Bill Text: NY A07911 | 2023-2024 | General Assembly | Introduced


Bill Title: Relates to increasing the maximum benefit rate for unemployment insurance.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to labor [A07911 Detail]

Download: New_York-2023-A07911-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          7911

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                     August 4, 2023
                                       ___________

        Introduced  by M. of A. SIMON -- read once and referred to the Committee
          on Labor

        AN ACT to amend the labor law, in relation to the unemployment insurance
          law, increasing the maximum benefit rate for unemployment insurance

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Paragraph (a) of subdivision 1 of section 518 of the labor
     2  law, as amended by section 1 of part O of chapter  57  of  the  laws  of
     3  2013, is amended to read as follows:
     4    (a)  "Wages"  means  all remuneration paid, except that such term does
     5  not include remuneration paid to an employee by an employer after  eight
     6  thousand  five  hundred  dollars have been paid to such employee by such
     7  employer with respect to employment during  any  calendar  year,  except
     8  that  such  term does not include remuneration paid to an employee by an
     9  employer with respect to employment during any calendar  year  beginning
    10  with the first day of
    11                                          that exceeds
    12               January 2014                  $10,300
    13               January 2015                  $10,500
    14               January 2016                  $10,700
    15               January 2017                  $10,900
    16               January 2018                  $11,100
    17               January 2019                  $11,400
    18               January 2020                  $11,600
    19               January 2021                  $11,800
    20               January 2022                  [$12,000] $12,500
    21               January 2023                  [$12,300
    22               January 2024                  $12,500
    23               January 2025                  $12,800
    24               January 2026                  $13,000

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09793-01-3

        A. 7911                             2

     1  and  each  year  thereafter  on  the  first  day of January that exceeds
     2  sixteen percent of the state's average annual wage as determined by  the
     3  commissioner  on  an annual basis pursuant to section five hundred twen-
     4  ty-nine of this article; provided, however,  that  in  calculating  such
     5  maximum amount of remuneration, the amount arrived at by multiplying the
     6  state's average annual wage times sixteen percent shall be rounded up to
     7  the  nearest hundred dollars. In no event shall the state's annual aver-
     8  age wage be reduced from the amount determined  in  the  previous  year]
     9  $13,500
    10    In  each  succeeding calendar year, the department shall calculate the
    11  base amount of remuneration necessary from which to  produce  sufficient
    12  premium  to  provide  for the annual increases in maximum weekly benefit
    13  provided for in this article, and other  funding  for  the  unemployment
    14  insurance  trust  fund  pursuant  to  section five hundred fifty of this
    15  article, as may be necessary. The term  "employment"  includes  for  the
    16  purposes  of this subdivision services constituting employment under any
    17  unemployment compensation law of another state or the United States.
    18    § 2. Paragraph (a) of subdivision 5 of section 590 of the  labor  law,
    19  as  amended by section 8 of part O of chapter 57 of the laws of 2013, is
    20  amended to read as follows:
    21    (a) A claimant's weekly benefit amount shall be  one  twenty-sixth  of
    22  the  remuneration  paid  during the highest calendar quarter of the base
    23  period by employers, liable for contributions or  payments  in  lieu  of
    24  contributions under this article, provided the claimant has remuneration
    25  paid  in  all  four  calendar  quarters during his or her base period or
    26  alternate base period. However, for any claimant  who  has  remuneration
    27  paid  in  all  four  calendar  quarters during his or her base period or
    28  alternate base period  and  whose  high  calendar  quarter  remuneration
    29  during  the  base  period  is  three  thousand five hundred seventy-five
    30  dollars or less, the benefit amount shall be  one  twenty-fifth  of  the
    31  remuneration paid during the highest calendar quarter of the base period
    32  by  employers  liable  for contributions or payments in lieu of contrib-
    33  utions under this article. A claimant's  weekly  benefit  shall  be  one
    34  twenty-sixth  of  the average remuneration paid in the two highest quar-
    35  ters paid during the base period or alternate base period  by  employers
    36  liable for contributions or payments in lieu of contributions under this
    37  article when the claimant has remuneration paid in two or three calendar
    38  quarters  provided  however, that a claimant whose high calendar quarter
    39  is four thousand dollars or less but greater than  three  thousand  five
    40  hundred  seventy-five  dollars shall have a weekly benefit amount of one
    41  twenty-sixth of such high calendar quarter. However,  for  any  claimant
    42  who  has  remuneration paid in two or three calendar quarters during his
    43  or her base period or alternate base  period  and  whose  high  calendar
    44  quarter  remuneration  during  the  base  period  is three thousand five
    45  hundred seventy-five dollars or less, the benefit amount  shall  be  one
    46  twenty-fifth  of the remuneration paid during the highest calendar quar-
    47  ter of the base period by employers liable for contributions or payments
    48  in lieu of contributions under this article.  Any  claimant  whose  high
    49  calendar  quarter remuneration during the base period is more than three
    50  thousand five hundred seventy-five dollars shall not have a weekly bene-
    51  fit amount less than one hundred forty-three dollars. The weekly benefit
    52  amount, so computed, that is not a  multiple  of  one  dollar  shall  be
    53  [lowered  to]  the  next  multiple of one dollar. On the first Monday of
    54  September, nineteen hundred ninety-eight the weekly benefit amount shall
    55  not exceed three hundred sixty-five  dollars  nor  be  less  than  forty
    56  dollars,  until  the  first  Monday of September, two thousand, at which

        A. 7911                             3

     1  time the maximum benefit payable  pursuant  to  this  subdivision  shall
     2  equal  one-half  of the state average weekly wage for covered employment
     3  as calculated by the department no sooner than July first, two  thousand
     4  and  no  later  than  August  first, two thousand, rounded [down] to the
     5  [lowest] next dollar. On and after the  first  Monday  of  October,  two
     6  thousand fourteen, the weekly benefit shall not be less than one hundred
     7  dollars, nor shall it exceed four hundred twenty dollars until the first
     8  Monday  of October, two thousand fifteen when the maximum benefit amount
     9  shall be four hundred twenty-five dollars, until  the  first  Monday  of
    10  October,  two  thousand sixteen when the maximum benefit amount shall be
    11  four hundred thirty dollars, until the  first  Monday  of  October,  two
    12  thousand seventeen when the maximum benefit amount shall be four hundred
    13  thirty-five  dollars,  until  the  first Monday of October, two thousand
    14  eighteen when the maximum benefit amount shall  be  four  hundred  fifty
    15  dollars,  until  the first Monday of October, two thousand nineteen when
    16  the maximum benefit amount shall be thirty-six percent  of  the  average
    17  weekly  wage until the first Monday of October, two thousand twenty when
    18  the maximum benefit amount shall be thirty-eight percent of the  average
    19  weekly  wage,  until the first Monday of October two thousand twenty-one
    20  when the maximum benefit amount shall be [forty percent of  the  average
    21  weekly  wage] six hundred fifty dollars, until the first Monday of Octo-
    22  ber, two thousand twenty-two when the maximum benefit amount  shall  [be
    23  forty-two  percent of the average weekly wage, until the first Monday of
    24  October, two thousand twenty-three when the maximum benefit amount shall
    25  be forty-four percent of the average weekly wage, until the first Monday
    26  of October, two thousand twenty-four when  the  maximum  benefit  amount
    27  shall  be  forty-six percent of the average weekly wage, until the first
    28  Monday of October, two thousand twenty-five  when  the  maximum  benefit
    29  amount  shall  be  forty-eight percent of the average weekly wage, until
    30  the first Monday of October, two thousand twenty-six and each year ther-
    31  eafter on the first Monday of October when the  maximum  benefit  amount
    32  shall  be  fifty  percent  of the average weekly wage provided, however,
    33  that in no event shall the maximum benefit amount be  reduced  from  the
    34  previous year] equal one-half of the state average weekly wage as calcu-
    35  lated  by the department no sooner than July first, two thousand twenty-
    36  four and not later than August first, two thousand  twenty-four  and  on
    37  July  first of each succeeding year the maximum benefit shall equal one-
    38  half of the state average weekly wage as calculated  by  the  department
    39  annually  pursuant  to  the  manner  described  in this subdivision. For
    40  purposes of this subdivision, the term "state average weekly wage" shall
    41  mean the average weekly wage of the state for the previous calendar year
    42  as reported by the  commissioner  to  the  superintendent  of  financial
    43  services on March thirty-first.
    44    §  3.  This  act  shall take effect immediately and shall apply to all
    45  claims filed on and after the effective  date  of  this  act;  provided,
    46  however, that section one of this act shall take effect on the thirtieth
    47  day after it shall have become a law.
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