NY State Senate Bill 2009-S4110

Senate Bill S4110

Signed By Governor

2009-2010 Legislative Session

Relates to voluntary separations from work for compelling family reasons and to extended benefits

download bill text pdf

Archive: Last Bill Status Via A8273 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 20, 2009	signed chap.35
May 19, 2009	delivered to governor returned to assembly passed senate 3rd reading cal.297 substituted for s4110a
May 19, 2009	substituted by a8273
May 18, 2009	advanced to third reading
May 13, 2009	2nd report cal.
May 12, 2009	1st report cal.297
May 11, 2009	print number 4110a
May 11, 2009	amend and recommit to finance
Apr 20, 2009	reported and committed to finance
Apr 13, 2009	referred to labor

Votes

- May 19, 2009 - Floor Vote
  A8273
  
  61
  
  Aye
  
  0
  
  Nay
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 19, 2009
      
      aye (61)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Foley
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Monserrate
      
      Montgomery
      
      Morahan
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Young
      
      absent (1)
      
      Winner

Bill Amendments

Original

A (Active)

2009-S4110 - Details

2009-S4110 - Summary

Relates to voluntary separations from work for compelling family reasons and to extended benefits; includes additional criteria for providing benefits in the case of voluntary separation; and provides extended unemployment benefits for certain periods.

2009-S4110 - Sponsor Memo

                                 BILL NUMBER:  S4110               REVISED 05/08/09

 TITLE OF BILL :

An act to amend the labor law, in relation to unemployment insurance
benefits and part-time work, voluntary separations from employment,
and on/off indicators for extended unemployment insurance benefits;
and in relation to extended benefits


 PURPOSE :

The purpose of this bill is to conform New York's unemployment
insurance law to federal law so that the State may use federal funds
to provide extended unemployment benefits to New Yorkers whose
benefits will otherwise expire.

 SUMMARY OF PROVISIONS :

Section 1 of the bill would amend Labor Law § 593(1) to allow the
state to provide federally-funded unemployment benefits for
individuals who leave work for compelling family reasons and who are
currently eligible for benefits under state case law and statutes, by
conforming the language of state law to federal law.

Sections 2 and 3 of the bill would amend Labor Law §593(2) and §596(5)

to provide that individuals who work part-time and unwilling or unable
to work full-time would not be disqualified from receiving benefits if
they refuse to accept full-time employment.

Section 4 of the bill would make the following changes to Labor Law
§601:

* Labor Law §601(1)( a) would be amended to create a new unemployment
rate trigger, known as the "total unemployment rate (TUR)," to make
New York eligible for federally-funded unemployment benefits whenever
Congress provides 100% reimbursement for benefits.
* Labor Law §601(1)(a)(2) would be amended to provide that a "state
off indicator" would end the trigger if the conditions creating it no
longer exist.
* Labor Law §601(1)(a)(4) would be added to provide a definition for
the TUR trigger.
* Labor Law §601(1)(b) would be amended to extend the UI eligibility
period to include the alternate eligibility period provided by federal
law.
* The definitions for "extended benefits" and "regular benefits" would
be amended to conform to federal law.
* Labor Law §601(2)(t) would be amended to conform language regarding
earning requirements to federal law.
* Labor Law §601(3) would be amended to provide additional benefits
during "periods of high unemployment," where Congress provides 100%
sharing of the benefit costs.
* Labor Law §601(4) would be amended to conform UI benefit charging
for Indian tribes to federal law, and to charge the benefit costs for
a federal extended benefit program to the UI general account.
* Labor law §601(5) would be amended to conform state law to federal
law which excludes individuals from work search requirements if they
are receiving unemployment benefits while in approved training
programs, and to conform state law concerning work requirements to
reestablish eligibility for unemployment.

Section 7 of the bill establishes the effective date.

 EXISTING LAW :


Labor Law § 593(1) provides that a voluntary separation from
employment may be with good cause if the separation resulted from
circumstances where the claimant was a victim of domestic violence.

Labor Law § 593(2) provides that a claimant shall not be ineligible
for unemployment benefits as a consequence of refusing to accept
employment under certain circumstances.

Labor Law § 596(5) provides that a claimant who is unable or unwilling
to work full-time and customarily works less than the usual full time
hours at his place of employment, shall register as a short time
worker and be considered to have worked a full-time week.

Labor Law § 601 provides that a state "on indicator" to trigger
extended benefits must be based on state's Insured Unemployment Rate
(IUR), which may be federally reimbursed at a 50% rate.

Labor Law § 601(1)(a)(4) defines "eligibility period" as the period
beginning within an extended benefit period until the end of that
period.

Labor Law § 601(2)(f) provides that a claimant must have twenty weeks
of full-time employment or remuneration equal to 40 times his most
recent benefit rate to qualify for extended benefits.

Labor Law § 601(4) provides that governmental entities that do not
contribute to the Unemployment Trust Fund must assume the cost of
extended benefits.

 PRIOR LEGISLATIVE HISTORY :

This is a new proposal.

 JUSTIFICATION :

This legislation would provide an additional 13 weeks of unemployment
benefits to approximately 120,000 New Yorkers who are out of work.
Congress recently approved 33 weeks of extended unemployment benefits
beyond the 26 weeks of regular benefits allowed under state law, but
these extended benefits will start to run out in mid-May. Unless this
legislation is adopted, 56,000 New Yorkers will lose their
unemployment benefits at that time, and an additional 5,000 to 8,000
will exhaust their benefits in each following week. If their benefits
are not continued, the impact on local governments statewide will be
immediate since the potential exists for these New Yorkers to enter
the social services system at once. Since UI benefits are the only
source of income for many unemployed workers, the failure to provide
benefits will also impact local economies. Studies show that every
dollar paid to workers returns approximately $1.64 to local businesses
from spending on food, rent and other basic needs.

New York is eligible to receive more than $600 million in federal
funds for unemployment benefits and administration approved by
Congress under the American Recovery and Reinvestment Act of 2009
(ARRA). In order to qualify, the state unemployment law must conform
to ARRA language concerning eligibility for benefits for separation
from employment due to compelling family reasons, including domestic
violence, the illness or disability of an immediate family member, or
the need to accompany the individual's spouse to a new location of
employment. Each of these compelling reasons have long been recognized
under well established state case law and statutes and would not
create new grounds for benefit eligibility in New York.

This bill would also create an alternate trigger to provide an
additional thirteen weeks of extended benefits to New Yorkers by using
the state's total unemployment rate (TUR).  Currently, the state
trigger is based on the average weekly number of individuals filing
claims for benefits, known as the uninsured rate of employment (IUR).
The TUR would apply only when Congress has appropriated funds to pay
100% of the costs of extended benefits. New York's most recently
calculated TUR meets the federal threshold, but the IUR falls short
and it is not expected to trigger on this year.  An amendment to the
state law is needed to include the TUR allow New York to receive 100%
reimbursement for extended benefits under the ARRA.

In light of current economic conditions, the State must do all it can
to deliver UI benefits to the unemployed, and make maximum use of all
funds available to meet its UI costs.

 FISCAL IMPLICATIONS :

The changes proposed in this legislation will bring an estimated $645
million in new federal funding to New York to cover the costs of UI
benefits, extended benefits, and the administration of the State UI
system. There would be a $4 million cost to the state for any benefits
which are not federally funded under the ARRA.

 EFFECTIVE DATE :
This proposal would take effect immediately upon enactment.

2009-S4110 - Bill Text download pdf

co-Sponsors

2009-S4110A (ACTIVE) - Details

2009-S4110A (ACTIVE) - Summary

2009-S4110A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4110A          REVISED 05/18/09

 TITLE OF BILL :
An act to amend the labor law, in relation to unemployment insurance
benefits and part-time work, voluntary separations from employment,
and on/off indicators for extended unemployment insurance benefits;
and in relation to extended benefits


 PURPOSE :
To conform New York's unemployment insurance law to federal law to
allow the state to use federal funds to provide extended benefits to
New Yorkers whose unemployment benefits will otherwise expire, and to
provide additional federal money for the Unemployment Insurance Trust
Fund.

 SUMMARY OF PROVISIONS :
Section 1 of the bill would amend Labor Law § 593(1) to allow the
state to provide federally-funded unemployment benefits for
individuals who leave work for compelling family reasons and who are
currently eligible for benefits under state case law and statutes, by
conforming the language of state law to federal law.

Sections 2 and 3 of the bill would amend Labor Law §593(2) and §596(5)
to provide that individuals who work part-time and are unwilling or
unable to work full-time would not be disqualified from receiving

benefits if they refuse to accept full-time employment.

Section 4 of the bill would make the following changes to Labor Law
§601:

* Labor Law §601(1)(a) would be amended to create a new unemployment
rate trigger, known as the "total unemployment rate (TUR)," to make
New York eligible for federally-funded unemployment benefits whenever
Congress provides 100% reimbursement for benefits.

* Labor Law §601(1)(a) (2) would be amended to provide that a "state
off indicator" would end the trigger if the conditions creating it no
longer exist.

* Labor Law §601(1)(a)(4) would be added to provide a definition for
the TUR trigger.

* Labor Law §601(1)(b) would be amended to extend the UI eligibility
period to include the alternate eligibility period provided by federal
law.

* The definitions for "extended benefits" and "regular benefits" would
be amended to conform to federal law.

* Labor Law §601(2)(t) would be amended to conform language regarding
earning requirements to federal law.

* Labor Law §601(3} would be amended to provide additional benefits
during "periods of high unemployment," where Congress provides 100%
sharing of the benefit costs.

* Labor Law §601(4} would be amended to conform UI benefit charging
for Indian tribes to federal law, and to charge the benefit costs for
a federal extended benefit program to the UI general account.

* Labor law §601(5} would be amended to conform state law to federal
law which excludes individuals from work search requirements if they
are receiving unemployment benefits while in approved training
programs, and to conform state law concerning work requirements to
reestablish eligibility for unemployment.
Section 7 of the bill establishes the effective date.

 EXISTING LAW :
Labor Law § 593(1} provides that a voluntary separation from
employment may be with good cause if the separation resulted from
circumstances where the claimant was a victim of domestic violence.
Labor Law § 593(2} provides that a claimant shall not be ineligible
for unemployment benefits as a consequence of refusing to accept
employment under certain circumstances.  Labor Law § 596(5} provides
that a claimant who is unable or unwilling to work full-time and
customarily works less than the usual full time hours at his place of
employment, shall register as a short time worker and be considered to
have worked a full-time week.  Labor Law § 601 provides that a state
"on indicator" to trigger extended benefits must be based on state's
Insured Unemployment Rate (IUR), which may be federally reimbursed at
a 50% rate.  Labor Law § 601(1}(a)(4) defines "eligibility period" as
the period beginning within an extended benefit period until the end
of that period.  Labor Law § 601(2}(f) provides that a claimant must
have twenty weeks of full-time employment or remuneration equal to 40
times his most recent benefit rate to qualify for extended benefits.
Labor Law § 601(4} provides that governmental entities that do not
contribute to the Unemployment Trust Fund must assume the cost of
extended benefits.

 PRIOR LEGISLATIVE HISTORY :
This is a new proposal.

 JUSTIFICATION :
New York is eligible to receive more than $600 million in federal
funds for unemployment benefits and administration approved by
Congress under the American Recovery and Reinvestment Act of 2009
(ARRA). This legislation would allow the state to use part of these
funds to provide an additional 13 weeks of unemployment benefits to
approximately 120,000 New Yorkers who are out of work.  Previously,
Congress approved 33 weeks of extended unemployment benefits beyond
the 26 weeks of regular benefits allowed under state law, but these
extended benefits will start to run out in mid-May.  Unless this
legislation is adopted, 56,000 New Yorkers will lose their
unemployment benefits at that time, and an additional 5,000 to 8,000
will exhaust their benefits in each week after that. If these benefits
are not continued, the impact on local governments statewide will be
immediate since the potential exists for many of these New Yorkers to
enter the social services system at once. Since unemployment benefits
are the only Source of income for many unemployed workers, the failure
to provide benefits will also impact local economies. Studies show
that every dollar paid to workers returns approximately $1.64 to local
businesses from spending on food, rent and other basic needs.  This
bill would also create an alternate trigger to allow New York to
receive federal funds for extended benefits whenever Congress
appropriates 100% reimbursement for extended benefits. The alternative
trigger would be based on the state's total unemployment rate (TUR).
Currently, the state trigger is based uninsured rate of employment
(IUR) , which is limited to the average weekly number of individuals
filing claims. New York's most recently calculated TUR meets the
federal threshold, but the IUR falls short and is not expected to
trigger on this year. An amendment to the state law is needed to
include the TUR to allow New York to receive 100% reimbursement for
extended benefits under the ARRA.  In addition, the bill would provide
several hundred million dollars to the Unemployment Insurance Trust
Fund which pays benefits to unemployed workers. The Fund is currently
insolvent. New York has had to borrow money from the federal
government for which state interest is owed. In order to qualify for
these funds, the state unemployment law must conform to ARRA language
to allow individuals to receive benefits when they voluntarily
separate from employment for compelling family reasons, including
domestic violence, the illness or disability of an immediate family
member, and the need to accompany the individual's spouse to a new
location of employment.  Each of these compelling reasons has long
been recognized under state case law and statutes, and would not
create new grounds for benefit eligibility in New York.  In light of
current economic conditions, the State must do all it can to deliver
UI benefits to the unemployed, and make maximum use of all funds
available to meet its UI costs.

 FISCAL IMPLICATIONS :
The changes proposed in this legislation will bring an estimated $645
million in new federal funding to New York to Cover the costs of UI
benefits, extended benefits, and the administration of the State UI
system. The bill would increase costs on the State and localities
during 2009 for which benefits are not federally funded under ARRA, by
$4 million and $24 million respectively. These added costs will be
offset, in part, by increased tax revenue from recipients of UI
benefits.

 EFFECTIVE DATE :
This proposal would take effect immediately upon enactment.

2009-S4110A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4110--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 13, 2009
                               ___________

Introduced  by Sens. ONORATO, KRUEGER -- (at request of the Governor) --
  read twice and ordered printed, and when printed to  be  committed  to
  the  Committee  on Labor -- reported favorably from said committee and
  committed to the Committee on Finance --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the labor law, in  relation  to  unemployment  insurance
  benefits  and  part-time  work, voluntary separations from employment,
  and on/off indicators for extended  unemployment  insurance  benefits;
  and in relation to extended benefits

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 593 of the labor law,  as  amended
by  chapter 415 of the laws of 1983, paragraph (a) as amended by chapter
268 of the laws of 1999, and paragraph (b) as amended by chapter 589  of
the laws of 1998, is amended to read as follows:
  1.  Voluntary  separation;  SEPARATION FOR A COMPELLING FAMILY REASON.
(a) No days of total unemployment shall  be  deemed  to  occur  after  a
claimant's voluntary separation without good cause from employment until
he  or she has subsequently worked in employment and earned remuneration
at least equal to five times his or her weekly benefit rate. In addition
to other circumstances that may  be  found  to  constitute  good  cause,
INCLUDING  A  COMPELLING  FAMILY REASON AS SET FORTH IN PARAGRAPH (B) OF
THIS SUBDIVISION, voluntary separation  from  employment  shall  not  in
itself  disqualify  a  claimant  if  circumstances have developed in the
course of such employment that would  have  justified  the  claimant  in
refusing such employment in the first instance under the terms of subdi-
vision  two  of  this  section or if the claimant, pursuant to an option
provided under a collective bargaining  agreement  or  written  employer
plan  which  permits  waiver  of his right to retain the employment when

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12032-05-9

S. 4110--A                          2

there is a temporary layoff because of lack of work, has elected  to  be
separated for a temporary period and the employer has consented thereto.
  (B)  A  [voluntary  separation may also be deemed for good cause if it
occurred as a consequence of circumstances directly resulting  from  the
claimant  being  a  victim  of  domestic violence] CLAIMANT SHALL NOT BE
DISQUALIFIED FROM RECEIVING BENEFITS FOR SEPARATION FROM EMPLOYMENT  DUE
TO  ANY  COMPELLING  FAMILY  REASON. FOR PURPOSES OF THIS PARAGRAPH, THE
TERM "COMPELLING FAMILY REASON" SHALL INCLUDE, BUT NOT  BE  LIMITED  TO,
SEPARATIONS RELATED TO ANY OF THE FOLLOWING:
  (I)   DOMESTIC  VIOLENCE,  VERIFIED  BY  REASONABLE  AND  CONFIDENTIAL
DOCUMENTATION WHICH CAUSES THE INDIVIDUAL  REASONABLY  TO  BELIEVE  THAT
SUCH INDIVIDUAL'S CONTINUED EMPLOYMENT WOULD JEOPARDIZE HIS OR HER SAFE-
TY OR THE SAFETY OF ANY MEMBER OF HIS OR HER IMMEDIATE FAMILY.
  (II) THE ILLNESS OR DISABILITY OF A MEMBER OF THE INDIVIDUAL'S IMMEDI-
ATE FAMILY. FOR THE PURPOSES OF THIS SUBPARAGRAPH:
  (A) THE TERM "ILLNESS" MEANS A VERIFIED ILLNESS WHICH NECESSITATES THE
CARE  OF THE ILL PERSON FOR A PERIOD OF TIME LONGER THAN THE EMPLOYER IS
WILLING TO GRANT LEAVE (PAID OR OTHERWISE).
  (B) THE TERM "DISABILITY" MEANS A VERIFIED DISABILITY  WHICH  NECESSI-
TATES  THE  CARE OF THE DISABLED PERSON FOR A PERIOD OF TIME LONGER THAN
THE EMPLOYER IS WILLING TO GRANT LEAVE (PAID OR OTHERWISE).   "DISABILI-
TY" ENCOMPASSES ALL TYPES OF DISABILITY, INCLUDING: (1) MENTAL AND PHYS-
ICAL  DISABILITY;  (2)  PERMANENT  AND  TEMPORARY  DISABILITIES; AND (3)
PARTIAL AND TOTAL DISABILITIES.
  (III) THE NEED FOR  THE  INDIVIDUAL  TO  ACCOMPANY  SUCH  INDIVIDUAL'S
SPOUSE  (A)  TO A PLACE FROM WHICH IT IS IMPRACTICAL FOR SUCH INDIVIDUAL
TO COMMUTE AND (B) DUE TO A CHANGE IN LOCATION OF THE  SPOUSE'S  EMPLOY-
MENT.
  [(b)]  (C)  A  disqualification  as provided in this subdivision shall
also apply after a claimant's voluntary separation  from  employment  if
such voluntary separation was due to claimant's marriage.
  S  2.  Paragraph (d) of subdivision 2 of section 593 of the labor law,
as amended by chapter 282 of the laws of 2002, is  amended  to  read  as
follows:
  (d)  the  wages  or  compensation  or  hours or conditions offered are
substantially less favorable to the claimant than those  prevailing  for
similar  work  in  the locality, or are such as tend to depress wages or
working conditions; OR
  (E) THE CLAIMANT IS SEEKING PART-TIME WORK AS PROVIDED IN  SUBDIVISION
FIVE  OF  SECTION FIVE HUNDRED NINETY-SIX OF THIS TITLE AND THE OFFER OF
EMPLOYMENT IS NOT COMPARABLE TO HIS OR HER PART-TIME WORK AS DEFINED  IN
SUCH SUBDIVISION.
  S  3. Subdivision 5 of section 596 of the labor law, as added by chap-
ter 705 of the laws of 1944 and as renumbered by section 148-a of part B
of chapter 436 of the laws of 1997, is amended to read as follows:
  5. [Short-time worker. A] PART TIME WORK.  NOTWITHSTANDING  ANY  OTHER
PROVISIONS  OF  THIS  ARTICLE,  A  claimant  who for reasons personal to
himself OR HERSELF is unable or unwilling to work [usual] full time  and
who customarily [works] WORKED less than the full time prevailing in his
OR HER place of employment [shall register, when unemployed, as a short-
time worker in such manner as the commissioner shall prescribe. The time
which  such claimant normally works in any calendar week shall be deemed
his week of full-time employment] FOR A MAJORITY  OF  THE  WEEKS  WORKED
DURING  THE  APPLICABLE  BASE  PERIOD,  SHALL NOT BE DENIED UNEMPLOYMENT
INSURANCE SOLELY BECAUSE THE CLAIMANT IS ONLY SEEKING  PART  TIME  WORK.
FOR  PURPOSES  OF  THIS SUBDIVISION, "SEEKING PART TIME WORK" SHALL MEAN

S. 4110--A                          3

THE CLAIMANT IS WILLING TO WORK FOR A NUMBER OF HOURS PER WEEK THAT  ARE
COMPARABLE  TO THE CLAIMANT'S PART TIME WORK DURING THE MAJORITY OF TIME
IN THE BASE PERIOD.
  S  4.  Section 601 of the labor law, as added by chapter 2 of the laws
of 1971, paragraphs (a) and (b)  of  subdivision  1,  paragraph  (e)  of
subdivision  2, and subdivisions 3 and 6 as amended and paragraph (f) of
subdivision 2 as added by chapter 554 of the laws of 1982, clause (i) of
subparagraph 1 of paragraph (a) of subdivision 1 as amended by section 3
of chapter 554 of the laws of 1982, paragraphs (c) and (d)  of  subdivi-
sion  2 as amended by chapter 1035 of the laws of 1981, subdivision 4 as
amended by chapter 589 of the laws of 1998, subdivision 5 as amended  by
chapter  1034  of the laws of 1981 and paragraph (f) of subdivision 5 as
added by chapter 341 of the laws of 1993, is amended to read as follows:
  S 601. Extended benefits. 1. Definitions. For  the  purposes  of  this
section:
  (a)  (1)  There  shall  be  a "state 'on' indicator" for a week if, as
determined by the commissioner in accordance with the regulations of the
secretary of labor of the United States, the rate of  insured  unemploy-
ment  for  the  period  consisting of such week and the preceding twelve
weeks [equals or exceeds]
  (i) EQUALED OR EXCEEDED five [percentum] PER CENTUM and
  (ii) EQUALED OR EXCEEDED one hundred and twenty [percentum] PER CENTUM
of the average of such rates for the corresponding thirteen-week periods
ending in each of the preceding two calendar years; OR
  (III) FOR WEEKS OF UNEMPLOYMENT BEGINNING ON OR AFTER FEBRUARY  FIRST,
TWO  THOUSAND  NINE  UNTIL THE WEEK ENDING THREE WEEKS PRIOR TO THE LAST
WEEK FOR WHICH ONE HUNDRED PERCENT  FEDERAL  SHARING  IS  AUTHORIZED  BY
SECTION 2005(A) OF PUBLIC LAW 111-5, OR FOR WEEKS OF UNEMPLOYMENT ENDING
THREE  WEEKS  PRIOR TO THE LAST WEEK FOR WHICH CONGRESS, PURSUANT TO ANY
FUTURE AMENDMENT OF THE FEDERAL STATE EXTENDED COMPENSATION ACT OF 1970,
HAS AUTHORIZED ONE HUNDRED  PERCENT  FEDERAL  SHARING,  WHICH  MEET  THE
FOLLOWING:
  (A)  THE  AVERAGE RATE OF TOTAL UNEMPLOYMENT (SEASONABLY ADJUSTED), AS
DETERMINED BY THE UNITED STATES  SECRETARY  OF  LABOR,  FOR  THE  PERIOD
CONSISTING OF THE MOST RECENT THREE MONTHS FOR WHICH DATA FOR ALL STATES
ARE  PUBLISHED  BEFORE  THE CLOSE OF SUCH WEEK EQUALS OR EXCEEDS SIX AND
ONE-HALF PERCENT, AND
  (B) THE AVERAGE RATE OF TOTAL UNEMPLOYMENT IN  THE  STATE  (SEASONABLY
ADJUSTED),  AS  DETERMINED  BY THE UNITED STATES SECRETARY OF LABOR, FOR
THE THREE-MONTH PERIOD REFERRED TO IN ITEM (A) OF THIS CLAUSE, EQUALS OR
EXCEEDS ONE HUNDRED TEN PERCENT OF THE AVERAGE FOR EITHER OR BOTH OF THE
CORRESPONDING THREE-MONTH PERIODS ENDING IN THE TWO  PRECEDING  CALENDAR
YEARS; OR
  (IV)  FOR  ANY  PERIOD OF HIGH UNEMPLOYMENT WHICH SHALL OTHERWISE MEET
ALL OF THE PROVISIONS OF CLAUSE (III) OF THIS SUBPARAGRAPH, EXCEPT  THAT
"EIGHT  PERCENT"  IS  SUBSTITUTED FOR "SIX AND ONE-HALF PERCENT" IN ITEM
(A) OF CLAUSE (III) OF THIS SUBPARAGRAPH.
  (2) There shall be a "state 'off' indicator" for a week [if, as deter-
mined by the commissioner in accordance  with  the  regulations  of  the
secretary  of  labor  of the United States, for the period consisting of
such week and the preceding twelve weeks either of  the  conditions  set
forth under (i) or (ii) of subparagraph (1) is not met] ONLY, IF FOR THE
PERIOD  CONSISTING  OF  SUCH  WEEK  AND THE IMMEDIATELY PRECEDING TWELVE
WEEKS, NONE OF THE OPTIONS SPECIFIED IN SUBPARAGRAPH ONE OF  THIS  PARA-
GRAPH  RESULT  IN  AN "ON" INDICATOR.   NOTWITHSTANDING ANY PROVISION OF
THIS ARTICLE, THERE SHALL BE A "STATE 'OFF' INDICATOR" WITH  RESPECT  TO

S. 4110--A                          4

CLAUSES  (III)  AND  (IV)  OF SUBPARAGRAPH ONE OF THIS PARAGRAPH FOR THE
WEEK ENDING THREE WEEKS PRIOR TO THE LAST WEEK  FOR  WHICH  ONE  HUNDRED
PERCENT  FEDERAL  SHARING IS AUTHORIZED BY SECTION 2005(A) OF PUBLIC LAW
111-5  OR  FOR  THE  WEEK  ENDING THREE WEEKS PRIOR TO THE LAST WEEK FOR
WHICH CONGRESS, PURSUANT TO ANY FUTURE AMENDMENT OF  THE  FEDERAL  STATE
EXTENDED  COMPENSATION  ACT  OF 1970, HAS AUTHORIZED ONE HUNDRED PERCENT
FEDERAL SHARING.
  (3) "Rate of insured unemployment" means  for  the  purposes  of  this
paragraph  the  percentage  obtained  upon  dividing  the average weekly
number of persons filing claims for regular benefits in this  state  for
unemployment  with  respect to the most recent thirteen consecutive week
period, as determined by the commissioner on the basis  of  his  OR  HER
reports  to  the secretary of labor of the United States, by the average
monthly employment subject to this article for the  first  four  of  the
last  six calendar quarters ending before the end of such period. Compu-
tations required hereunder shall be made in accordance with  regulations
prescribed by the secretary of labor of the United States.
  (4) "RATE OF TOTAL UNEMPLOYMENT" MEANS, FOR THE PURPOSES OF THIS PARA-
GRAPH,  THE  AVERAGE PERCENTAGE OBTAINED BY DIVIDING THE TOTAL NUMBER OF
UNEMPLOYED RESIDENTS OF THE STATE FOR THE MOST RECENT THREE  CONSECUTIVE
MONTHS,  AS  DETERMINED BY THE UNITED STATES BUREAU OF LABOR STATISTICS,
BY THE TOTAL CIVILIAN LABOR FORCE OF THE STATE FOR THE SAME  THREE-MONTH
PERIOD,  ALSO AS DETERMINED BY THE UNITED STATES BUREAU OF LABOR STATIS-
TICS. COMPUTATIONS REQUIRED HEREUNDER SHALL BE MADE IN  ACCORDANCE  WITH
REGULATIONS PRESCRIBED BY THE SECRETARY OF LABOR OF THE UNITED STATES.
  (b) "Extended benefit period" means a period
  (1) beginning with the third week after the first week for which there
is a state "on" indicator, except that it may not begin before the four-
teenth week after the end of a prior extended benefit period, and
  (2) ending with the third week after the first week for which there is
a  state  "off" indicator, except that the duration of such period shall
in no event be less than thirteen weeks.
  [(d)] (C) "Eligibility period" of a claimant means the period consist-
ing of the weeks in his OR HER benefit year which begin in  an  extended
benefit period and, if his OR HER benefit year ends within such extended
benefit  period,  any  weeks  thereafter  which  begin  in  such period.
NOTWITHSTANDING ANY PROVISION OF THIS ARTICLE, A CLAIMANT'S  ELIGIBILITY
PERIOD  SHALL INCLUDE ANY ALTERNATIVE ELIGIBILITY PERIOD PROVIDED FOR IN
SECTION 2005(B) OF PUBLIC LAW 111-5 OR OTHER FEDERAL LAW.
  [(e)] (D) "Extended benefits" means benefits, INCLUDING BENEFITS PAYA-
BLE TO FEDERAL CIVILIAN EMPLOYEES AND TO  EX-SERVICEMEN  PURSUANT  TO  5
U.S.C.  CHAPTER  85,  payable to a claimant under the provisions of this
section for unemployment in his OR HER eligibility period.
  [(f)] (E) "Regular benefits" means  benefits  payable  to  a  claimant
under  this article or under any other State unemployment insurance law,
INCLUDING BENEFITS PAYABLE TO FEDERAL CIVILIAN EMPLOYEES AND TO  EX-SER-
VICEMEN PURSUANT TO 5 U.S.C. CHAPTER 85, other than extended benefits.
  2.  Eligibility  conditions.  Extended  benefits shall be payable to a
claimant for effective days occurring in any week within an  eligibility
period, provided the claimant
  (a)  has  exhausted  his  OR HER rights to regular benefits under this
article in his OR HER current benefit year or, his OR HER  benefit  year
having  expired prior to such week, he OR SHE does not have the required
weeks of employment or earnings to establish a new benefit year, and  he
OR SHE has no rights to benefits under the unemployment insurance law of
any other state;

S. 4110--A                          5

  (b)  has  no  rights  to unemployment benefits or allowances under the
railroad unemployment insurance act, the trade expansion act of nineteen
hundred sixty-two, the automotive products trade act of nineteen hundred
sixty-five, or such other federal laws as are specified  in  regulations
issued by the secretary of labor of the United States;
  (c)  has  not  received and is not seeking unemployment benefits under
the unemployment compensation law of the Virgin  Islands  or  of  Canada
unless,  if  he  OR SHE is seeking such benefits, the appropriate agency
finally determines that he OR SHE is not entitled to benefits under such
law;
  (d) has satisfied the conditions of this article, required to render a
claimant eligible for regular benefits, which are applicable to extended
benefits, including not being subject to a disqualification  or  suspen-
sion; [and]
  (e)  is  not  claiming  benefits pursuant to an interstate claim filed
under the interstate benefit payment plan in a state where  an  extended
benefit  period  is  not in effect, except that this condition shall not
apply with respect to the first eight effective days for which  extended
benefits  shall  otherwise  be  payable  pursuant to an interstate claim
filed under the interstate benefit payment plan; and
  (f) in his OR HER base period has [twenty weeks of full  time  employ-
ment  subject  to this article or] remuneration [which equals or exceeds
forty times his most recent benefit rate] OF ONE AND ONE-HALF TIMES  THE
HIGH  CALENDAR  QUARTER EARNINGS IN ACCORDANCE WITH SECTION FIVE HUNDRED
TWENTY-SEVEN OF THIS ARTICLE.
  3. Extended benefit amounts;  rate  and  duration.  Extended  benefits
shall be paid to a claimant
  (a) at a rate equal to his OR HER rate for regular benefits during his
OR HER applicable benefit year but
  (b)  for not more than fifty-two effective days with respect to his OR
HER applicable benefit year, with a total maximum amount equal to  fifty
percentum  of  the  total  maximum amount of regular benefits payable in
such benefit year, and
  (c) if a claimant's benefit year ends within an extended benefit peri-
od, the remaining balance of extended benefits to which he OR SHE  would
be  entitled,  if  any, shall be reduced by the number of effective days
for which he OR SHE was entitled to receive  trade  readjustment  allow-
ances  under  the  federal  trade  act  of nineteen hundred seventy-four
during such benefit year, AND
  (D) FOR PERIODS OF HIGH UNEMPLOYMENT FOR NOT MORE THAN  EIGHTY  EFFEC-
TIVE DAYS WITH RESPECT TO THE APPLICABLE BENEFIT YEAR WITH A TOTAL MAXI-
MUM  AMOUNT EQUAL TO EIGHTY PERCENT OF THE TOTAL MAXIMUM AMOUNT OF REGU-
LAR BENEFITS PAYABLE IN SUCH BENEFIT YEAR.
  4. Charging of extended benefits. The provisions of paragraph  (e)  of
subdivision one of section five hundred eighty-one OF THIS ARTICLE shall
apply  to  benefits paid pursuant to the provisions of this section, and
if they were paid for effective days occurring in  weeks  following  the
end  of  a  benefit year, they shall be deemed paid with respect to that
benefit year. However, except for governmental entities  as  defined  in
section  five hundred sixty-five AND INDIAN TRIBES AS DEFINED IN SECTION
FIVE HUNDRED SIXTY-SIX OF THIS ARTICLE, only one-half of the  amount  of
such  benefits shall be debited to the employers' account; the remainder
thereof shall be debited to the general account, and such account  shall
be credited with the amount of payments received in the fund pursuant to
the  provisions  of the federal-state extended unemployment compensation
act.   NOTWITHSTANDING THE FOREGOING, WHERE THE  STATE  HAS  ENTERED  AN

S. 4110--A                          6

EXTENDED  BENEFIT PERIOD TRIGGERED PURSUANT TO SUBPARAGRAPH ONE OF PARA-
GRAPH (A) OF SUBDIVISION ONE OF  THIS  SECTION  FOR  WHICH  FEDERAL  LAW
PROVIDES  FOR  ONE HUNDRED PERCENT FEDERAL SHARING OF THE COSTS OF BENE-
FITS,  ALL  CHARGES  SHALL  BE  DEBITED  TO THE GENERAL ACCOUNT AND SUCH
ACCOUNT SHALL BE CREDITED WITH THE AMOUNT OF PAYMENTS  RECEIVED  IN  THE
FUND  PURSUANT TO THE PROVISIONS OF THE FEDERAL-STATE EXTENDED UNEMPLOY-
MENT COMPENSATION ACT OR OTHER FEDERAL LAW  PROVIDING  FOR  ONE  HUNDRED
PERCENT FEDERAL SHARING FOR THE COST OF SUCH BENEFITS.
  5. Applicability of other provisions. (a) Unless inconsistent with the
provisions  of  this section, all provisions of this article shall apply
to [entended] EXTENDED benefits in the same  manner  as  they  apply  to
regular benefits.
  (b) No days of total unemployment shall be deemed to occur in any week
within an eligibility period during which a claimant fails to accept any
offer  of  suitable work or fails to apply for suitable work to which he
OR SHE was referred by the commissioner, who shall make such referral if
such work is available, or during  which  he  OR  SHE  fails  to  engage
actively  in seeking work by making a systematic and sustained effort to
obtain work and providing tangible evidence of such effort, and until he
OR SHE has worked in employment during at least  four  subsequent  weeks
and earned remuneration of at least four times his OR HER benefit rate.
  (c)  For  purposes  of  this  subdivision,  "suitable  work" means any
employment which is within the claimant's capabilities, but if he OR SHE
furnishes evidence that his OR HER prospects for obtaining work  in  his
OR  HER  customary occupation within a reasonably short period are good,
the provisions of subdivision two of section five  hundred  ninety-three
of this article shall apply instead of the provisions hereof.
  (d)  Notwithstanding  the foregoing, a claimant shall not be disquali-
fied for a failure to accept an offer of or apply for suitable work if
  (i) the gross average weekly remuneration payable for  the  employment
does  not  exceed  the  claimant's  benefit  rate plus the amount of any
supplemental unemployment compensation benefits (as defined  in  section
five  hundred  one (c) (17) (D) of the internal revenue code of nineteen
hundred fifty-four) payable to the claimant for such week; or
  (ii) the employment was not offered to the claimant in writing and was
not listed with the department; or
  (iii) such failure would not result in denial of regular benefits,  to
the  extent  that  the provisions of this article for payment of regular
benefits are not inconsistent with the provisions of  this  subdivision;
or
  (iv)  the  employment  pays  wages less than the higher of the minimum
wage provided by section six (a) (1) of the fair labor standards act  of
nineteen  hundred  thirty-eight, without regard to any exemption, or the
minimum wage provided under this chapter; OR
  (V) THE CLAIMANT IS IN APPROVED  TRAINING  PURSUANT  TO  SECTION  FIVE
HUNDRED NINETY-NINE OF THIS TITLE.
  (e) No days of total unemployment shall be deemed to occur in any week
within  an  eligibility  period  [with  respect  to  a  claimant who was
disqualified for twelve months for  an  act  constituting  a  felony  as
provided in subdivision four of] UNDER section five hundred ninety-three
of  this  article, until he OR SHE has subsequently worked in employment
[on not less than three days in each of four weeks or  earned  remunera-
tion  of  at  least two hundred dollars, whether during or subsequent to
the twelve month period] IN ACCORDANCE WITH THE REQUIREMENTS  SET  FORTH
IN SECTION FIVE HUNDRED NINETY-THREE OF THIS ARTICLE.

S. 4110--A                          7

  [(f) The provisions of paragraphs (b), (c), (d) and (e) of subdivision
five  of this section shall not apply to weeks of unemployment beginning
after March sixth, nineteen  hundred  ninety-three  and  before  January
first, nineteen hundred ninety-five.]
  6.  Suspension  of  condition  for  state indicators. The governor, by
executive order, upon advice by the [industrial]  commissioner  and  the
commissioner  of [commerce] ECONOMIC DEVELOPMENT may for a period speci-
fied in the order suspend the applicability of the provisions of  [item]
CLAUSE  (ii)  of  subparagraph [(1)] ONE of paragraph (a) of subdivision
one of this section, or of the reference to such [item] SUBPARAGRAPH ONE
in subparagraph [(2)] TWO of such paragraph, or of both, if  he  OR  SHE
finds  that  such  suspension  is  required  in order to assure adequate
payment of benefits to unemployed workers in the state who  are  experi-
encing  unemployment  for  an  extended  duration,  provided the rate of
insured unemployment for the applicable period  equals  or  exceeds  six
[percentum]  PER  CENTUM and such suspension is not in conflict with the
provisions of the federal-state extended unemployment compensation  act.
The  governor may at any time prolong or shorten the period specified in
such order.
  S 5. This act shall take effect immediately.

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