NY State Senate Bill 2009-S4742

Archive: Last Bill Status - In Senate Committee Labor Committee

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to labor
Apr 27, 2009	referred to labor

2009-S4742 (ACTIVE) - Details

See Assembly Version of this Bill:: A757
Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Amd §§522 & 591, Lab L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A79
2013-2014: A1280
2015-2016: A1799
2017-2018: A2094
2019-2020: A333
2021-2022: A1136

2009-S4742 (ACTIVE) - Summary

Provides for eligibility for unemployment insurance benefits for part-time municipal elected officials who lose their primary income; provides claimant would receive benefits which equal the difference between the weekly benefit amount and the weekly earnings from his/her weekly salary as an elected official.

2009-S4742 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4742

 TITLE OF BILL :  An act to amend the labor law, in relation to
providing unemployment insurance benefits to certain part-time elected
officials

 PURPOSE OF BILL: : To allow elected county and municipal officials,
who often work for very little, to collect unemployment insurance when
they lose employment that is other than their elected position

 SUMMARY OF PROVISIONS: : Section one amends section 522 of the labor
law, as amended by chapter 720 of the laws of 1953, by excluding
service as an elected county or municipal official from the definition
of "total employment."

Section two amends section 591 of the labor law, as amended by chapter
413 of the laws of 2003, by adding that a claimant shall not be denied
unemployment insurance benefits because of such claimant's service as
an elected county or municipal official. A mathematical formula for
the amount of benefits such claimant may receive is provided.

Section three amends subdivision one of section 591 of the labor law,
as amended by chapter 466 of the laws of 1981 by adding that a
claimant shall not be denied unemployment insurance benefits because
of such claimant's service as an elected county or municipal official.
A mathematical formula for the amount of benefits such claimant may

receive is provided.

Section three defines the effective date. Section three of this
legislation shall take effect when the amendments made by section two
no longer are in effect as per section 10 of chapter 413 of the laws
of 2003.

 JUSTIFICATION: : Many small city and village officials as well as
county officials of smaller counties serve their constituencies with
little financial compensation for their duties. Often these duties
require such officials to put in many hours per week for an annual
stipend that only amounts to pennies per hour. As a result, dedicated
officials often must hold outside, full-time employment as well.

Currently, the labor law prohibits such public servants from receiving
unemployment benefits if they lose their outside full-time jobs at no
fault of their own. An example of this unfortunate circumstance
occurred in Remsen in Oneida County where the mayor's stipend was only
$850 per year. When he lost his full-time job as a manager of a retail
business he was unable to collect unemployment benefits because he
earned $16.35 each week as mayor of Remsen.

The present unemployment system may deter qualified, competent
individuals from running for elected office if they know that serving
in the public's interest would prevent them from receiving
unemployment benefits should they lose their full-time employment.
This legislation is important because it not only helps to benefit
local officials, but the residents of the communities in which the
officials serve.

 LEGISLATIVE HISTORY: : 2005-06: S.4720, referred to labor

 FISCAL IMPLICATIONS: : Minimal impact, if at all, to the unemployment
insurance fund. Only four or five officials are affected by
unemployment every year.

 EFFECTIVE DATE: : Immediately, provided, however, that the amendments
to subdivision 1 of section 591 of the labor law made by section two
of this act shall be subject to the expiration and reversion of such
subdivision pursuant to section 10 of chapter 413 of the laws of 2003,
as amended, when upon such date the provisions of section three of
this act shall take effect.

2009-S4742 (ACTIVE) - Bill Text download pdf

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

                                  4742

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced by Sen. AUBERTINE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Labor

AN  ACT  to  amend  the labor law, in relation to providing unemployment
  insurance benefits to certain part-time elected officials

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

  Section  1. Section 522 of the labor law, as amended by chapter 720 of
the laws of 1953, is amended to read as follows:
  S 522. Total unemployment. "Total unemployment" means the  total  lack
of  any  employment  on  any  day. The term "employment" as used in this
section means any employment including that not defined  in  this  title
BUT  SHALL  NOT  INCLUDE  SERVICE  AS  AN  ELECTED  COUNTY  OR MUNICIPAL
OFFICIAL.
  S 2. 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  and  who  is  unable  to engage in his OR HER usual
employment or in any other for which he OR SHE 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  OR  SUCH
CLAIMANT'S SERVICE AS AN ELECTED COUNTY OR MUNICIPAL OFFICIAL; PROVIDED,
HOWEVER  THAT  SUCH  CLAIMANT'S  PAY FOR SERVICE AS AN ELECTED COUNTY OR
MUNICIPAL OFFICIAL IS LESS THAN THE PRODUCT OF THE  MINIMUM  WAGE  TIMES
TWO  THOUSAND HOURS PER YEAR. SUCH CLAIMANT SERVING AS AN ELECTED COUNTY
OR MUNICIPAL OFFICIAL WHILE RECEIVING  UNEMPLOYMENT  INSURANCE  BENEFITS
SHALL ONLY RECEIVE THE AMOUNT OF THE DIFFERENCE BETWEEN THE WEEKLY BENE-
FIT  AMOUNT  AND  THE AMOUNT OF WEEKLY EARNINGS FROM SUCH ELECTED PUBLIC
SERVICE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01570-01-9

S. 4742                             2

  S 3. 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:
  1.  Unemployment.  Benefits  shall  be  paid only to a claimant who is
totally unemployed and who is unable to  engage  in  his  OR  HER  usual
employment  or  in any other for which he OR SHE 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 OR SUCH
CLAIMANT'S SERVICE AS AN ELECTED COUNTY OR MUNICIPAL OFFICIAL; PROVIDED,
HOWEVER THAT SUCH CLAIMANT'S PAY FOR SERVICE AS  AN  ELECTED  COUNTY  OR
MUNICIPAL  OFFICIAL  IS  LESS THAN THE PRODUCT OF THE MINIMUM WAGE TIMES
TWO THOUSAND HOURS PER YEAR. SUCH CLAIMANT SERVING AS AN ELECTED  COUNTY
OR  MUNICIPAL  OFFICIAL  WHILE RECEIVING UNEMPLOYMENT INSURANCE BENEFITS
SHALL ONLY RECEIVE THE AMOUNT OF THE DIFFERENCE BETWEEN THE WEEKLY BENE-
FIT AMOUNT AND THE AMOUNT OF WEEKLY EARNINGS FROM  SUCH  ELECTED  PUBLIC
SERVICE.
  S  4.  This act shall take effect immediately, provided, however, that
the amendments to subdivision 1 of section 591 of the labor law made  by
section two of this act shall be subject to the expiration and reversion
of such subdivision pursuant to section 10 of chapter 413 of the laws of
2003, as amended, when upon such date the provisions of section three of
this act shall take effect.

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Senate Bill S4742

Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee

2009-S4742 (ACTIVE) - Details

2009-S4742 (ACTIVE) - Summary

2009-S4742 (ACTIVE) - Sponsor Memo

2009-S4742 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4742

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Sponsored By

Darrel J. Aubertine

Archive: Last Bill Status - In Senate Committee Labor Committee

2009-S4742 (ACTIVE) - Details

2009-S4742 (ACTIVE) - Summary

2009-S4742 (ACTIVE) - Sponsor Memo

2009-S4742 (ACTIVE) - Bill Text download pdf

Comments