 19 then current benefit year shall be charged, when paid, to the account of 20 the last employer prior to the filing of a valid original claim in an 21 amount equal to seven times the claimant's benefit rate. Thereafter, 22 such charges shall be made to the account of each employer in the base 23 period used to establish the valid original claim in the same proportion 24 that the remuneration paid by each employer to the claimant during that 25 base period bears to the remuneration paid by all employers to the 26 claimant during that base period except as provided below: 27 (i) In those instances where the claimant may not utilize wages paid 28 to establish entitlement based upon subdivision ten of section five 29 hundred ninety of this article and an educational institution is the 30 claimant's last employer prior to the filing of the claim for benefits, 31 or the claimant performed services in such educational institution in 32 such capacity while employed by an educational service agency which is 33 the claimant's last employer prior to the filing of the claim for bene- 34 fits, such employer shall not be liable for benefit charges for the 35 first [twenty-eight effective days] seven effective weeks of benefits 36 paid as otherwise provided by this section. Under such circumstances, 37 benefits paid shall be charged to the general account. In addition, 38 wages paid during the base period by such educational institutions, or 39 for services in such educational institutions for claimants employed by 40 an educational service agency shall not be considered base period wages 41 during periods that such wages may not be used to gain entitlement to 42 benefits pursuant to subdivision ten of section five hundred ninety of 43 this article. 44 (ii) In those instances where the claimant may not utilize wages paid 45 to establish entitlement based upon subdivision eleven of section five 46 hundred ninety of this article and an educational institution is the 47 claimant's last employer prior to the filing of the claim for benefits, 48 or the claimant performed services in such educational institution in 49 such capacity while employed by an educational service agency which is 50 the claimant's last employer prior to the filing of the claim for bene- 51 fits, such employer shall not be liable for benefit charges for the 52 first [twenty-eight effective days] seven effective weeks of benefits 53 paid as otherwise provided by this section. Under such circumstances, 54 benefits paid will be charged to the general account. In addition, wages 55 paid during the base period by such educational institutions, or for 56 services in such educational institutions for claimants employed by anA. 999 3 1 educational service agency shall not be considered base period wages 2 during periods that such wages may not be used to gain entitlement to 3 benefits pursuant to subdivision eleven of section five hundred ninety 4 of this article. However, in those instances where a claimant was not 5 afforded an opportunity to perform services for the educational institu- 6 tion for the next academic year or term after reasonable assurance was 7 provided, such employer shall be liable for benefit charges as provided 8 for in this paragraph for any retroactive payments made to the claimant. 9 (iii) In those instances where the federal government is the claim- 10 ant's last employer prior to the filing of the claim for benefits and 11 such employer is not a base-period employer, payments equaling the first 12 [twenty-eight effective days] seven effective weeks of benefits as 13 otherwise prescribed by this section shall be charged to the general 14 account. In those instances where the federal government is the claim- 15 ant's last employer prior to the filing of the claim for benefits and a 16 base-period employer, such employer shall be liable for charges for all 17 benefits paid on such claim in the same proportion that the remuneration 18 paid by such employer during the base period bears to the remuneration 19 paid by all employers during the base period. In addition, benefit 20 payment charges for the first [twenty-eight effective days] seven effec- 21 tive weeks of benefits other than those chargeable to the federal 22 government as prescribed above shall be made to the general account. 23 (iv) In those instances where a combined wage claim is filed pursuant 24 to interstate reciprocal agreements and the claimant's last employer 25 prior to the filing of the claim is an out-of-state employer and such 26 employer is not a base-period employer, benefit payments equaling the 27 first [twenty-eight effective days] seven effective weeks of benefits as 28 otherwise prescribed by this section shall be charged to the general 29 account. In those instances where the out-of-state employer is the last 30 employer prior to the filing of the claim for benefits and a base-period 31 employer such employer shall be liable for charges for all benefits paid 32 on such claim in the same proportion that the remuneration paid by such 33 employer during the base period bears to the remuneration paid by all 34 employers during the base period. In addition, benefit payment charges 35 for the [twenty-eight effective days] seven effective weeks of benefits 36 other than those chargeable to the out-of-state employer as prescribed 37 above shall be made to the general account. 38 (v) In those instances where the last employer prior to the filing of 39 a valid original claim has paid total remuneration to the claimant 40 during the period from the start of the base period used to establish 41 the benefit claim until the date of the claimant's filing of the valid 42 original claim in an amount less than or equal to six times the claim- 43 ant's benefit rate and the last employer has substantiated such amount 44 to the satisfaction of the commissioner within ten days of the commis- 45 sioner's original notice of potential charges to such last employer's 46 account, benefits shall be charged as follows: benefits payable to the 47 claimant with respect to the claimant's then current benefit year shall 48 be charged, when paid, to the account of such last employer prior to the 49 filing of a valid original claim in an amount equal to the lowest whole 50 number (one, two, three, four, five, or six) times the claimant's bene- 51 fit rate where the product of such lowest whole number times the claim- 52 ant's benefit rate is equal to or greater than such total remuneration 53 paid by such last employer to the claimant. Thereafter, such charges 54 shall be made to the account of each employer in the base period used to 55 establish the valid original claim in the same proportion that the 56 remuneration paid by each employer to the claimant during that baseA. 999 4 1 period bears to the remuneration paid by all employers to the claimant 2 during that base period. Notice of such recalculation of potential 3 charges shall be given to the last employer and each employer of the 4 claimant in the base period used to establish the valid original claim. 5 § 6. Subdivisions 1 and 3 of section 590 of the labor law, as amended 6 by chapter 645 of the laws of 1951, are amended to read as follows: 7 1. Entitlement to benefits. A claimant shall be entitled to accumulate 8 effective [days] weeks for the purpose of benefit rights only if he has 9 complied with the provisions of this article regarding the filing of his 10 claim, including the filing of a valid original claim, registered as 11 totally or partially unemployed, reported his subsequent employment and 12 unemployment, and reported for work or otherwise given notice of the 13 continuance of his unemployment. 14 3. Compensable periods. Benefits shall be paid for each [accumulation15of] effective [days within a] week. 16 § 7. 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 and19four effective days] twenty-six effective weeks in any benefit year, 20 except as provided in section six hundred one and subdivision two of 21 section five hundred ninety-nine of this chapter. 22 § 8. Paragraph (a) of subdivision 5 of section 590 of the labor law, 23 as amended by section 8 of part O of chapter 57 of the laws of 2013, is 24 amended to read as follows: 25 (a) A claimant's weekly benefit amount shall be one twenty-sixth of 26 the remuneration paid during the highest calendar quarter of the base 27 period by employers, liable for contributions or payments in lieu of 28 contributions under this article, provided the claimant has remuneration 29 paid in all four calendar quarters during his or her base period or 30 alternate base period. However, for any claimant who has remuneration 31 paid in all four calendar quarters during his or her base period or 32 alternate base period and whose high calendar quarter remuneration 33 during the base period is three thousand five hundred seventy-five 34 dollars or less, the benefit amount shall be one twenty-fifth of the 35 remuneration paid during the highest calendar quarter of the base period 36 by employers liable for contributions or payments in lieu of contrib- 37 utions under this article. Any claimant who is partially unemployed 38 with respect to any effective week shall be paid, with respect to such 39 effective week, a benefit amount equal to his or her weekly benefit 40 amount less the total of the remuneration, if any, paid or payable to 41 him or her with respect to such week for services performed which is in 42 excess of his or her partial benefit credit plus his or her employment 43 incentive credit. A claimant's weekly benefit shall be one twenty-sixth 44 of the average remuneration paid in the two highest quarters paid during 45 the base period or alternate base period by employers liable for 46 contributions or payments in lieu of contributions under this article 47 when the claimant has remuneration paid in two or three calendar quar- 48 ters provided however, that a claimant whose high calendar quarter is 49 four thousand dollars or less but greater than three thousand five 50 hundred seventy-five dollars shall have a weekly benefit amount of one 51 twenty-sixth of such high calendar quarter. However, for any claimant 52 who has remuneration paid in two or three calendar quarters during his 53 or her base period or alternate base period and whose high calendar 54 quarter remuneration during the base period is three thousand five 55 hundred seventy-five dollars or less, the benefit amount shall be one 56 twenty-fifth of the remuneration paid during the highest calendar quar-A. 999 5 1 ter of the base period by employers liable for contributions or payments 2 in lieu of contributions under this article. Any claimant whose high 3 calendar quarter remuneration during the base period is more than three 4 thousand five hundred seventy-five dollars shall not have a weekly bene- 5 fit amount less than one hundred forty-three dollars. The weekly benefit 6 amount, so computed, that is not a multiple of one dollar shall be 7 lowered to the next multiple of one dollar. On the first Monday of 8 September, nineteen hundred ninety-eight the weekly benefit amount shall 9 not exceed three hundred sixty-five dollars nor be less than forty 10 dollars, until the first Monday of September, two thousand, at which 11 time the maximum benefit payable pursuant to this subdivision shall 12 equal one-half of the state average weekly wage for covered employment 13 as calculated by the department no sooner than July first, two thousand 14 and no later than August first, two thousand, rounded down to the lowest 15 dollar. On and after the first Monday of October, two thousand fourteen, 16 the weekly benefit shall not be less than one hundred dollars, nor shall 17 it exceed four hundred twenty dollars until the first Monday of October, 18 two thousand fifteen when the maximum benefit amount shall be four 19 hundred twenty-five dollars, until the first Monday of October, two 20 thousand sixteen when the maximum benefit amount shall be four hundred 21 thirty dollars, until the first Monday of October, two thousand seven- 22 teen when the maximum benefit amount shall be four hundred thirty-five 23 dollars, until the first Monday of October, two thousand eighteen when 24 the maximum benefit amount shall be four hundred fifty dollars, until 25 the first Monday of October, two thousand nineteen when the maximum 26 benefit amount shall be thirty-six percent of the average weekly wage 27 until the first Monday of October, two thousand twenty when the maximum 28 benefit amount shall be thirty-eight percent of the average weekly wage, 29 until the first Monday of October two thousand twenty-one when the maxi- 30 mum benefit amount shall be forty percent of the average weekly wage, 31 until the first Monday of October, two thousand twenty-two when the 32 maximum benefit amount shall be forty-two percent of the average weekly 33 wage, until the first Monday of October, two thousand twenty-three when 34 the maximum benefit amount shall be forty-four percent of the average 35 weekly wage, until the first Monday of October, two thousand twenty-four 36 when the maximum benefit amount shall be forty-six percent of the aver- 37 age weekly wage, until the first Monday of October, two thousand twen- 38 ty-five when the maximum benefit amount shall be forty-eight percent of 39 the average weekly wage, until the first Monday of October, two thousand 40 twenty-six and each year thereafter on the first Monday of October when 41 the maximum benefit amount shall be fifty percent of the average weekly 42 wage provided, however, that in no event shall the maximum benefit 43 amount be reduced from the previous year. 44 § 9. Subdivision 6 of section 590 of the labor law, as added by chap- 45 ter 720 of the laws of 1953 and as renumbered by chapter 675 of the laws 46 of 1977, is amended to read as follows: 47 6. Notification requirement. No effective [day] week shall be counted 48 for any purposes except effective [days] weeks as to which notification 49 has been given in a manner prescribed by the commissioner. 50 § 10. Subdivision 7 of section 590 of the labor law, as amended by 51 chapter 415 of the laws of 1983, is amended to read as follows: 52 7. Waiting period. A claimant shall not be entitled to accumulate 53 effective [days] weeks for the purpose of benefit payments until he has 54 accumulated a waiting period of [four effective days either wholly with-55in the week in which he established his valid original claim or partlyA. 999 6 1within such week and partly within his benefit year initiated by such2claim] one effective week. 3 § 11. Subdivision 1 of section 591 of the labor law, as amended by 4 chapter 413 of the laws of 2003, is amended to read as follows: 5 1. Unemployment. Benefits, except as provided in section five hundred 6 ninety-one-a of this title, shall be paid only to a claimant who is 7 totally unemployed or partially unemployed and who is unable to engage 8 in his usual employment or in any other for which he is reasonably 9 fitted by training and experience. A claimant who is receiving benefits 10 under this article shall not be denied such benefits pursuant to this 11 subdivision or to subdivision two of this section because of such claim- 12 ant's service on a grand or petit jury of any state or of the United 13 States. 14 § 12. Subdivision 1 of section 591 of the labor law, as amended by 15 chapter 446 of the laws of 1981, is amended to read as follows: 16 1. Unemployment. Benefits shall be paid only to a claimant who is 17 totally unemployed or partially unemployed and who is unable to engage 18 in his usual employment or in any other for which he is reasonably 19 fitted by training and experience. A claimant who is receiving benefits 20 under this article shall not be denied such benefits pursuant to this 21 subdivision or to subdivision two of this section because of such claim- 22 ant's service on a grand or petit jury of any state or of the United 23 States. 24 § 13. Subparagraph (i) of paragraph (b) of subdivision 2 of section 25 591-a of the labor law, as amended by section 14 of part O of chapter 57 26 of the laws of 2013, is amended to read as follows: 27 (i) requirements relating to total unemployment and partial unemploy- 28 ment, as defined in section five hundred twenty-two of this article, 29 availability for work and search for work, as set forth in subdivision 30 two of section five hundred ninety-one of this title and refusal to 31 accept work, as set forth in subdivision two of section five hundred 32 ninety-three of this title, are not applicable to such individuals; 33 § 14. Subdivision 2 of section 592 of the labor law, as amended by 34 chapter 415 of the laws of 1983, is amended to read as follows: 35 2. Concurrent payments prohibited. No [days] weeks of total unemploy- 36 ment or partial unemployment shall be deemed to occur in any week with 37 respect to which [or a part of which] a claimant has received or is 38 seeking unemployment benefits under an unemployment compensation law of 39 any other state or of the United States, provided that this provision 40 shall not apply if the appropriate agency of such other state or of the 41 United States finally determines that he is not entitled to such unem- 42 ployment benefits. 43 § 15. Paragraph (a) of subdivision 1 of section 593 of the labor law, 44 as amended by section 15 of part O of chapter 57 of the laws of 2013, is 45 amended to read as follows: 46 (a) No [days] weeks of total unemployment or partial unemployment 47 shall be deemed to occur after a claimant's voluntary separation without 48 good cause from employment until he or she has subsequently worked in 49 employment and earned remuneration at least equal to ten times his or 50 her weekly benefit rate. In addition to other circumstances that may be 51 found to constitute good cause, including a compelling family reason as 52 set forth in paragraph (b) of this subdivision, voluntary separation 53 from employment shall not in itself disqualify a claimant if circum- 54 stances have developed in the course of such employment that would have 55 justified the claimant in refusing such employment in the first instance 56 under the terms of subdivision two of this section or if the claimant,A. 999 7 1 pursuant to an option provided under a collective bargaining agreement 2 or written employer plan which permits waiver of his or her right to 3 retain the employment when there is a temporary layoff because of lack 4 of work, has elected to be separated for a temporary period and the 5 employer has consented thereto. 6 § 16. Subdivision 2 of section 593 of the labor law, as amended by 7 chapter 415 of the laws of 1983, the opening paragraph as amended by 8 section 15 of part O of chapter 57 of the laws of 2013, paragraph (a) as 9 added by chapter 589 of the laws of 1998 and paragraphs (d) and (e) as 10 amended by chapter 35 of the laws of 2009, is amended to read as 11 follows: 12 2. Refusal of employment. No [days] weeks of total unemployment or 13 partial unemployment shall be deemed to occur beginning with the [day14on] week in which a claimant, without good cause, refuses to accept an 15 offer of employment for which he or she is reasonably fitted by training 16 and experience, including employment not subject to this article, until 17 he or she has subsequently worked in employment and earned remuneration 18 at least equal to ten times his or her weekly benefit rate. Except that 19 claimants who are not subject to a recall date or who do not obtain 20 employment through a union hiring hall and who are still unemployed 21 after receiving ten weeks of benefits shall be required to accept any 22 employment proffered that such claimants are capable of performing, 23 provided that such employment would result in a wage not less than 24 eighty percent of such claimant's high calendar quarter wages received 25 in the base period and not substantially less than the prevailing wage 26 for similar work in the locality as provided for in paragraph (d) of 27 this subdivision. No refusal to accept employment shall be deemed with- 28 out good cause nor shall it disqualify any claimant otherwise eligible 29 to receive benefits if: 30 (a) a refusal to accept employment which would interfere with a claim- 31 ant's right to join or retain membership in any labor organization or 32 otherwise interfere with or violate the terms of a collective bargaining 33 agreement shall be with good cause; or 34 (b) there is a strike, lockout, or other industrial controversy in the 35 establishment in which the employment is offered; or 36 (c) the employment is at an unreasonable distance from his residence, 37 or travel to and from the place of employment involves expense substan- 38 tially greater than that required in his or her former employment unless 39 the expense be provided for; or 40 (d) the wages or compensation or hours or conditions offered are 41 substantially less favorable to the claimant than those prevailing for 42 similar work in the locality, or are such as tend to depress wages or 43 working conditions; or 44 (e) the claimant is seeking part-time work as provided in subdivision 45 five of section five hundred ninety-six of this title and the offer of 46 employment is not comparable to his or her part-time work as defined in 47 such subdivision. 48 § 17. Subdivisions 3 and 4 of section 593 of the labor law, subdivi- 49 sion 3 as amended by section 15 of part O of chapter 57 of the laws of 50 2013 and subdivision 4 as amended by chapter 589 of the laws of 1998, 51 are amended to read as follows: 52 3. Misconduct. No [days] weeks of total unemployment or partial unem- 53 ployment shall be deemed to occur after a claimant lost employment 54 through misconduct in connection with his or her employment until he or 55 she has subsequently worked in employment and earned remuneration at 56 least equal to ten times his or her weekly benefit rate.A. 999 8 1 4. Criminal acts. No [days] weeks of total unemployment or partial 2 unemployment shall be deemed to occur during a period of twelve months 3 after a claimant loses employment as a result of an act constituting a 4 felony in connection with such employment, provided the claimant is duly 5 convicted thereof or has signed a statement admitting that he or she has 6 committed such an act. Determinations regarding a benefit claim may be 7 reviewed at any time. Any benefits paid to a claimant prior to a deter- 8 mination that the claimant has lost employment as a result of such act 9 shall not be considered to have been accepted by the claimant in good 10 faith. In addition, remuneration paid to the claimant by the affected 11 employer prior to the claimant's loss of employment due to such criminal 12 act may not be utilized for the purpose of establishing entitlement to a 13 subsequent, valid original claim. The provisions of this subdivision 14 shall apply even if the employment lost as a result of such act is not 15 the claimant's last employment prior to the filing of his or her claim. 16 § 18. Subdivisions 1 and 2 of section 594 of the labor law, as amended 17 by section 16 of part O of chapter 57 of the laws of 2013, are amended 18 to read as follows: 19 (1) A claimant who has wilfully made a false statement or represen- 20 tation to obtain any benefit under the provisions of this article shall 21 forfeit benefits for at least the first [four] one but not more than the 22 first [eighty] twenty effective [days] weeks following discovery of such 23 offense for which he or she otherwise would have been entitled to 24 receive benefits. Such penalty shall apply only once with respect to 25 each such offense. 26 (2) For the purpose of subdivision four of section five hundred ninety 27 of this article, the claimant shall be deemed to have received benefits 28 for such forfeited effective [days] weeks. 29 § 19. Subdivision 1 of section 596 of the labor law, as amended by 30 chapter 204 of the laws of 1982, is amended to read as follows: 31 1. Claim filing and certification to unemployment. A claimant shall 32 file a claim for benefits at the local state employment office serving 33 the area in which he was last employed or in which he resides within 34 such time and in such manner as the commissioner shall prescribe. He 35 shall disclose whether he owes child support obligations, as hereafter 36 defined. If a claimant making such disclosure is eligible for benefits, 37 the commissioner shall notify the state or local child support enforce- 38 ment agency, as hereafter defined, that the claimant is eligible. 39 A claimant shall correctly report any [days] weeks of employment and 40 any compensation he received for such employment, including employments 41 not subject to this article, and the [days on] weeks during which he 42 was totally unemployed or partially unemployed and shall make such 43 reports in accordance with such regulations as the commissioner shall 44 prescribe. 45 § 20. Subdivision 4 of section 596 of the labor law, as added by chap- 46 ter 705 of the laws of 1944 and as renumbered by section 148-a of part B 47 of chapter 436 of the laws of 1997, is amended to read as follows: 48 4. Registration and reporting for work. A claimant shall register as 49 totally unemployed or partially unemployed at a local state employment 50 office serving the area in which he was last employed or in which he 51 resides in accordance with such regulations as the commissioner shall 52 prescribe. After so registering, such claimant shall report for work at 53 the same local state employment office or otherwise give notice of the 54 continuance of his unemployment as often and in such manner as the 55 commissioner shall prescribe.A. 999 9 1 § 21. Paragraph (a) of subdivision 2 of section 599 of the labor law, 2 as amended by chapter 593 of the laws of 1991, is amended to read as 3 follows: 4 (a) Notwithstanding any other provision of this chapter, a claimant 5 attending an approved training course or program under this section may 6 receive additional benefits of up to [one hundred four] twenty-six 7 effective [days] weeks following exhaustion of regular and, if in 8 effect, any other extended benefits, provided that entitlement to a new 9 benefit claim cannot be established. Certification of continued satis- 10 factory participation and progress in such training course or program 11 must be submitted to the commissioner prior to the payment of any such 12 benefits. The duration of such additional benefits shall in no case 13 exceed twice the number of effective [days] weeks of regular benefits to 14 which the claimant is entitled at the time the claimant is accepted in, 15 or demonstrates application for appropriate training. 16 § 22. Subdivisions 2, 3 and 4 of section 601 of the labor law, as 17 amended by chapter 35 of the laws of 2009 and paragraph (d) of subdivi- 18 sion 2 as amended by section 3 of part Z of chapter 57 of the laws of 19 2013, are amended to read as follows: 20 2. Eligibility conditions. Extended benefits shall be payable to a 21 claimant for effective [days] weeks occurring [in any week] within an 22 eligibility period, provided the claimant 23 (a) has exhausted his or her rights to regular benefits under this 24 article in his or her current benefit year or, his or her benefit year 25 having expired prior to such week, he or she does not have the required 26 weeks of employment or earnings to establish a new benefit year, and he 27 or she has no rights to benefits under the unemployment insurance law of 28 any other state; 29 (b) has no rights to unemployment benefits or allowances under the 30 railroad unemployment insurance act, the trade expansion act of nineteen 31 hundred sixty-two, the automotive products trade act of nineteen hundred 32 sixty-five, or such other federal laws as are specified in regulations 33 issued by the secretary of labor of the United States; 34 (c) has not received and is not seeking unemployment benefits under 35 the unemployment compensation law of the Virgin Islands or of Canada 36 unless, if he or she is seeking such benefits, the appropriate agency 37 finally determines that he or she is not entitled to benefits under such 38 law; 39 (d) has satisfied the conditions of this article, required to render a 40 claimant eligible for regular benefits, which are applicable to extended 41 benefits, including not being subject to a disqualification or suspen- 42 sion, or has satisfied the conditions of this article required to render 43 a claimant eligible to participate in the self-employment assistance 44 program pursuant to section five hundred ninety-one-a of this title and 45 the Federal-State Extended Unemployment Compensation Act of 1970; 46 (e) is not claiming benefits pursuant to an interstate claim filed 47 under the interstate benefit payment plan in a state where an extended 48 benefit period is not in effect, except that this condition shall not 49 apply with respect to the first [eight] thirteen effective [days] weeks 50 for which extended benefits shall otherwise be payable pursuant to an 51 interstate claim filed under the interstate benefit payment plan; and 52 (f) in his or her base period has remuneration of one and one-half 53 times the high calendar quarter earnings in accordance with section five 54 hundred twenty-seven of this article. 55 3. Extended benefit amounts; rate and duration. Extended benefits 56 shall be paid to a claimantA. 999 10 1 (a) at a rate equal to his or her rate for regular benefits during his 2 or her applicable benefit year but 3 (b) for not more than [fifty-two] thirteen effective [days] weeks with 4 respect to his or her applicable benefit year, with a total maximum 5 amount equal to fifty percentum of the total maximum amount of regular 6 benefits payable in such benefit year, and 7 (c) if a claimant's benefit year ends within an extended benefit peri- 8 od, the remaining balance of extended benefits to which he or she would 9 be entitled, if any, shall be reduced by the number of effective [days] 10 weeks for which he or she was entitled to receive trade readjustment 11 allowances under the federal trade act of nineteen hundred seventy-four 12 during such benefit year, and 13 (d) for periods of high unemployment for not more than eighty effec- 14 tive days with respect to the applicable benefit year with a total maxi- 15 mum amount equal to eighty percent of the total maximum amount of regu- 16 lar benefits payable in such benefit year. 17 4. Charging of extended benefits. The provisions of paragraph (e) of 18 subdivision one of section five hundred eighty-one of this article shall 19 apply to benefits paid pursuant to the provisions of this section, and 20 if they were paid for effective [days occurring in] weeks following the 21 end of a benefit year, they shall be deemed paid with respect to that 22 benefit year. However, except for governmental entities as defined in 23 section five hundred sixty-five and Indian tribes as defined in section 24 five hundred sixty-six of this article, only one-half of the amount of 25 such benefits shall be debited to the employers' account; the remainder 26 thereof shall be debited to the general account, and such account shall 27 be credited with the amount of payments received in the fund pursuant to 28 the provisions of the federal-state extended unemployment compensation 29 act. Notwithstanding the foregoing, where the state has entered an 30 extended benefit period triggered pursuant to subparagraph one of para- 31 graph (a) of subdivision one of this section for which federal law 32 provides for one hundred percent federal sharing of the costs of bene- 33 fits, all charges shall be debited to the general account and such 34 account shall be credited with the amount of payments received in the 35 fund pursuant to the provisions of the federal-state extended unemploy- 36 ment compensation act or other federal law providing for one hundred 37 percent federal sharing for the cost of such benefits. 38 § 23. Paragraphs (b) and (e) of subdivision 5 of section 601 of the 39 labor law, as amended by chapter 35 of the laws of 2009, are amended to 40 read as follows: 41 (b) No [days] weeks of total unemployment or partial unemployment 42 shall be deemed to occur [in any week] within an eligibility period 43 during which a claimant fails to accept any offer of suitable work or 44 fails to apply for suitable work to which he or she was referred by the 45 commissioner, who shall make such referral if such work is available, or 46 during which he or she fails to engage actively in seeking work by 47 making a systematic and sustained effort to obtain work and providing 48 tangible evidence of such effort, and until he or she has worked in 49 employment during at least four subsequent weeks and earned remuneration 50 of at least four times his or her benefit rate. 51 (e) No [days] weeks of total unemployment or partial unemployment 52 shall be deemed to occur [in any week] within an eligibility period 53 under section five hundred ninety-three of this article, until he or she 54 has subsequently worked in employment in accordance with the require- 55 ments set forth in section five hundred ninety-three of this article.A. 999 11 1 § 24. Section 603 of the labor law, as amended by section 21 of part O 2 of chapter 57 of the laws of 2013, is amended to read as follows: 3 § 603. Definitions. For purposes of this title: "Total unemployment" 4 shall mean the total lack of any employment [on any day] during any week 5 and "partial employment" shall mean any employment during any week that 6 is less than full-time employment so long as the compensation paid is 7 less than the claimant's weekly benefit rate plus the claimant's partial 8 benefit credit plus the employment incentive credit, other than with an 9 employer applying for a shared work program. "Work force" shall mean the 10 total work force, a clearly identifiable unit or units thereof, or a 11 particular shift or shifts. The work force subject to reduction shall 12 consist of no less than two employees. 13 § 25. This act shall take effect immediately; provided, however, that 14 the amendments to subdivision 1 of section 591 of the labor law made by 15 section eleven of this act shall be subject to the expiration and rever- 16 sion of such subdivision pursuant to section 10 of chapter 413 of the 17 laws of 2003, as amended, when upon such date the provisions of section 18 twelve of this act shall take effect; provided, further, that the amend- 19 ments to section 591-a of the labor law made by section thirteen of this 20 act shall not affect the repeal of such section and shall be deemed 21 repealed therewith.
