New York Laws
Title 7 - Benefits and Claims
590 - Rights to Benefits.

(b) Notwithstanding the foregoing, the maximum benefit amount shall
not be increased in accordance with the schedule set forth in paragraph
(a) of this subdivision in any year in which the balance of the fund is
determined by the commissioner to not have reached or exceeded thirty
percent of the average high cost multiple, as defined in 20 CFR Part 606
as the standard for receipt of interest-free federal loans, on at least
one day between April first and June thirtieth of the same calendar year
as the increase shall take effect. If, following such suspension of an
increase in the maximum benefit amount, the commissioner shall
determine, on at least one day between April first and June thirtieth
that the balance of the fund is greater than such thirty percent average
high cost multiple, then the maximum benefit amount shall increase to
the percentage for the year previously scheduled to be established
pursuant to paragraph (a) of this subdivision had the increase not been
suspended and increased annually thereafter in accordance with the
schedule set forth in paragraph (a) of this subdivision. In no case
shall such suspension result in a reduction of the maximum benefit
amount to less than the amount provided in the most recent year.
* (c) Benefit for partial unemployment. Except as provided in
paragraph (d) of this subdivision, any claimant who is partially
unemployed with respect to any effective week shall be paid, with
respect to such effective week, a benefit equal to his weekly benefit
rate less the total of the remuneration, if any, paid or payable to him
with respect to such week for services performed which is in excess of
his partial benefit credit.
* 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
* (d) Benefit for partial unemployment for certain claimants working
one day in a week. Any claimant who is partially unemployed with respect
to any effective week but whose employment is limited to one day during
that effective week and whose remuneration paid or payable to him with
respect to such week for services performed is less than his weekly
benefit rate shall be paid, with respect to such effective week, a
benefit equal to three-quarters of his weekly benefit rate, or if
higher, the benefit calculated pursuant to paragraph (c) of this
subdivision.
* NB Effective and Repealed 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
* 6. Notification requirement. No effective day shall be counted for
any purposes except effective days as to which notification has been
given in a manner prescribed by the commissioner.
* 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
* 6. Notification requirement. No effective week shall be counted for
any purposes except effective weeks as to which notification has been
given in a manner prescribed by the commissioner. 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
* 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
* 7. Waiting period. A claimant shall not be entitled to accumulate
effective days for the purpose of benefit payments until he has
accumulated a waiting period of four effective days either wholly within
the week in which he established his valid original claim or partly
within such week and partly within his benefit year initiated by such
claim.
* 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
* 7. Waiting period. A claimant shall not be entitled to accumulate
effective weeks for the purpose of benefit payments until he has
accumulated a waiting period of one effective week.
* 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
8. Benefit payments to professional athletes. If substantially all of
a claimant's employment during his base period is as a participant in
sports or athletic events or in training or preparing to so participate,
no benefits shall be payable for any week commencing during the period
between two successive sports seasons or similar periods, provided there
is a reasonable assurance that the claimant will perform services in
such capacity for both of such seasons or similar periods.
For the purposes of this subdivision, "reasonable assurance" shall
mean a written contract that the claimant will perform services in the
same capacity during the ensuing sports season or similar period or a
claimant's offering of services in the successive season or similar
period and an interest by an employer in employing him.
9. Benefits based on employment performed by undocumented noncitizens.
(a) Remuneration received by a claimant who was a noncitizen at the time
such remuneration was paid shall not be taken into consideration for the
purpose of establishing rights to benefits under this article unless the
claimant was then lawfully admitted for permanent residence in the
United States, was then lawfully present for purposes of performing such
services or was then permanently residing in the United States under
color of law, including a claimant lawfully present pursuant to section
207 or 208 of the federal immigration and nationality act.
(b) A determination that benefits are not payable to a claimant
because of the claimant's noncitizen status shall be made only upon a
preponderance of the evidence, and shall be effective only if it is in
conformity with section 3304 (a) (14) of the federal unemployment tax
act.
(c) Any data or information required of a claimant to determine
whether benefits are not payable to such claimant because of noncitizen
status shall be uniformly required from all claimants.
(d) A noncitizen who is not eligible under 8 USC 1621(a) shall be
eligible for benefits, provided such noncitizen is eligible for benefits
under the provisions of this article and section 3304 (a) (14) of the
federal unemployment tax act.
10. Benefits based on professional employment with educational
institutions, including the state university of New York, the city

university of New York and any public community colleges. If a claimant
was employed in an instructional, research, or principal administrative
capacity by an institution of education, including the state university
of New York, the city university of New York and any public community
colleges, or performed services in such an institution in such capacity
while employed by an educational service agency, the following shall
apply to any week commencing during the period between two successive
academic years or terms, or during a similar period between two regular
but not successive terms when the contract provides therefor instead,
provided the claimant has a contract to perform, or there is a
reasonable assurance that the claimant will perform, services in such
capacity for any such institution or institutions for both of such
academic years or such terms, and to any week commencing during an
established and customary vacation period or holiday recess, not between
such academic terms or years, provided the claimant performed services
for such institution immediately before such vacation period or holiday
recess and there is a reasonable assurance that the claimant will
perform any services described in this subdivision or subdivision eleven
of this section in the period immediately following such vacation period
or holiday recess:
(a) In the case of a claimant who has no current benefit year, whether
the claimant meets the conditions of section five hundred twenty-seven
in any such week shall be determined by disregarding the remuneration
paid for such employment.
(b) In the case of a claimant who does have a current benefit year, no
benefits shall be payable with respect to any such week provided the
claimant would not have met the conditions of section five hundred
twenty-seven in the week in which the claimant filed a valid original
claim if the remuneration paid for such employment is disregarded.
(c) The benefit rate of a claimant with respect to any such week shall
be determined or redetermined by disregarding the remuneration paid for
such employment.
"Educational service agency" means a governmental agency or
governmental entity or Indian tribal entity which is established and
operated exclusively for the purpose of providing to one or more
educational institutions services mentioned under this subdivision or
subdivision eleven of this section.
For purposes of this subdivision or subdivision eleven of this
section, "educational institution" shall include any not-for-profit
community art school which is chartered as a school by the board of
regents of the university of state of New York.
11. Benefits based on non-professional employment with certain
educational institutions. If a claimant was employed in other than an
instructional, research or principal administrative capacity by an
educational institution, or performed services in such an institution in
such capacity while employed by an educational service agency, the
following shall apply to any week commencing during the period between
two successive academic years or terms provided there is a reasonable
assurance that the claimant will perform services in such capacity for
any such institution or institutions for both of such academic years or
terms, and to any week commencing during an established and customary
vacation period or holiday recess, not between such academic terms or
years, provided the claimant performed services for such institution
immediately before such vacation period or holiday recess and there is a
reasonable assurance that the claimant will perform any services
described in this subdivision or subdivision ten of this section in the
period immediately following such vacation period or holiday recess:
(a) In the case of a claimant who has no current benefit year, whether
the claimant meets the conditions of section five hundred twenty-seven
in any such week shall be determined by disregarding the remuneration
paid for such employment.
(b) In the case of a claimant who does have a current benefit year, no
benefits shall be payable with respect to any such week provided the
claimant would not have met the conditions of section five hundred
twenty-seven in the week in which the claimant filed a valid original
claim if the remuneration paid for such employment is disregarded.
(c) The benefit rate of a claimant with respect to any such week shall
be determined or redetermined by disregarding the remuneration paid for
such employment.
(d) Notwithstanding the foregoing provisions of this subdivision, a
claimant who was not offered an opportunity to perform services for the
educational institution for the second of such academic years or terms
shall be entitled to be paid benefits retroactively for each week for
which the claimant filed a timely claim for benefits and for which
benefits were denied solely by reason of this subdivision.
"Educational service agency" means a governmental agency or
governmental entity or Indian tribal entity which is established and
operated exclusively for the purpose of providing to one or more
educational institutions services mentioned under this subdivision or
subdivision ten of this section.
12. An individual claimant who has received a determination of
entitlement pursuant to section five hundred twenty-seven of this
article may request the commissioner to reconsider the benefit rate to
which such claimant is entitled under the following circumstances:
(a)(1) the claimant filed a valid original claim pursuant to
subdivision one or two of section five hundred twenty-seven of this
article or, in the event the claimant exercised his or her right to
apply to the commissioner to determine his or her benefits pursuant to
paragraph (b) of subdivision two of such section, the claimant selected
the base period to be utilized; and
(2) after the establishment of the base period to utilize pursuant to
subparagraph one of this paragraph, and within ten days of the date of
the mailing of the determination of the benefit rate to which the
claimant is entitled for such base period by the commissioner, the
claimant produces proof satisfactory to the commissioner and consistent
with wage data contained in the statewide wage reporting system
maintained by the department of taxation and finance or, in the
commissioner's sole discretion, sufficient to warrant its use in the
event that it is inconsistent with such wage data, that he or she has at
least twenty weeks of employment, as defined in section five hundred
twenty-four of this chapter, in such established base period. Such proof
shall include paycheck stubs, payroll envelopes, or cancelled checks.
(b) in the event that a claimant submits a request for reconsideration
of the benefit rate to the commissioner pursuant to paragraph (a) of
this subdivision, and one-half of the average weekly wage of all wages
paid for all weeks of employment for which proof satisfactory to the
commissioner was submitted pursuant to subparagraph two of paragraph (a)
of this subdivision during the established base period referenced in
such paragraph is at least five dollars more than the weekly benefit
amount calculated pursuant to subdivision five of this section, the
commissioner shall determine the claimant's benefit rate to be such
amount, but in no event shall such amount be more than the maximum
benefit rate in effect pursuant to subdivision five of this section.