(b) An individual who is able to file a valid original claim in
accordance with subdivision one of this section, may make an application
to the commissioner to determine his or her entitlement to benefits and
benefit rate pursuant to paragraph (a) of this subdivision under the
following conditions:
(i) The claimant must file such application within ten days of the
date the monetary determination was mailed by the department.
(ii) In those circumstances where a wage data report in relation to
the alternate condition is not due or has not been received, the
claimant must provide proof of remuneration paid for such quarter to the
commissioner's satisfaction in order for the claimant's application to
be considered.
(iii) Under those circumstances where such application results in the
claimant being able to file a valid original claim under the basic
condition and the alternate condition, the claimant may select the
condition to be utilized.
3. Disability. In the case of a claimant who did not file a valid
original claim solely because the claimant was not paid sufficient
remuneration and who received workers' compensation payments or any
benefits paid pursuant to the volunteer firefighters' benefit law during
the base period specified in subdivision one of section five hundred
twenty of this article, said period shall be extended. The term of the
extension shall be equivalent to the number of calendar quarters during
which the claimant received such payments, but shall not exceed two
calendar quarters.
* 4. General condition. A valid original claim may be filed only in a
week in which the claimant has at least one effective day of
unemployment.
* NB Effective until the first Monday after April 1, 2024 or 30 days
after the commissioner of labor certifies that the department of labor
has an information technology system capable of accommodating the
amendments in chapter 277 of 2021, whichever occurs earlier
* 4. General condition. A valid original claim may be filed only in a
week that qualifies as an effective week of unemployment for the
claimant.
* NB Effective on the first Monday after April 1, 2024 or 30 days
after the commissioner of labor certifies that the department of labor
has an information technology system capable of accommodating the
amendments in chapter 277 of 2021, whichever occurs earlier
5. Utilization of wage credits. Remuneration used to establish a valid
original claim pursuant to subdivision one, two or three of this
section, may not be considered for the purpose of establishing a
subsequent valid original claim except as provided by section five
hundred twenty-eight of this article.
6. Work requirement. An individual who has filed a previous valid
original claim pursuant to this section must have worked in employment
and been paid remuneration for such work since the beginning of such
previous claim in an amount equal to at least ten times the claimant's
weekly benefit rate in order to be able to file a subsequent valid
original claim.