§ 565 — Governmental entities

New York § 565

• Jurisdiction: New York
• Law LAB: Labor
• Title 5: Coverage
• Art. 18: Unemployment Insurance Law

Text

§ 565. Governmental entities. 1. Definition. A governmental entity\nshall mean the state of New York, municipal corporations and other\ngovernmental subdivision and any instrumentality of one or more of the\nforegoing.\n 2. Exclusions. In addition to services not included pursuant to the\nprovisions of section five hundred eleven of this article, the term\n"employment" does not include services rendered for a governmental\nentity by:\n (a) an elected official;\n (b) a member of a legislative body or of the judiciary;\n (c) a member of the state national guard or air national guard, except\na person who renders such services as a regular state employee;\n (d) a person serving on a temporary basis in case of fire, storm,\nsnow, earthquake, flood or similar emergency;\n (e) a person in a major nontenured policymaking or advisory position;\n (f) a person in a policymaking or advisory position, the duties of\nwhich ordinarily do not require more than eight hours per week to\nperform; and\n (g) an incarcerated individual of a custodial or penal institution.\n 3. Coverage. A governmental entity shall be liable for contributions\nunder this article unless it becomes liable for payments in lieu of\ncontributions.\n 4. Election of payments in lieu of contributions. A governmental\nentity or a group of such entities liable for contribution under this\narticle may elect to become liable for payments in lieu of contributions\nas of the first day of any calendar year by filing with the commissioner\na written notice to this effect before the beginning of such year or, if\nthe governmental entity was not liable in the preceding calendar year,\nby filing the notice not later than thirty days after the end of the\ncalendar quarter in which it first became liable. The commissioner may\nfor good cause shown extend the time for the filing of such notice.\n 5. Obligation upon election. (a) A governmental entity which has\nelected to become liable for payments in lieu of contributions shall pay\ninto the fund an amount equal to the amount of benefits paid to\nclaimants and charged to its employer's account in accordance with the\nprovisions of paragraph (e) of subdivision one of section five hundred\neighty-one of this article on the basis of remuneration paid on or\nafter the date on which such liability became effective. The amount of\npayments so required shall be determined by the commissioner as soon as\npracticable after the end of each calendar quarter or any other period.\nSuch amount shall be payable quarterly or at such times and in such\nmanner as the commissioner shall prescribe and, when paid, the\nemployer's account of the governmental entity shall be discharged\naccordingly.\n (b) If governmental entities elect payments in lieu of contributions\nas a group, the members of the group shall be severally and jointly\nliable for payments of amounts equal to the amounts of benefits paid to\nclaimants and charged to the employer's accounts of all members of the\ngroup. The commissioner may prescribe conditions and methods for such\ngroup elections and for the discharge of the obligations and\nresponsibilities of the group and its members.\n 6. Termination of election. (a) A governmental entity may terminate\nits election to become liable for payments in lieu of contributions as\nof the first day of any calendar year by filing a written notice to this\neffect with the commissioner before the beginning of such year.\n (b) The commissioner may cancel at any time the election of a\ngovernmental entity which has failed to make any of the payments\nrequired hereunder within thirty days after the commissioner has\nnotified it of the liability for and the amount of such payment. Such\ncancellation shall remain in force and effect until the governmental\nentity files a new notice of election in accordance with the provisions\nof subdivision four of this section after having satisfied conditions\nand requirements prescribed by the commissioner for this purpose.\n (c) If such election is terminated by a governmental entity or\ncancelled by the commissioner, the governmental entity shall remain\nliable for payments in lieu of contributions with respect to all\nbenefits charged to its account on the basis of remuneration paid before\nthe date on which such termination or cancellation took effect.\n 7. Joint accounts. Any two or more governmental entities may form a\njoint account by complying with rules and regulations prescribed by the\ncommissioner for the establishment, maintenance and dissolution of such\naccounts.\n 8. Assessment and collection of payments in lieu of contributions. The\namount of payments in lieu of contributions due hereunder from\ngovernmental entities but not paid upon notice shall be assessed and\ncollected by the commissioner, together with interest and penalties, if\nany, in the same manner and subject to the same conditions under which\ncontributions due from other employers may be assessed and collected\nunder provisions of this article.\n 9. Special provisions applicable to the state. (a) In lieu of\ncontributions, the state of New York shall pay into the fund an amount\nequivalent to the amount of benefits paid to claimants and charged to\nthe account of the state of New York in accordance with the provisions\nof paragraph (e) of subdivision one of section five hundred eighty-one\nof this article.\n (b) The amount of payments into the fund required shall be ascertained\nby the commissioner as soon as practicable after the end of each\ncalendar year or any other shorter period and shall be payable from the\ngeneral funds of the state, except if a claimant to whom benefits were\npaid remuneration by the state of New York during his base period from a\nspecial or administrative fund provided for by law, other than an income\nfund of the state university or the mental hygiene services fund, the\npayment into the fund shall be made from such special or administrative\nfund with the approval of the director of the budget. Such payments by\nthe state shall be made at such times and in such manner as the\ncommissioner, with the approval of the director of the budget, may\ndetermine and prescribe.\n