Bill Text: NY A02870 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the labor law, in relation to eligibility for unemployment benefits
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-06-01 - held for consideration in labor [A02870 Detail]
Download: New_York-2009-A02870-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2870
2009-2010 Regular Sessions
I N A S S E M B L Y
January 21, 2009
___________
Introduced by M. of A. SCHIMMINGER -- read once and referred to the
Committee on Labor
AN ACT to amend the labor law, in relation to eligibility for unemploy-
ment benefits
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 a new section 529 to
2 read as follows:
3 S 529. NOTICE-DISCHARGE PERIOD. A CLAIMANT'S NOTICE-DISCHARGE PERIOD
4 IS THAT PERIOD BETWEEN THE DATE WHICH A CLAIMANT HAS NOTIFIED HIS OR HER
5 EMPLOYER THAT HE OR SHE INTENDS TO BE HIS OR HER FINAL DAY IN THE
6 EMPLOYER'S EMPLOYMENT AND THE DAY ON WHICH THE EMPLOYER DISCHARGES THE
7 EMPLOYEE FROM EMPLOYMENT.
8 S 2. Subdivision 1 of section 527 of the labor law, as amended by
9 chapter 413 of the laws of 2003, is amended to read as follows:
10 1. Basic condition. "Valid original claim" is a claim filed by a
11 claimant who meets the following qualifications:
12 (a) is able to work, and available for work;
13 (b) is not subject to any disqualification or suspension under this
14 article; A NOTICE-DISCHARGE PERIOD SHALL BE DEEMED A DISQUALIFICATION
15 FOR THE DURATION OF THE PERIOD;
16 (c) his previously established benefit year, if any, has expired;
17 (d) has been paid remuneration by employers liable for contributions
18 or for payments in lieu of contributions under this article, other than
19 employers from whom the claimant lost employment under conditions which
20 would be disqualifying pursuant to subdivision three of section five
21 hundred ninety-three of this article, for employment during at least two
22 calendar quarters of the base period, with remuneration of one and one-
23 half times the high calendar quarter earnings within the base period and
24 with at least one thousand six hundred dollars of such remuneration
25 being paid during the high calendar quarter of such base period.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03962-01-9
A. 2870 2
1 For purposes of this section, the earnings in the high calendar quar-
2 ter of the base period used in determining a valid original claim shall
3 not exceed an amount equal to twenty-two times the maximum benefit rate
4 as set forth in subdivision five of section five hundred ninety of this
5 article for all individuals.
6 S 3. Subdivisions 1 and 4 of section 590 of the labor law, subdivision
7 1 as amended by chapter 645 of the laws of 1951 and subdivision 4 as
8 amended by chapter 457 of the laws of 1987, are amended to read as
9 follows:
10 1. Entitlement to benefits. A claimant shall be entitled to accumulate
11 effective days for the purpose of benefit rights only if he has complied
12 with the provisions of this article regarding the filing of his claim,
13 including the filing of a valid original claim, registered as totally
14 unemployed, reported his subsequent employment and unemployment, and
15 reported for work or otherwise given notice of the continuance of his
16 unemployment. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, EXCEPT
17 FOR THE CLOSING PARAGRAPH OF PARAGRAPH (A) AND PARAGRAPH (B) OF SUBDIVI-
18 SION ONE OF SECTION FIVE HUNDRED NINETY-THREE OF THIS TITLE, A CLAIMANT
19 SHALL NOT BE ENTITLED TO ACCUMULATE EFFECTIVE DAYS FOR THE PURPOSE OF
20 BENEFIT RIGHTS, NOR SHALL A CLAIMANT BE ENTITLED TO THE PAYMENT OF BENE-
21 FITS, FOR A PERIOD OF TIME EQUAL TO THE CLAIMANT'S NOTICE-DISCHARGE
22 PERIOD, IF THE CLAIMANT HAS ONE.
23 4. Duration. Benefits shall not be paid for more than one hundred
24 [and] four effective days in any benefit year, except as provided in
25 section six hundred one and subdivision two of section five hundred
26 ninety-nine of this [chapter] TITLE; AND PROVIDED FURTHER THAT BENEFITS
27 SHALL NOT BE PAID FOR THE CLAIMANT'S NOTICE-DISCHARGE PERIOD, IF THE
28 CLAIMANT HAS ONE, AND THE MAXIMUM NUMBER OF EFFECTIVE DAYS SHALL BE
29 REDUCED BY THE NUMBER OF DAYS IN THE NOTICE-DISCHARGE PERIOD.
30 S 4. Section 591 of the labor law is amended by adding a new subdivi-
31 sion 6 to read as follows:
32 6. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, EXCEPT FOR THE
33 CLOSING PARAGRAPH OF PARAGRAPH (A) AND PARAGRAPH (B) OF SUBDIVISION ONE
34 OF SECTION FIVE HUNDRED NINETY-THREE OF THIS TITLE, NO BENEFITS SHALL BE
35 PAYABLE TO A CLAIMANT FOR ANY DAY DURING A NOTICE-DISCHARGE PERIOD, NOR
36 SHALL ANY SUCH DAY BE CONSIDERED A DAY OF TOTAL UNEMPLOYMENT UNDER
37 SECTION FIVE HUNDRED TWENTY-TWO OF THIS ARTICLE.
38 S 5. The opening paragraph of paragraph (a) of subdivision 1 of
39 section 593 of the labor law, as amended by chapter 268 of the laws of
40 1999, is amended to read as follows:
41 No days of total unemployment shall be deemed to occur after a claim-
42 ant's voluntary separation without good cause from employment until he
43 or she has subsequently worked in employment and earned remuneration at
44 least equal to five times his or her weekly benefit rate. In addition to
45 other circumstances that may be found to constitute good cause, volun-
46 tary separation from employment shall not in itself disqualify a claim-
47 ant if circumstances have developed in the course of such employment
48 that would have justified the claimant in refusing such employment in
49 the first instance under the terms of subdivision two of this section or
50 if the claimant, pursuant to an option provided under a collective
51 bargaining agreement or written employer plan which permits waiver of
52 his right to retain the employment when there is a temporary layoff
53 because of lack of work, has elected to be separated for a temporary
54 period and the employer has consented thereto. ANY NOTICE-DISCHARGE
55 PERIOD SHALL BE DEEMED TO BE VOLUNTARY SEPARATION FROM EMPLOYMENT WITH-
56 OUT GOOD CAUSE.
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1 S 6. This act shall take effect on the one hundred twentieth day after
2 it shall have become a law. Effective immediately the commissioner of
3 labor is authorized to promulgate any and all rules and regulations and
4 take any other measures necessary to implement this act on its effective
5 date on or before such date.
