§ 601 — Extended benefits

New York § 601

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

Text

§ 601. Extended benefits. 1. Definitions. For the purposes of this\nsection:\n (a) (1) There shall be a "state 'on' indicator" for a week if, as\ndetermined by the commissioner in accordance with the regulations of the\nsecretary of labor of the United States, the rate of insured\nunemployment for the period consisting of such week and the preceding\ntwelve weeks\n (i) equaled or exceeded five per centum and\n (ii) equaled or exceeded one hundred and twenty per centum of the\naverage of such rates for the corresponding thirteen-week periods ending\nin each of the preceding two calendar years; or\n (iii) for weeks of unemployment beginning on or after February first,\ntwo thousand nine until the week ending three weeks prior to the last\nweek for which one hundred percent federal sharing is authorized by\nsection 2005(a) of Public Law 111-5, or for weeks of unemployment ending\nthree weeks prior to the last week for which Congress, pursuant to any\nfuture amendment of the Federal State Extended Compensation Act of 1970,\nhas authorized one hundred percent federal sharing, which meet the\nfollowing:\n (A) the average rate of total unemployment (seasonably adjusted), as\ndetermined by the United States secretary of labor, for the period\nconsisting of the most recent three months for which data for all states\nare published before the close of such week equals or exceeds six and\none-half percent, and\n (B) the average rate of total unemployment in the state (seasonably\nadjusted), as determined by the United States secretary of labor, for\nthe three-month period referred to in item (A) of this clause, equals or\nexceeds one hundred ten percent of the average for either or both of the\ncorresponding three-month periods ending in the two preceding calendar\nyears; or\n (iv) for any period of high unemployment which shall otherwise meet\nall of the provisions of clause (iii) of this subparagraph, except that\n"eight percent" is substituted for "six and one-half percent" in item\n(A) of clause (iii) of this subparagraph.\n (2) There shall be a "state 'off' indicator" for a week only, if for\nthe period consisting of such week and the immediately preceding twelve\nweeks, none of the options specified in subparagraph one of this\nparagraph result in an "on" indicator. Notwithstanding any provision of\nthis article, there shall be a "state 'off' indicator" with respect to\nclauses (iii) and (iv) of subparagraph one of this paragraph for the\nweek ending three weeks prior to the last week for which one hundred\npercent federal sharing is authorized by section 2005(a) of Public Law\n111-5 or for the week ending three weeks prior to the last week for\nwhich Congress, pursuant to any future amendment of the Federal State\nExtended Compensation Act of 1970, has authorized one hundred percent\nfederal sharing.\n (3) "Rate of insured unemployment" means for the purposes of this\nparagraph the percentage obtained upon dividing the average weekly\nnumber of persons filing claims for regular benefits in this state for\nunemployment with respect to the most recent thirteen consecutive week\nperiod, as determined by the commissioner on the basis of his or her\nreports to the secretary of labor of the United States, by the average\nmonthly employment subject to this article for the first four of the\nlast six calendar quarters ending before the end of such period.\nComputations required hereunder shall be made in accordance with\nregulations prescribed by the secretary of labor of the United States.\n (4) "Rate of total unemployment" means, for the purposes of this\nparagraph, the average percentage obtained by dividing the total number\nof unemployed residents of the state for the most recent three\nconsecutive months, as determined by the United States Bureau of Labor\nStatistics, by the total civilian labor force of the state for the same\nthree-month period, also as determined by the United States Bureau of\nLabor Statistics. Computations required hereunder shall be made in\naccordance with regulations prescribed by the secretary of labor of the\nUnited States.\n (5) Notwithstanding the provisions of subparagraphs one and two of\nthis paragraph, with respect to compensation for weeks of unemployment\nbeginning after January thirty-first, two thousand eleven, and ending on\nor before the expiration dates set forth in Public Law 111-312:\n There shall be a "state 'on' indicator" for a week if, as determined\nby the commissioner in accordance with the regulations of the secretary\nof labor of the United States, the rate of insured unemployment for the\nperiod consisting of such week and the preceding twelve weeks\n (i) equaled or exceeded five percentum and\n (ii) equaled or exceeded one hundred twenty per centum of the average\nof such rates for the corresponding thirteen-week periods ending in each\nof the preceding three calendar years; or\n (iii) for weeks of unemployment beginning on or after February first,\ntwo thousand nine until the week ending three weeks prior to the last\nweek for which one hundred percent federal sharing is authorized by\nsection 2005(a) of Public Law 111-5, or for weeks of unemployment ending\nthree weeks prior to the last week for which Congress, pursuant to any\nfuture amendment of the Federal State Extended Compensation Act of 1970,\nhas authorized one hundred percent federal sharing, which meet the\nfollowing:\n (A) the average rate of total unemployment (seasonably adjusted), as\ndetermined by the United States Secretary of Labor, for the period\nconsisting of the most recent three months for which data for all states\nare published before the close of such week equals or exceeds six and\none-half percent, and\n (B) the average rate of total unemployment in the state (seasonably\nadjusted), as determined by the United States secretary of labor, for\nthe three-month period referred to in item (A) of this clause, equals or\nexceeds one hundred ten percent of the average for any or all of the\ncorresponding three-months periods ending in the three preceding\ncalendar years.\n (b) "Extended benefit period" means a period\n (1) beginning with the third week after the first week for which there\nis a state "on" indicator, except that it may not begin before the\nfourteenth week after the end of a prior extended benefit period, and\n (2) ending with the third week after the first week for which there is\na state "off" indicator, except that the duration of such period shall\nin no event be less than thirteen weeks.\n (c) "Eligibility period" of a claimant means the period consisting of\nthe weeks in his or her benefit year which begin in an extended benefit\nperiod and, if his or her benefit year ends within such extended benefit\nperiod, any weeks thereafter which begin in such period. Notwithstanding\nany provision of this article, a claimant's eligibility period shall\ninclude any alternative eligibility period provided for in section\n2005(b) of Public Law 111-5 or other federal law.\n (d) "Extended benefits" means benefits, including benefits payable to\nfederal civilian employees and to ex-servicemen pursuant to 5 U.S.C.\nchapter 85, payable to a claimant under the provisions of this section\nfor unemployment in his or her eligibility period.\n (e) "Regular benefits" means benefits payable to a claimant under this\narticle or under any other State unemployment insurance law, including\nbenefits payable to federal civilian employees and to ex-servicemen\npursuant to 5 U.S.C. chapter 85, other than extended benefits.\n 2. Eligibility conditions. Extended benefits shall be payable to a\nclaimant for effective weeks occurring within an eligibility period,\nprovided the claimant\n (a) has exhausted his or her rights to regular benefits under this\narticle in his or her current benefit year or, his or her benefit year\nhaving expired prior to such week, he or she does not have the required\nweeks of employment or earnings to establish a new benefit year, and he\nor she has no rights to benefits under the unemployment insurance law of\nany other state;\n (b) has no rights to unemployment benefits or allowances under the\nrailroad unemployment insurance act, the trade expansion act of nineteen\nhundred sixty-two, the automotive products trade act of nineteen hundred\nsixty-five, or such other federal laws as are specified in regulations\nissued by the secretary of labor of the United States;\n (c) has not received and is not seeking unemployment benefits under\nthe unemployment compensation law of the Virgin Islands or of Canada\nunless, if he or she is seeking such benefits, the appropriate agency\nfinally determines that he or she is not entitled to benefits under such\nlaw;\n (d) has satisfied the conditions of this article, required to render a\nclaimant eligible for regular benefits, which are applicable to extended\nbenefits, including not being subject to a disqualification or\nsuspension, or has satisfied the conditions of this article required to\nrender a claimant eligible to participate in the self-employment\nassistance program pursuant to section five hundred ninety-one-a of this\ntitle and the Federal-State Extended Unemployment Compensation Act of\n1970;\n (e) is not claiming benefits pursuant to an interstate claim filed\nunder the interstate benefit payment plan in a state where an extended\nbenefit period is not in effect, except that this condition shall not\napply with respect to the first two effective weeks for which extended\nbenefits shall otherwise be payable pursuant to an interstate claim\nfiled under the interstate benefit payment plan; and\n (f) in his or her base period has remuneration of one and one-half\ntimes the high calendar quarter earnings in accordance with section five\nhundred twenty-seven of this article.\n 3. Extended benefit amounts; rate and duration. Extended benefits\nshall be paid to a claimant\n (a) at a rate equal to his or her rate for regular benefits during his\nor her applicable benefit year but\n (b) for not more than fifty percentum of the total maximum amount of\nregular benefits payable in such benefit year, and\n (c) if a claimant's benefit year ends within an extended benefit\nperiod, the remaining balance of extended benefits to which he or she\nwould be entitled, if any, shall be reduced by the amount of benefits\nfor which he or she was entitled to receive trade readjustment\nallowances under the federal trade act of nineteen hundred seventy-four\nduring such benefit year, and\n (d) for periods of high unemployment for not more than eighty\neffective days with respect to the applicable benefit year with a total\nmaximum amount equal to eighty percent of the total maximum amount of\nregular benefits payable in such benefit year.\n 4. Charging of extended benefits. The provisions of paragraph (e) of\nsubdivision one of section five hundred eighty-one of this article shall\napply to benefits paid pursuant to the provisions of this section, and\nif they were paid for effective weeks following the end of a benefit\nyear, they shall be deemed paid with respect to that benefit year.\nHowever, except for governmental entities as defined in section five\nhundred sixty-five and Indian tribes as defined in section five hundred\nsixty-six of this article, only one-half of the amount of such benefits\nshall be debited to the employers' account; the remainder thereof shall\nbe debited to the general account, and such account shall be credited\nwith the amount of payments received in the fund pursuant to the\nprovisions of the federal-state extended unemployment compensation act.\nNotwithstanding the foregoing, where the state has entered an extended\nbenefit period triggered pursuant to subparagraph one of paragraph (a)\nof subdivision one of this section for which federal law provides for\none hundred percent federal sharing of the costs of benefits, all\ncharges shall be debited to the general account and such account shall\nbe credited with the amount of payments received in the fund pursuant to\nthe provisions of the federal-state extended unemployment compensation\nact or other federal law providing for one hundred percent federal\nsharing for the cost of such benefits.\n 5. Applicability of other provisions. (a) Unless inconsistent with the\nprovisions of this section, all provisions of this article shall apply\nto extended benefits in the same manner as they apply to regular\nbenefits.\n (b) No weeks of total unemployment or partial unemployment shall be\ndeemed to occur within an eligibility period during which a claimant\nfails to accept any offer of suitable work or fails to apply for\nsuitable work to which he or she was referred by the commissioner, who\nshall make such referral if such work is available, or during which he\nor she fails to engage actively in seeking work by making a systematic\nand sustained effort to obtain work and providing tangible evidence of\nsuch effort, and until he or she has worked in employment during at\nleast four subsequent weeks and earned remuneration of at least four\ntimes his or her benefit rate.\n (c) For purposes of this subdivision, "suitable work" means any\nemployment which is within the claimant's capabilities, but if he or she\nfurnishes evidence that his or her prospects for obtaining work in his\nor her customary occupation within a reasonably short period are good,\nthe provisions of subdivision two of section five hundred ninety-three\nof this article shall apply instead of the provisions hereof.\n (d) Notwithstanding the foregoing, a claimant shall not be\ndisqualified for a failure to accept an offer of or apply for suitable\nwork if\n (i) the gross average weekly remuneration payable for the employment\ndoes not exceed the claimant's benefit rate plus the amount of any\nsupplemental unemployment compensation benefits (as defined in section\nfive hundred one (c) (17) (D) of the internal revenue code of nineteen\nhundred fifty-four) payable to the claimant for such week; or\n (ii) the employment was not offered to the claimant in writing and was\nnot listed with the department; or\n (iii) such failure would not result in denial of regular benefits, to\nthe extent that the provisions of this article for payment of regular\nbenefits are not inconsistent with the provisions of this subdivision;\nor\n (iv) the employment pays wages less than the higher of the minimum\nwage provided by section six (a) (1) of the fair labor standards act of\nnineteen hundred thirty-eight, without regard to any exemption, or the\nminimum wage provided under this chapter; or\n (v) the claimant is in approved training pursuant to section five\nhundred ninety-nine of this title.\n (e) No weeks of total unemployment or partial unemployment shall be\ndeemed to occur within an eligibility period under section five hundred\nninety-three of this article, until he or she has subsequently worked in\nemployment in accordance with the requirements set forth in section five\nhundred ninety-three of this article.\n 6. Suspension of condition for state indicators. The governor, by\nexecutive order, upon advice by the commissioner and the commissioner of\neconomic development may for a period specified in the order suspend the\napplicability of the provisions of clause (ii) of subparagraph one of\nparagraph (a) of subdivision one of this section, or of the reference to\nsuch subparagraph one in subparagraph two of such paragraph, or of both,\nif he or she finds that such suspension is required in order to assure\nadequate payment of benefits to unemployed workers in the state who are\nexperiencing unemployment for an extended duration, provided the rate of\ninsured unemployment for the applicable period equals or exceeds six per\ncentum and such suspension is not in conflict with the provisions of the\nfederal-state extended unemployment compensation act. The governor may\nat any time prolong or shorten the period specified in such order.\n