§ 536 — Collaboration with other states, the United States, and foreign governments

New York § 536

• Jurisdiction: New York
• Law LAB: Labor
• Title 3: Administration
• Art. 18: Unemployment Insurance Law

Text

§ 536. Collaboration with other states, the United States, and foreign\ngovernments. 1. Cooperation. The commissioner may afford reasonable\ncooperation with every agency of the United States charged with the\nadministration of any unemployment compensation law.\n 2. Agreements. (a) The commissioner is authorized to enter into\nagreements with the appropriate agencies of other states or the United\nStates whereby rights to benefits accumulated under the unemployment\ncompensation laws of the several states or of the United States, or\nboth, may constitute the basis for the payment of benefits under terms\nwhich the commissioner finds will be fair and reasonable as to all\naffected interests and will not result in any substantial loss to the\nfund.\n (b) (1) The commissioner is authorized to enter into arrangements with\nthe appropriate agencies of other states or of the United States (i)\nwhereby remuneration or services, upon the basis of which an individual\nmay become entitled to unemployment benefits under the unemployment\ncompensation law of another state or of the United States shall be\ndeemed to be remuneration and weeks of employment for the purposes of\nthis article, provided such other agency has agreed to reimburse the\nunemployment insurance fund for such portion of benefits paid under this\narticle upon the basis of such remuneration or services as the\ncommissioner finds will be fair and reasonable as to all affected\ninterests, and (ii) whereby the commissioner will reimburse such\nagencies with such reasonable portion of unemployment benefits, paid\nunder the laws of any such other states or of the United States upon the\nbasis of employment or remuneration paid by employers for employment, as\nthe commissioner finds will be fair and reasonable as to all affected\ninterests. Reimbursements so payable shall be deemed benefits for the\npurpose of this article. The commissioner is hereby authorized to make\nreimbursements from the fund to such agencies and to receive from them\nreimbursements to the fund, in accordance with arrangements pursuant to\nthis section.\n (2) The commissioner shall participate in any arrangements for the\npayment of benefits on the basis of combining a claimant's remuneration\nand services covered under this article with those covered under the\nlaws of other states which are approved by the secretary of labor of the\nUnited States as provided in the federal unemployment tax act. The terms\nof any such arrangements shall be deemed to comply with the foregoing\nprovisions of this paragraph.\n (c) The commissioner is authorized to enter into reciprocal agreements\nwith the appropriate agencies of other states in regard to services on\nvessels engaged in interstate or foreign commerce whereby such services\nfor a single employer, wherever performed, shall be deemed performed\nwithin this state or within any such other state.\n (d) The commissioner is authorized to enter into reciprocal agreements\nwith appropriate agencies of other states or of the United States, under\nterms which he finds will be fair and reasonable as to all affected\ninterests, (1) whereby employer contributions erroneously paid to this\nstate, or such other states or the United States because of the bona\nfide belief that all or some of the employees were covered under the\nunemployment insurance laws of this state, or of such other states or of\nthe United States, may be repaid or transferred to the unemployment\ninsurance fund of that state or of the United States under whose law\nsuch contributions were actually due, (2) whereby such contributions\nupon repayment or transfer to the unemployment insurance fund shall be\ndeemed to have been paid as of the dates payments thereof were made to\nthe transferring agency, (3) permitting such repayments or transfers by\nthis state without regard to the time limitations governing refund of\ncontributions contained in section five hundred seventy, subdivision\nfive. Such agreements may also provide for the reimbursement to the\nunemployment insurance fund of the transferring agency of all benefits\nwhich were paid on the basis of employment for which the contributions\ntransferred were paid in error. Any such reimbursement of benefits by\nthis state in accordance herewith shall be deemed benefits paid for the\npurposes of and pursuant to the provisions of this article as of the\ndates of payment of such benefits by the transferring agency.\n * (e) The commissioner is authorized to enter into an agreement with\nthe appropriate agency of the United States, whereby, in accordance with\na law of the United States (i) the commissioner shall, as agent of the\nUnited States, provide for the payment of additional benefits to\nclaimants whose rights as provided under title seven of this article\nhave been exhausted, or (ii) the state shall be reimbursed for\nadditional benefits paid pursuant to title eleven of this article. The\ncommissioner is hereby authorized to receive and disburse funds from the\nUnited States, or any appropriate agency thereof, in accordance with any\nsuch agreement.\n * NB Expired September 1, 1963\n 3. Investigations and information. The commissioner is empowered to\nmake investigations and secure information as requested by the agency of\nany state, of the federal government, or of any foreign government\ncharged with the administration of any unemployment compensation law or\nany public employment service law as he deems necessary or appropriate\nto facilitate the administration of such law by such agency and may,\nnotwithstanding the provisions of section five hundred thirty-seven of\nthis article, transmit the results of such investigations and such\ninformation to such agency. For this purpose, the commissioner is\nempowered to make available services and facilities and to exercise the\nother powers provided in this article with respect to the administration\nthereof. The commissioner is further empowered to request any such\nagency, or the officers or employees of any such agency, to undertake on\nhis behalf any investigation and to secure information needed in the\nadministration of this article and to accept and utilize information,\nservices, and facilities made available to this state by any such\nagency.\n 4. Manpower training. The commissioner is hereby authorized to\nparticipate in the federal manpower development and training act of\nnineteen hundred sixty-two as amended and may approve for expenditure\nfrom available funds such sums as may be required to enable the state to\ncarry out the purposes of such act.\n