§ 527 — Valid original claim

New York § 527

• Jurisdiction: New York
• Law LAB: Labor
• Title 2: Definitions
• Art. 18: Unemployment Insurance Law

Text

§ 527. Valid original claim. 1. Basic condition. "Valid original\nclaim" is a claim filed by a claimant who meets the following\nqualifications: (a) is able to work, and available for work; (b) is not\nsubject to any disqualification or suspension under this article; (c)\nhis or her previously established benefit year, if any, has expired; (d)\nhas been paid remuneration by employers liable for contributions or for\npayments in lieu of contributions under this article, other than\nemployers from whom the claimant lost employment and for which the\ncommissioner makes a determination disqualifying the claimant for\nmisconduct pursuant to subdivisions three and six of section five\nhundred ninety-three of this article, for employment during at least two\ncalendar quarters of the base period, with remuneration of one and\none-half times the high calendar quarter remuneration within the base\nperiod and with at least two hundred twenty-one times the minimum wage\nestablished under subdivision one of section six hundred fifty-two of\nthis chapter rounded down to the nearest one hundred dollars of such\nremuneration being paid during the high calendar quarter of such base\nperiod. For purposes of this section, the remuneration in the high\ncalendar quarter of the base period used in determining a valid original\nclaim shall not exceed an amount equal to twenty-two times the maximum\nbenefit rate as set forth in subdivision five of section five hundred\nninety of this article for all individuals.\n 2. Alternate condition. (a) An individual who is unable to file a\nvalid original claim in accordance with subdivision one of this section,\nfiles a valid original claim by meeting the qualifications enumerated in\nparagraphs (a), (b) and (c) of subdivision one of this section and by\nhaving been paid remuneration by employers liable for contributions or\nfor payments in lieu of contributions under this article, other than\nemployers from whom the claimant lost employment and for which the\ncommissioner makes a determination disqualifying the claimant for\nmisconduct pursuant to subdivisions three and six of section five\nhundred ninety-three of this article, for employment during at least two\ncalendar quarters of the base period, with remuneration of one and\none-half times the high calendar quarter remuneration within the base\nperiod and with at least two hundred twenty-one times the minimum wage\nestablished under subdivision one of section six hundred fifty-two of\nthis chapter rounded down to the nearest one hundred dollars of such\nremuneration being paid during the high calendar quarter of such base\nperiod. For purposes of this section, the remuneration in the high\ncalendar quarter of the base period used in determining a valid original\nclaim shall not exceed an amount equal to twenty-two times the maximum\nbenefit rate as set forth in subdivision five of section five hundred\nninety of this article for all individuals.\n (b) An individual who is able to file a valid original claim in\naccordance with subdivision one of this section, may make an application\nto the commissioner to determine his or her entitlement to benefits and\nbenefit rate pursuant to paragraph (a) of this subdivision under the\nfollowing conditions:\n (i) The claimant must file such application within ten days of the\ndate the monetary determination was mailed by the department.\n (ii) In those circumstances where a wage data report in relation to\nthe alternate condition is not due or has not been received, the\nclaimant must provide proof of remuneration paid for such quarter to the\ncommissioner's satisfaction in order for the claimant's application to\nbe considered.\n (iii) Under those circumstances where such application results in the\nclaimant being able to file a valid original claim under the basic\ncondition and the alternate condition, the claimant may select the\ncondition to be utilized.\n 3. Disability. In the case of a claimant who did not file a valid\noriginal claim solely because the claimant was not paid sufficient\nremuneration and who received workers' compensation payments or any\nbenefits paid pursuant to the volunteer firefighters' benefit law during\nthe base period specified in subdivision one of section five hundred\ntwenty of this article, said period shall be extended. The term of the\nextension shall be equivalent to the number of calendar quarters during\nwhich the claimant received such payments, but shall not exceed two\ncalendar quarters.\n 4. General condition. A valid original claim may be filed only in a\nweek that qualifies as an effective week of unemployment for the\nclaimant.\n 5. Utilization of wage credits. Remuneration used to establish a valid\noriginal claim pursuant to subdivision one, two or three of this\nsection, may not be considered for the purpose of establishing a\nsubsequent valid original claim except as provided by section five\nhundred twenty-eight of this article.\n 6. Work requirement. An individual who has filed a previous valid\noriginal claim pursuant to this section must have worked in employment\nand been paid remuneration for such work since the beginning of such\nprevious claim in an amount equal to at least ten times the claimant's\nweekly benefit rate in order to be able to file a subsequent valid\noriginal claim.\n