S T A T E O F N E W Y O R K
________________________________________________________________________
2158
2019-2020 Regular Sessions
I N A S S E M B L Y
January 22, 2019
___________
Introduced by M. of A. RICHARDSON, NIOU -- Multi-Sponsored by -- M. of
A. D'URSO, ORTIZ, SIMON -- read once and referred to the Committee on
Labor
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 section 1 of part O of chapter 57 of the laws of
2013, 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 dollars have been paid to such employee by such
employer with respect to employment during any calendar year, except
that such term does not include remuneration paid to an employee by an
employer with respect to employment during any calendar year beginning
with the first day of
that exceeds
January 2014 $10,300
January 2015 $10,500
January 2016 $10,700
January 2017 $10,900
January 2018 [11,100]$12,500
January 2019 [$11,400
January 2020 $11,600
January 2021 $11,800
January 2022 $12,000
January 2023 $12,300
January 2024 $12,500
January 2025 $12,800
January 2026 $13,000
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04448-01-9
A. 2158 2
and each year thereafter on the first day of January that exceeds
sixteen percent of the state's average annual wage as determined by the
commissioner on an annual basis pursuant to section five hundred twen-
ty-nine of this article; provided, however, that in calculating such
maximum amount of remuneration, the amount arrived at by multiplying the
state's average annual wage times sixteen percent shall be rounded up to
the nearest hundred dollars. In no event shall the state's annual aver-
age wage be reduced from the amount determined in the previous year]
$13,500
IN EACH 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.
§ 2. Paragraph (a) of subdivision 5 of section 590 of the labor law,
as amended by section 8 of part O of chapter 57 of the laws of 2013, is
amended to read as follows:
(a) A claimant's weekly benefit amount shall be one twenty-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, provided the claimant has remuneration
paid in all four calendar quarters during his or her base period or
alternate base period. However, for any claimant who has remuneration
paid in all four calendar quarters during his or her base period or
alternate base period and whose high calendar quarter remuneration
during the base period is three thousand 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 contrib-
utions under this article. A claimant's weekly benefit shall be one
twenty-sixth of the average remuneration paid in the two highest quar-
ters paid during the base period or alternate base period by employers
liable for contributions or payments in lieu of contributions under this
article when the claimant has remuneration paid in two or three calendar
quarters provided however, that a claimant whose high calendar quarter
is four thousand dollars or less but greater than three thousand five
hundred seventy-five dollars shall have a weekly benefit amount of one
twenty-sixth of such high calendar quarter. However, for any claimant
who has remuneration paid in two or three calendar quarters during his
or her base period or alternate base period and whose high calendar
quarter remuneration during the base period is three thousand five
hundred seventy-five dollars or less, the benefit amount shall be one
twenty-fifth of the remuneration paid during the highest calendar quar-
ter 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 bene-
fit 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
A. 2158 3
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 and after the first Monday of October, two
thousand fourteen, the weekly benefit shall not be less than one hundred
dollars, nor shall it exceed four hundred twenty dollars until the first
Monday of October, two thousand fifteen when the maximum benefit amount
shall be four hundred twenty-five dollars, until the first Monday of
October, two thousand sixteen when the maximum benefit amount shall be
four hundred thirty dollars, until the first Monday of [October] JULY,
two thousand seventeen when the maximum benefit amount shall be [four]
FIVE hundred [thirty-five] TWENTY-FIVE dollars, until the first Monday
of [October] JULY, two thousand eighteen when the maximum benefit amount
shall be [four] SIX hundred [fifty] dollars, until the first Monday of
[October] JULY, two thousand nineteen when the maximum benefit amount
shall be [thirty-six percent of the average weekly wage] SIX HUNDRED
FIFTY DOLLARS, until the first Monday of [October] JULY, two thousand
twenty when the maximum benefit amount shall [be thirty-eight percent of
the average weekly wage, until the first Monday of October two thousand
twenty-one when the maximum benefit amount shall be forty percent of the
average weekly wage, until the first Monday of October, two thousand
twenty-two when the maximum benefit amount shall be forty-two percent of
the average weekly wage, until the first Monday of October, two thousand
twenty-three when the maximum benefit amount shall be forty-four percent
of the average weekly wage, until the first Monday of October, two thou-
sand twenty-four when the maximum benefit amount shall be forty-six
percent of the average weekly wage, until the first Monday of October,
two thousand twenty-five when the maximum benefit amount shall be
forty-eight percent of the average weekly wage, until the first Monday
of October, two thousand twenty-six and each year thereafter on the
first Monday of October when the maximum benefit amount shall be fifty
percent of the average weekly wage provided, however, that in no event
shall the maximum benefit amount be reduced from the previous year]
EQUAL ONE-HALF OF THE STATE AVERAGE WEEKLY WAGE AS CALCULATED BY THE
DEPARTMENT NO SOONER THAN JULY FIRST, TWO THOUSAND TWENTY AND NOT LATER
THAN AUGUST FIRST, TWO THOUSAND TWENTY 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 SUBDIVI-
SION, 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 THIR-
TY-FIRST.
§ 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.