§ 590 — Rights to benefits

New York § 590

• Jurisdiction: New York
• Law LAB: Labor
• Title 7: Benefits and Claims
• Art. 18: Unemployment Insurance Law

Text

§ 590. Rights to benefits. 1. Entitlement to benefits. A claimant\nshall be entitled to accumulate effective weeks for the purpose of\nbenefit rights only if he has complied with the provisions of this\narticle regarding the filing of his claim, including the filing of a\nvalid original claim, registered as totally or partially unemployed,\nreported his subsequent employment and unemployment, and reported for\nwork or otherwise given notice of the continuance of his unemployment.\n 2. Notice of eligibility upon separation from employment. Every\nemployer liable under this article for contributions shall inform each\nemployee of their right to file an application for unemployment benefits\nwith the department. Such information shall be given at the time of each\npermanent or indefinite separation from employment, reduction in hours,\ntemporary separation, and any other interruption of continued employment\nthat results in total or partial unemployment. Such notice shall be\ngiven in writing on a form furnished or approved by the department and\nshall include:\n (a) the employer's name and registration number;\n (b) the address of the employer to which a request for remuneration\nand employment information with respect to such employee must be\ndirected; and\n (c) such other information as is required by the commissioner.\n 3. Compensable periods. Benefits shall be paid for each effective\nweek.\n 4. Duration. Benefits shall not be paid in an amount greater than\ntwenty-six times the claimant's weekly benefit rate in any benefit year,\nexcept as provided in section six hundred one and subdivision two of\nsection five hundred ninety-nine of this chapter.\n * 5. Benefit rate. (a) A claimant's weekly benefit amount shall be one\ntwenty-sixth of the remuneration paid during the highest calendar\nquarter of the base period by employers, liable for contributions or\npayments in lieu of contributions under this article, provided the\nclaimant has remuneration paid in all four calendar quarters during his\nor her base period or alternate base period. However, for any claimant\nwho has remuneration paid in all four calendar quarters during his or\nher base period or alternate base period and whose high calendar quarter\nremuneration during the base period is three thousand five hundred\nseventy-five dollars or less, the benefit amount shall be one\ntwenty-fifth of the remuneration paid during the highest calendar\nquarter of the base period by employers liable for contributions or\npayments in lieu of contributions under this article. A claimant's\nweekly benefit shall be one twenty-sixth of the average remuneration\npaid in the two highest quarters paid during the base period or\nalternate base period by employers liable for contributions or payments\nin lieu of contributions under this article when the claimant has\nremuneration paid in two or three calendar quarters provided however,\nthat a claimant whose high calendar quarter is four thousand dollars or\nless but greater than three thousand five hundred seventy-five dollars\nshall have a weekly benefit amount of one twenty-sixth of such high\ncalendar quarter. However, for any claimant who has remuneration paid in\ntwo or three calendar quarters during his or her base period or\nalternate base period and whose high calendar quarter remuneration\nduring the base period is three thousand five hundred seventy-five\ndollars or less, the benefit amount shall be one twenty-fifth of the\nremuneration paid during the highest calendar quarter of the base period\nby employers liable for contributions or payments in lieu of\ncontributions under this article. Any claimant whose high calendar\nquarter remuneration during the base period is more than three thousand\nfive hundred seventy-five dollars shall not have a weekly benefit amount\nless than one hundred forty-three dollars. The weekly benefit amount, so\ncomputed, that is not a multiple of one dollar shall be lowered to the\nnext multiple of one dollar. On the first Monday of September, nineteen\nhundred ninety-eight the weekly benefit amount shall not exceed three\nhundred sixty-five dollars nor be less than forty dollars, until the\nfirst Monday of September, two thousand, at which time the maximum\nbenefit payable pursuant to this subdivision shall equal one-half of the\nstate average weekly wage for covered employment as calculated by the\ndepartment no sooner than July first, two thousand and no later than\nAugust first, two thousand, rounded down to the lowest dollar. On and\nafter the first Monday of October, two thousand fourteen, the weekly\nbenefit shall not be less than one hundred dollars, nor shall it exceed\nfour hundred twenty dollars until the first Monday of October, two\nthousand fifteen when the maximum benefit amount shall be four hundred\ntwenty-five dollars, until the first Monday of October, two thousand\nsixteen when the maximum benefit amount shall be four hundred thirty\ndollars, until the first Monday of October, two thousand seventeen when\nthe maximum benefit amount shall be four hundred thirty-five dollars,\nuntil the first Monday of October, two thousand eighteen when the\nmaximum benefit amount shall be four hundred fifty dollars, until the\nfirst Monday of October, two thousand nineteen when the maximum benefit\namount shall be thirty-six percent of the average weekly wage until the\nfirst Monday of October, two thousand twenty when the maximum benefit\namount shall be thirty-eight percent of the average weekly wage, until\nthe first Monday of October two thousand twenty-one when the maximum\nbenefit amount shall be forty percent of the average weekly wage, until\nthe first Monday of October, two thousand twenty-two when the maximum\nbenefit amount shall be forty-two percent of the average weekly wage,\nuntil the first Monday of October, two thousand twenty-three when the\nmaximum benefit amount shall be forty-four percent of the average weekly\nwage, until the first Monday of October, two thousand twenty-four when\nthe maximum benefit amount shall be forty-six percent of the average\nweekly wage, until the first Monday of October, two thousand twenty-five\nwhen the maximum benefit amount shall be forty-eight percent of the\naverage weekly wage, until the first Monday of October, two thousand\ntwenty-six and each year thereafter on the first Monday of October when\nthe maximum benefit amount shall be fifty percent of the average weekly\nwage provided, however, that in no event shall the maximum benefit\namount be reduced from the previous year.\n (b) Notwithstanding the foregoing, the maximum benefit amount shall\nnot be increased in accordance with the schedule set forth in paragraph\n(a) of this subdivision in any year in which the balance of the fund is\ndetermined by the commissioner to not have reached or exceeded thirty\npercent of the average high cost multiple, as defined in 20 CFR Part 606\nas the standard for receipt of interest-free federal loans, on at least\none day between April first and June thirtieth of the same calendar year\nas the increase shall take effect. If, following such suspension of an\nincrease in the maximum benefit amount, the commissioner shall\ndetermine, on at least one day between April first and June thirtieth\nthat the balance of the fund is greater than such thirty percent average\nhigh cost multiple, then the maximum benefit amount shall increase to\nthe percentage for the year previously scheduled to be established\npursuant to paragraph (a) of this subdivision had the increase not been\nsuspended and increased annually thereafter in accordance with the\nschedule set forth in paragraph (a) of this subdivision. In no case\nshall such suspension result in a reduction of the maximum benefit\namount to less than the amount provided in the most recent year.\n (c) Benefit for partial unemployment. Except as provided in paragraph\n(d) of this subdivision, any claimant who is partially unemployed with\nrespect to any effective week shall be paid, with respect to such\neffective week, a benefit equal to his weekly benefit rate less the\ntotal of the remuneration, if any, paid or payable to him with respect\nto such week for services performed which is in excess of his partial\nbenefit credit.\n * NB Effective until certain provisions are met (see Ch. 56 of 2025,\nPart KK, § 4)\n * 5. Benefit rate. (a) A claimant's weekly benefit amount shall be one\ntwenty-sixth of the remuneration paid during the highest calendar\nquarter of the base period by employers, liable for contributions or\npayments in lieu of contributions under this article, provided the\nclaimant has remuneration paid in all four calendar quarters during such\nclaimant's base period or alternate base period. However, for any\nclaimant who has remuneration paid in all four calendar quarters during\nsuch claimant's base period or alternate base period and whose high\ncalendar quarter remuneration during the base period is three thousand\nfive hundred seventy-five dollars or less, the benefit amount shall be\none twenty-fifth of the remuneration paid during the highest calendar\nquarter of the base period by employers liable for contributions or\npayments in lieu of contributions under this article. A claimant's\nweekly benefit shall be one twenty-sixth of the average remuneration\npaid in the two highest quarters paid during the base period or\nalternate base period by employers liable for contributions or payments\nin lieu of contributions under this article when the claimant has\nremuneration paid in two or three calendar quarters provided however,\nthat a claimant whose high calendar quarter is four thousand dollars or\nless but greater than three thousand five hundred seventy-five dollars\nshall have a weekly benefit amount of one twenty-sixth of such high\ncalendar quarter. However, for any claimant who has remuneration paid in\ntwo or three calendar quarters during such claimant's base period or\nalternate base period and whose high calendar quarter remuneration\nduring the base period is three thousand five hundred seventy-five\ndollars or less, the benefit amount shall be one twenty-fifth of the\nremuneration paid during the highest calendar quarter of the base period\nby employers liable for contributions or payments in lieu of\ncontributions under this article. Any claimant whose high calendar\nquarter remuneration during the base period is more than three thousand\nfive hundred seventy-five dollars shall not have a weekly benefit amount\nless than one hundred forty-three dollars. The weekly benefit amount, so\ncomputed, that is not a multiple of one dollar shall be lowered to the\nnext multiple of one dollar. On the first Monday of September, nineteen\nhundred ninety-eight the weekly benefit amount shall not exceed three\nhundred sixty-five dollars nor be less than forty dollars, until the\nfirst Monday of September, two thousand, at which time the maximum\nbenefit payable pursuant to this subdivision shall equal one-half of the\nstate average weekly wage for covered employment as calculated by the\ndepartment no sooner than July first, two thousand and no later than\nAugust first, two thousand, rounded down to the lowest dollar. On and\nafter the first Monday of October, two thousand fourteen, the weekly\nbenefit shall not be less than one hundred dollars, nor shall it exceed\nfour hundred twenty dollars until the first Monday of October, two\nthousand fifteen when the maximum benefit amount shall be four hundred\ntwenty-five dollars, until the first Monday of October, two thousand\nsixteen when the maximum benefit amount shall be four hundred thirty\ndollars, until the first Monday of October, two thousand seventeen when\nthe maximum benefit amount shall be four hundred thirty-five dollars,\nuntil the first Monday of October, two thousand eighteen when the\nmaximum benefit amount shall be four hundred fifty dollars, until the\nfirst Monday of October, two thousand nineteen when the maximum benefit\namount shall be thirty-six percent of the average weekly wage until the\nfirst Monday of October, two thousand twenty-five when the maximum\nbenefit amount shall be eight hundred sixty-nine dollars, until the\nfirst Monday of October, two thousand twenty-six and each year\nthereafter on the first Monday of October when the maximum benefit\namount shall be fifty percent of the average weekly wage provided,\nhowever, that in no event shall the maximum benefit amount be reduced\nfrom the previous year.\n (b) Notwithstanding the foregoing, except for the increase to the\nmaximum benefit amount that is scheduled to occur on the first Monday of\nOctober in the year two thousand twenty-five, the maximum benefit amount\nshall not be increased in accordance with the schedule set forth in\nparagraph (a) of this subdivision in any year in which the balance of\nthe fund is determined by the commissioner to not have reached or\nexceeded thirty percent of the average high cost multiple, as defined in\n20 CFR Part 606 as the standard for receipt of interest-free federal\nloans, on at least one day between April first and June thirtieth of the\nsame calendar year as the increase shall take effect. If, following such\nsuspension of an increase in the maximum benefit amount, the\ncommissioner shall determine, on at least one day between April first\nand June thirtieth that the balance of the fund is greater than such\nthirty percent average high cost multiple, then the maximum benefit\namount shall increase to the percentage for the year previously\nscheduled to be established pursuant to paragraph (a) of this\nsubdivision had the increase not been suspended and increased annually\nthereafter in accordance with the schedule set forth in paragraph (a) of\nthis subdivision. In no case shall such suspension result in a reduction\nof the maximum benefit amount to less than the amount provided in the\nmost recent year.\n (c) Benefit for partial unemployment. Any claimant who is partially\nunemployed with respect to any effective week shall be paid, with\nrespect to such effective week, a benefit equal to their weekly benefit\nrate less the total of the remuneration, if any, paid or payable to them\nwith respect to such week for services performed which is in excess of\ntheir partial benefit credit.\n * NB Effective upon certain provisions (see Ch. 56 of 2025, Part KK, §\n4)\n 6. Notification requirement. No effective week shall be counted for\nany purposes except effective weeks as to which notification has been\ngiven in a manner prescribed by the commissioner.\n 7. Waiting period. A claimant shall not be entitled to accumulate\neffective weeks for the purpose of benefit payments until he has\naccumulated a waiting period of one effective week.\n 8. Benefit payments to professional athletes. If substantially all of\na claimant's employment during his base period is as a participant in\nsports or athletic events or in training or preparing to so participate,\nno benefits shall be payable for any week commencing during the period\nbetween two successive sports seasons or similar periods, provided there\nis a reasonable assurance that the claimant will perform services in\nsuch capacity for both of such seasons or similar periods.\n For the purposes of this subdivision, "reasonable assurance" shall\nmean a written contract that the claimant will perform services in the\nsame capacity during the ensuing sports season or similar period or a\nclaimant's offering of services in the successive season or similar\nperiod and an interest by an employer in employing him.\n 9. Benefits based on employment performed by undocumented noncitizens.\n(a) Remuneration received by a claimant who was a noncitizen at the time\nsuch remuneration was paid shall not be taken into consideration for the\npurpose of establishing rights to benefits under this article unless the\nclaimant was then lawfully admitted for permanent residence in the\nUnited States, was then lawfully present for purposes of performing such\nservices or was then permanently residing in the United States under\ncolor of law, including a claimant lawfully present pursuant to section\n207 or 208 of the federal immigration and nationality act.\n (b) A determination that benefits are not payable to a claimant\nbecause of the claimant's noncitizen status shall be made only upon a\npreponderance of the evidence, and shall be effective only if it is in\nconformity with section 3304 (a) (14) of the federal unemployment tax\nact.\n (c) Any data or information required of a claimant to determine\nwhether benefits are not payable to such claimant because of noncitizen\nstatus shall be uniformly required from all claimants.\n (d) A noncitizen who is not eligible under 8 USC 1621(a) shall be\neligible for benefits, provided such noncitizen is eligible for benefits\nunder the provisions of this article and section 3304 (a) (14) of the\nfederal unemployment tax act.\n 10. Benefits based on professional employment with educational\ninstitutions, including the state university of New York, the city\nuniversity of New York and any public community colleges. If a claimant\nwas employed in an instructional, research, or principal administrative\ncapacity by an institution of education, including the state university\nof New York, the city university of New York and any public community\ncolleges, or performed services in such an institution in such capacity\nwhile employed by an educational service agency, the following shall\napply to any week commencing during the period between two successive\nacademic years or terms, or during a similar period between two regular\nbut not successive terms when the contract provides therefor instead,\nprovided the claimant has a contract to perform, or there is a\nreasonable assurance that the claimant will perform, services in such\ncapacity for any such institution or institutions for both of such\nacademic years or such terms, and to any week commencing during an\nestablished and customary vacation period or holiday recess, not between\nsuch academic terms or years, provided the claimant performed services\nfor such institution immediately before such vacation period or holiday\nrecess and there is a reasonable assurance that the claimant will\nperform any services described in this subdivision or subdivision eleven\nof this section in the period immediately following such vacation period\nor holiday recess:\n (a) In the case of a claimant who has no current benefit year, whether\nthe claimant meets the conditions of section five hundred twenty-seven\nin any such week shall be determined by disregarding the remuneration\npaid for such employment.\n (b) In the case of a claimant who does have a current benefit year, no\nbenefits shall be payable with respect to any such week provided the\nclaimant would not have met the conditions of section five hundred\ntwenty-seven in the week in which the claimant filed a valid original\nclaim if the remuneration paid for such employment is disregarded.\n (c) The benefit rate of a claimant with respect to any such week shall\nbe determined or redetermined by disregarding the remuneration paid for\nsuch employment.\n "Educational service agency" means a governmental agency or\ngovernmental entity or Indian tribal entity which is established and\noperated exclusively for the purpose of providing to one or more\neducational institutions services mentioned under this subdivision or\nsubdivision eleven of this section.\n For purposes of this subdivision or subdivision eleven of this\nsection, "educational institution" shall include any not-for-profit\ncommunity art school which is chartered as a school by the board of\nregents of the university of state of New York.\n 11. Benefits based on non-professional employment with certain\neducational institutions. If a claimant was employed in other than an\ninstructional, research or principal administrative capacity by an\neducational institution, or performed services in such an institution in\nsuch capacity while employed by an educational service agency, the\nfollowing shall apply to any week commencing during the period between\ntwo successive academic years or terms provided there is a reasonable\nassurance that the claimant will perform services in such capacity for\nany such institution or institutions for both of such academic years or\nterms, and to any week commencing during an established and customary\nvacation period or holiday recess, not between such academic terms or\nyears, provided the claimant performed services for such institution\nimmediately before such vacation period or holiday recess and there is a\nreasonable assurance that the claimant will perform any services\ndescribed in this subdivision or subdivision ten of this section in the\nperiod immediately following such vacation period or holiday recess:\n (a) In the case of a claimant who has no current benefit year, whether\nthe claimant meets the conditions of section five hundred twenty-seven\nin any such week shall be determined by disregarding the remuneration\npaid for such employment.\n (b) In the case of a claimant who does have a current benefit year, no\nbenefits shall be payable with respect to any such week provided the\nclaimant would not have met the conditions of section five hundred\ntwenty-seven in the week in which the claimant filed a valid original\nclaim if the remuneration paid for such employment is disregarded.\n (c) The benefit rate of a claimant with respect to any such week shall\nbe determined or redetermined by disregarding the remuneration paid for\nsuch employment.\n (d) Notwithstanding the foregoing provisions of this subdivision, a\nclaimant who was not offered an opportunity to perform services for the\neducational institution for the second of such academic years or terms\nshall be entitled to be paid benefits retroactively for each week for\nwhich the claimant filed a timely claim for benefits and for which\nbenefits were denied solely by reason of this subdivision.\n "Educational service agency" means a governmental agency or\ngovernmental entity or Indian tribal entity which is established and\noperated exclusively for the purpose of providing to one or more\neducational institutions services mentioned under this subdivision or\nsubdivision ten of this section.\n 12. An individual claimant who has received a determination of\nentitlement pursuant to section five hundred twenty-seven of this\narticle may request the commissioner to reconsider the benefit rate to\nwhich such claimant is entitled under the following circumstances:\n (a)(1) the claimant filed a valid original claim pursuant to\nsubdivision one or two of section five hundred twenty-seven of this\narticle or, in the event the claimant exercised his or her right to\napply to the commissioner to determine his or her benefits pursuant to\nparagraph (b) of subdivision two of such section, the claimant selected\nthe base period to be utilized; and\n (2) after the establishment of the base period to utilize pursuant to\nsubparagraph one of this paragraph, and within ten days of the date of\nthe mailing of the determination of the benefit rate to which the\nclaimant is entitled for such base period by the commissioner, the\nclaimant produces proof satisfactory to the commissioner and consistent\nwith wage data contained in the statewide wage reporting system\nmaintained by the department of taxation and finance or, in the\ncommissioner's sole discretion, sufficient to warrant its use in the\nevent that it is inconsistent with such wage data, that he or she has at\nleast twenty weeks of employment, as defined in section five hundred\ntwenty-four of this chapter, in such established base period. Such proof\nshall include paycheck stubs, payroll envelopes, or cancelled checks.\n (b) in the event that a claimant submits a request for reconsideration\nof the benefit rate to the commissioner pursuant to paragraph (a) of\nthis subdivision, and one-half of the average weekly wage of all wages\npaid for all weeks of employment for which proof satisfactory to the\ncommissioner was submitted pursuant to subparagraph two of paragraph (a)\nof this subdivision during the established base period referenced in\nsuch paragraph is at least five dollars more than the weekly benefit\namount calculated pursuant to subdivision five of this section, the\ncommissioner shall determine the claimant's benefit rate to be such\namount, but in no event shall such amount be more than the maximum\nbenefit rate in effect pursuant to subdivision five of this section.\n