§ 581-A — Rates of contributions to fund in emergency

§ 581-a. Rates of contributions to fund in emergency. 1.\nNotwithstanding the provisions of section five hundred eighty-one of\nthis chapter to the contrary, all employers whose employees received\npayments due to a layoff caused by flood conditions shall not have\nincluded in their experience rating charges the amounts so paid to the\nemployees from the fund for the period of from June twenty-third,\nnineteen hundred seventy-two through June twenty-third, nineteen hundred\nseventy-three. Application for permission to exclude such payments\nshall be made to the commissioner on or before the first day of October,\nnineteen hundred seventy-three, and the provisions of subdivision six of\nsection five hundred eighty-one of this chapter shall not apply hereto.\n 2. Notwithstanding the provisions of section five hundred eighty-one\nof this chapter to the contrary, all employers whose employees received\npayments due to the waiver of the waiting period pursuant to the\nprovisions of subdivision nine of section five hundred ninety of this\nchapter shall not have included in their experience rating charges the\namounts so paid to the employees from the fund for such waived waiting\nperiod during the snow and energy emergency of January and February,\nnineteen hundred seventy-seven. Application for permisssion to exclude\nsuch payments shall be made to the commisssioner on or before the first\nday of October, nineteen hundred seventy-seven, and the provisions of\nsubdivision six of section five hundred eighty-one of this chapter shall\nnot apply hereto.\n 3. Notwithstanding the provisions of section five hundred eighty-one\nof this title to the contrary, and for the purpose of responding to the\nCOVID-19 pandemic, any employer whose employees receive payments under\nthis article for unemployment claims made on or after March ninth, two\nthousand twenty and through the duration of the state disaster emergency\ndeclared by executive order number two hundred two of two thousand\ntwenty and any further amendments or modifications thereto, or December\nthirty-first two thousand twenty-one, whichever is later, shall not have\nincluded in their experience rating charges the amounts so paid to the\nemployees from the fund. Such charges, if not reimbursed, in whole or in\npart by the federal government, shall be made to the general account for\nthe fund created by section five hundred fifty of this article.\n 4. The provisions of this section shall apply to an employer liable\nfor contributions or payments in lieu of contributions, but if the\nsecretary of labor of the United States finds that their application to\nsuch employer does not meet the requirements of the Federal Unemployment\nTax Act, such provisions shall be inoperative with respect to such\nemployer, unless and until such finding has been set aside pursuant to a\nfinal decision issued in accordance with such judicial review\nproceedings as may be instituted and completed under the provisions of\nsection thirty-three hundred ten of the Federal Unemployment Tax Act.\n