Update Unemployment Benefit Rules

Section 1. Section 522 of the labor law, as amended by chapter 720 of the laws of 1953, is amended to read as follows:

§ 522. Total unemployment and partial unemployment. "Total unemployment" means the total lack of any employment [on any day] during any week. "Partial employment" means any employment during any week that is less than full-time employment so long as the compensation paid is less than the claimant's weekly benefit rate plus the claimant's partial benefit credit. The term "employment" as used in this section means any employment including that not defined in this title.

§ 2. Section 523 of the labor law is REPEALED and a new section 523 is added to read as follows:

§ 523. Effective week. "Effective week" means (a) a week during which a claimant performs no services for which the claimant is paid compensation, or (b) a week during which a claimant performs services on a part-time basis for which the claimant is paid compensation that is less than the claimant's weekly benefit rate plus his or her partial benefit credit.

§ 3. The labor law is amended by adding a new section 525 to read as follows:

§ 525. Partial benefit credit. "Partial benefit credit" means that part of the compensation, if any, paid to a claimant with respect to a week for which benefits are claimed under the provisions of this law which is not in excess of fifty per centum of the individual's weekly benefit rate, or one hundred dollars, whichever is the greater. Such

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD00546-01-9

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partial benefit credit, if not a multiple of one dollar, shall be computed to the next higher multiple of one dollar.

§ 4. Subdivision 4 of section 527 of the labor law, as amended by chapter 832 of the laws of 1968 and as renumbered by chapter 381 of the laws of 1984, is amended to read as follows:

4. General condition. A valid original claim may be filed only in a week [in which the claimant has at least one effective day of unemployment] that qualifies as an effective week of unemployment for the claimant.

§ 5. Subparagraph 2 of paragraph (e) of subdivision 1 of section 581 of the labor law, as amended by chapter 282 of the laws of 2002 and clause (v) as added by chapter 106 of the laws of 2007, is amended to read as follows:

(2) Benefits payable to any claimant with respect to the claimant's then current benefit year shall be charged, when paid, to the account of the last employer prior to the filing of a valid original claim in an amount equal to seven times the claimant's benefit rate. Thereafter, such charges shall be made to the account of each employer in the base period used to establish the valid original claim in the same proportion that the remuneration paid by each employer to the claimant during that base period bears to the remuneration paid by all employers to the claimant during that base period except as provided below:

(i) In those instances where the claimant may not utilize wages paid to establish entitlement based upon subdivision ten of section five hundred ninety of this article and an educational institution is the claimant's last employer prior to the filing of the claim for benefits, or the claimant performed services in such educational institution in such capacity while employed by an educational service agency which is the claimant's last employer prior to the filing of the claim for benefits, such employer shall not be liable for benefit charges for the first [twenty-eight effective days] seven effective weeks of benefits paid as otherwise provided by this section. Under such circumstances, benefits paid shall be charged to the general account. In addition, wages paid during the base period by such educational institutions, or for services in such educational institutions for claimants employed by an educational service agency shall not be considered base period wages during periods that such wages may not be used to gain entitlement to benefits pursuant to subdivision ten of section five hundred ninety of this article.

(ii) In those instances where the claimant may not utilize wages paid to establish entitlement based upon subdivision eleven of section five hundred ninety of this article and an educational institution is the claimant's last employer prior to the filing of the claim for benefits, or the claimant performed services in such educational institution in such capacity while employed by an educational service agency which is the claimant's last employer prior to the filing of the claim for benefits, such employer shall not be liable for benefit charges for the first [twenty-eight effective days] seven effective weeks of benefits paid as otherwise provided by this section. Under such circumstances, benefits paid will be charged to the general account. In addition, wages paid during the base period by such educational institutions, or for services in such educational institutions for claimants employed by an educational service agency shall not be considered base period wages during periods that such wages may not be used to gain entitlement to benefits pursuant to subdivision eleven of section five hundred ninety of this article. However, in those instances where a claimant was not

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afforded an opportunity to perform services for the educational institution for the next academic year or term after reasonable assurance was provided, such employer shall be liable for benefit charges as provided for in this paragraph for any retroactive payments made to the claimant.

(iii) In those instances where the federal government is the claimant's last employer prior to the filing of the claim for benefits and such employer is not a base-period employer, payments equaling the first [twenty-eight effective days] seven effective weeks of benefits as otherwise prescribed by this section shall be charged to the general account. In those instances where the federal government is the claimant's last employer prior to the filing of the claim for benefits and a base-period employer, such employer shall be liable for charges for all benefits paid on such claim in the same proportion that the remuneration paid by such employer during the base period bears to the remuneration paid by all employers during the base period. In addition, benefit payment charges for the first [twenty-eight effective days] seven effective weeks of benefits other than those chargeable to the federal government as prescribed above shall be made to the general account.

(iv) In those instances where a combined wage claim is filed pursuant to interstate reciprocal agreements and the claimant's last employer prior to the filing of the claim is an out-of-state employer and such employer is not a base-period employer, benefit payments equaling the first [twenty-eight effective days] seven effective weeks of benefits as otherwise prescribed by this section shall be charged to the general account. In those instances where the out-of-state employer is the last employer prior to the filing of the claim for benefits and a base-period employer such employer shall be liable for charges for all benefits paid on such claim in the same proportion that the remuneration paid by such employer during the base period bears to the remuneration paid by all employers during the base period. In addition, benefit payment charges for the [twenty-eight effective days] seven effective weeks of benefits other than those chargeable to the out-of-state employer as prescribed above shall be made to the general account.

(v) In those instances where the last employer prior to the filing of a valid original claim has paid total remuneration to the claimant during the period from the start of the base period used to establish the benefit claim until the date of the claimant's filing of the valid original claim in an amount less than or equal to six times the claimant's benefit rate and the last employer has substantiated such amount to the satisfaction of the commissioner within ten days of the commissioner's original notice of potential charges to such last employer's account, benefits shall be charged as follows: benefits payable to the claimant with respect to the claimant's then current benefit year shall be charged, when paid, to the account of such last employer prior to the filing of a valid original claim in an amount equal to the lowest whole number (one, two, three, four, five, or six) times the claimant's benefit rate where the product of such lowest whole number times the claimant's benefit rate is equal to or greater than such total remuneration paid by such last employer to the claimant. Thereafter, such charges shall be made to the account of each employer in the base period used to establish the valid original claim in the same proportion that the remuneration paid by each employer to the claimant during that base period bears to the remuneration paid by all employers to the claimant during that base period. Notice of such recalculation of potential charges shall be given to the last employer and each employer of the claimant in the base period used to establish the valid original claim.

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§ 6. Subdivision 1 of section 590 of the labor law, as amended by chapter 645 of the laws of 1951, is amended to read as follows:

1. Entitlement to benefits. A claimant shall be entitled to accumulate effective [days] weeks for the purpose of benefit rights only if he has complied with the provisions of this article regarding the filing of his claim, including the filing of a valid original claim, registered as totally or partially unemployed, reported his subsequent employment and unemployment, and reported for work or otherwise given notice of the continuance of his unemployment.

§ 7. Subdivision 3 of section 590 of the labor law, as amended by chapter 645 of the laws of 1951, is amended to read as follows:

3. Compensable periods. Benefits shall be paid for each [accumulation of] effective [days within a] week.

§ 8. Subdivision 4 of section 590 of the labor law, as amended by chapter 457 of the laws of 1987, is amended to read as follows:

4. Duration. Benefits shall not be paid [for more than one hundred and four effective days] in an amount greater than twenty-six times the claimant's weekly benefit rate in any benefit year, except as provided in section six hundred one and subdivision two of section five hundred ninety-nine of this chapter.

§ 9. Subdivision 5 of section 590 of the labor law is amended by adding two new paragraphs (c) and (d) to read as follows:

(c) Benefit for partial unemployment. Except as provided in paragraph (d) of this subdivision, any claimant who is partially unemployed with respect to any effective week shall be paid, with respect to such effective week, a benefit equal to his weekly benefit rate less the total of the remuneration, if any, paid or payable to him with respect to such week for services performed which is in excess of his partial benefit credit.

(d) Benefit for partial unemployment for certain claimants working one day in a week. Any claimant who is partially unemployed with respect to any effective week but whose employment is limited to one day during that effective week and whose remuneration paid or payable to him with respect to such week for services performed is less than his weekly benefit rate shall be paid, with respect to such effective week, a benefit equal to three-quarters of his weekly benefit rate, or if higher, the benefit calculated pursuant to paragraph (c) of this subdivision.

§ 10. Subdivision 6 of section 590 of the labor law, as added by chapter 720 of the laws of 1953 and as renumbered by chapter 675 of the laws of 1977, is amended to read as follows:

6. Notification requirement. No effective [day] week shall be counted for any purposes except effective [days] weeks as to which notification has been given in a manner prescribed by the commissioner.

§ 11. Subdivision 7 of section 590 of the labor law, as amended by chapter 415 of the laws of 1983, is amended to read as follows:

7. Waiting period. A claimant shall not be entitled to accumulate effective [days] weeks for the purpose of benefit payments until he has accumulated a waiting period of [four effective days either wholly within the week in which he established his valid original claim or partly within such week and partly within his benefit year initiated by such claim] one effective week.

§ 12. Subdivision 1 of section 591 of the labor law, as amended by chapter 413 of the laws of 2003, is amended to read as follows:

1. Unemployment. Benefits, except as provided in section five hundred ninety-one-a of this title, shall be paid only to a claimant who is totally unemployed or partially unemployed and who is unable to engage

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in his usual employment or in any other for which he is reasonably fitted by training and experience. A claimant who is receiving benefits under this article shall not be denied such benefits pursuant to this subdivision or to subdivision two of this section because of such claimant's service on a grand or petit jury of any state or of the United States.

§ 13. Subdivision 1 of section 591 of the labor law, as amended by chapter 446 of the laws of 1981, is amended to read as follows: