S T A T E   O F   N E W   Y O R K
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                                 6137--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              March 8, 2011
                               ___________

Introduced  by  M. of A. WRIGHT, LANCMAN, ABBATE, JAFFEE, COLTON, ROBIN-
  SON,  ROSENTHAL,  DINOWITZ,  MILLMAN,  CLARK,  NOLAN,  MARKEY,  RAMOS,
  LIFTON,  LAVINE,  JEFFRIES,  CASTRO,  PERRY, BOYLAND, O'DONNELL, MENG,
  BRONSON -- Multi-Sponsored by -- M. of A. AUBRY,  BENEDETTO,  BRENNAN,
  CAHILL,  CONTE,  COOK,  GUNTHER,  HEASTIE,  JACOBS, LATIMER, V. LOPEZ,
  LUPARDO, McENENY, PAULIN, PEOPLES-STOKES, PRETLOW,  RABBITT,  RUSSELL,
  SCHIMEL,  SWEENEY,  WEINSTEIN, WEISENBERG -- read once and referred to
  the Committee on Labor -- recommitted to the  Committee  on  Labor  in
  accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

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

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

  Section 1. Paragraph (a) of subdivision 1 of section 518 of the  labor
law,  as  amended by chapter 589 of the laws of 1998, is amended to read
as follows:
  (a) "Wages" means all remuneration paid, except that  such  term  does
not include remuneration paid to an employee by an employer after [eight
thousand  five  hundred]  NINE THOUSAND SEVEN HUNDRED FIFTY dollars have
been paid to such employee by such employer with respect  to  employment
during  any  calendar year PRECEDING THE FIRST DAY OF JANUARY, TWO THOU-
SAND THIRTEEN, NOR TO INCLUDE REMUNERATION PAID TO  AN  EMPLOYEE  BY  AN
EMPLOYER  AFTER  TWELVE  THOUSAND FIVE HUNDRED DOLLARS HAVE BEEN PAID TO
SUCH EMPLOYEE BY SUCH EMPLOYER WITH RESPECT  TO  EMPLOYMENT  DURING  ANY
CALENDAR YEAR PRECEDING THE FIRST DAY OF JANUARY, TWO THOUSAND FOURTEEN,
NOR  TO  INCLUDE  REMUNERATION  PAID TO AN EMPLOYEE BY AN EMPLOYER AFTER
THIRTEEN THOUSAND FIVE HUNDRED DOLLARS HAVE BEEN PAID TO  SUCH  EMPLOYEE
BY  SUCH  EMPLOYER  WITH  RESPECT TO EMPLOYMENT DURING ANY CALENDAR YEAR
PRECEDING THE FIRST DAY  OF  JANUARY,  TWO  THOUSAND  FIFTEEN.  IN  EACH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03075-03-1
              

A. 6137--A                          2

SUCCEEDING CALENDAR YEAR, THE DEPARTMENT SHALL CALCULATE THE BASE AMOUNT
OF  REMUNERATION  NECESSARY  FROM WHICH TO PRODUCE SUFFICIENT PREMIUM TO
PROVIDE FOR THE ANNUAL INCREASES IN MAXIMUM WEEKLY BENEFIT PROVIDED  FOR
IN  THIS ARTICLE, AND OTHER FUNDING FOR THE UNEMPLOYMENT INSURANCE TRUST
FUND PURSUANT TO SECTION FIVE HUNDRED FIFTY OF THIS ARTICLE, AS  MAY  BE
NECESSARY.  The  term  "employment"  includes  for  the purposes of this
subdivision services  constituting  employment  under  any  unemployment
compensation law of another state or the United States.
  S  2.  Subdivision  5  of  section 590 of the labor law, as amended by
chapter 413 of the laws of 2003, is amended to read as follows:
  5. Benefit rate. A claimant's weekly benefit amount shall be one twen-
ty-sixth of the remuneration paid during the highest calendar quarter of
the base period by employers, liable for contributions  or  payments  in
lieu  of  contributions under this article. However, for claimants whose
high calendar quarter remuneration during the base period is three thou-
sand five hundred seventy-five dollars or less, the benefit amount shall
be one twenty-fifth of the remuneration paid during the highest calendar
quarter of the base period by  employers  liable  for  contributions  or
payments  in  lieu  of  contributions under this article.   Any claimant
whose high calendar quarter remuneration during the base period is  more
than  three  thousand five hundred seventy-five dollars shall not have a
weekly benefit amount less than one  hundred  forty-three  dollars.  The
weekly benefit amount, so computed, that is not a multiple of one dollar
shall  be  [lowered  to]  the  next multiple of one dollar. On the first
Monday of September, nineteen hundred ninety-eight  the  weekly  benefit
amount  shall  not  exceed  three hundred sixty-five dollars nor be less
than forty dollars, until the first Monday of September,  two  thousand,
at  which  time the maximum benefit payable pursuant to this subdivision
shall equal one-half of  the  state  average  weekly  wage  for  covered
employment  as  calculated  by the department no sooner than July first,
two thousand and no later  than  August  first,  two  thousand,  rounded
[down]  to  the  [lowest] NEXT dollar.  ON THE FIRST MONDAY OF JULY, TWO
THOUSAND TWELVE, THE WEEKLY BENEFIT SHALL NOT EXCEED FOUR HUNDRED SEVEN-
TY-FIVE DOLLARS NOR LESS THAN  SEVENTY-FIVE  DOLLARS,  UNTIL  THE  FIRST
MONDAY  OF  JULY, TWO THOUSAND THIRTEEN AT WHICH TIME THE WEEKLY BENEFIT
SHALL NOT EXCEED FIVE  HUNDRED  TWENTY-FIVE  DOLLARS,  UNTIL  THE  FIRST
MONDAY  OF  JULY, TWO THOUSAND FOURTEEN AT WHICH TIME THE MAXIMUM WEEKLY
BENEFIT SHALL NOT EXCEED SIX HUNDRED DOLLARS UNTIL THE FIRST  MONDAY  OF
JULY,  TWO  THOUSAND  FIFTEEN,  AT WHICH TIME THE MAXIMUM WEEKLY BENEFIT
SHALL NOT EXCEED SIX HUNDRED FIFTY DOLLARS UNTIL  THE  FIRST  MONDAY  OF
JULY, TWO THOUSAND SIXTEEN AT WHICH TIME THE MAXIMUM BENEFIT PURSUANT TO
THIS  SUBDIVISION  SHALL EQUAL ONE-HALF OF THE STATE AVERAGE WEEKLY WAGE
AS CALCULATED BY THE DEPARTMENT NO SOONER THAN JULY FIRST, TWO  THOUSAND
SIXTEEN  AND  NOT  LATER  THAN AUGUST FIRST, TWO THOUSAND SIXTEEN AND ON
JULY FIRST OF EACH SUCCEEDING YEAR THE MAXIMUM BENEFIT SHALL EQUAL  ONE-
HALF  OF  THE  STATE AVERAGE WEEKLY WAGE AS CALCULATED BY THE DEPARTMENT
ANNUALLY PURSUANT TO THE  MANNER  DESCRIBED  IN  THIS  SUBDIVISION.  FOR
PURPOSES OF THIS SUBDIVISION, THE TERM "STATE AVERAGE WEEKLY WAGE" SHALL
MEAN THE AVERAGE WEEKLY WAGE OF THE STATE FOR THE PREVIOUS CALENDAR YEAR
AS  REPORTED  BY  THE  COMMISSIONER  TO  THE SUPERINTENDENT OF FINANCIAL
SERVICES ON MARCH THIRTY-FIRST.
  S 3. This act shall take effect immediately and  shall  apply  to  all
claims  filed  on  and  after  the effective date of this act; provided,
however, that section one of this act shall take effect on the thirtieth
day after it shall have become a law.