S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1374
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 12, 2015
                                      ___________
       Introduced  by  M. of A. CROUCH, HAWLEY, LOPEZ -- 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    S  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    S 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    S  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    S 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    S 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 Section 523 of the labor law is REPEALED and a new section 523 is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.
                                                                  LBD05275-01-5
       A. 1374                             2
    1    S 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    S 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-
   12  ment] THAT QUALIFIES AS AN EFFECTIVE WEEK OF UNEMPLOYMENT FOR THE CLAIM-
   13  ANT.
   14    S 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  an
       A. 1374                             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 base
       A. 1374                             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    S  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  [accumulation
   15  of] effective [days within a] week.
   16    S  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 and
   19  four 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    S 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. 1374                             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    S  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    S 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-
   55  in  the  week in which he established his valid original claim or partly
       A. 1374                             6
    1  within such week and partly within his benefit year  initiated  by  such
    2  claim] ONE EFFECTIVE WEEK.
    3    S  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    S  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    S 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    S 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    S 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. 1374                             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    S 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 [day
   14  on] 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    S  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. 1374                             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    S 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    S  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    S 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. 1374                             9
    1    S  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    S  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 claimant
       A. 1374                            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    S  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. 1374                            11
    1    S 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    S  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    S  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.