(a) (1) There shall be a "state 'on' indicator" for a week if, as
determined by the commissioner in accordance with the regulations of the
secretary of labor of the United States, the rate of insured
unemployment for the period consisting of such week and the preceding
twelve weeks
(i) equaled or exceeded five per centum and
(ii) equaled or exceeded one hundred and twenty per centum of the
average of such rates for the corresponding thirteen-week periods ending
in each of the preceding two calendar years; or
(iii) for weeks of unemployment beginning on or after February first,
two thousand nine until the week ending three weeks prior to the last
week for which one hundred percent federal sharing is authorized by
section 2005(a) of Public Law 111-5, or for weeks of unemployment ending
three weeks prior to the last week for which Congress, pursuant to any
future amendment of the Federal State Extended Compensation Act of 1970,
has authorized one hundred percent federal sharing, which meet the
following:
(A) the average rate of total unemployment (seasonably adjusted), as
determined by the United States secretary of labor, for the period
consisting of the most recent three months for which data for all states
are published before the close of such week equals or exceeds six and
one-half percent, and
(B) the average rate of total unemployment in the state (seasonably
adjusted), as determined by the United States secretary of labor, for
the three-month period referred to in item (A) of this clause, equals or
exceeds one hundred ten percent of the average for either or both of the
corresponding three-month periods ending in the two preceding calendar
years; or
(iv) for any period of high unemployment which shall otherwise meet
all of the provisions of clause (iii) of this subparagraph, except that
"eight percent" is substituted for "six and one-half percent" in item
(A) of clause (iii) of this subparagraph.
(2) There shall be a "state 'off' indicator" for a week only, if for
the period consisting of such week and the immediately preceding twelve
weeks, none of the options specified in subparagraph one of this
paragraph result in an "on" indicator. Notwithstanding any provision of
this article, there shall be a "state 'off' indicator" with respect to
clauses (iii) and (iv) of subparagraph one of this paragraph for the
week ending three weeks prior to the last week for which one hundred
percent federal sharing is authorized by section 2005(a) of Public Law
111-5 or for the week ending three weeks prior to the last week for
which Congress, pursuant to any future amendment of the Federal State
Extended Compensation Act of 1970, has authorized one hundred percent
federal sharing.
(3) "Rate of insured unemployment" means for the purposes of this
paragraph the percentage obtained upon dividing the average weekly
number of persons filing claims for regular benefits in this state for
unemployment with respect to the most recent thirteen consecutive week
period, as determined by the commissioner on the basis of his or her
reports to the secretary of labor of the United States, by the average
monthly employment subject to this article for the first four of the
last six calendar quarters ending before the end of such period.
Computations required hereunder shall be made in accordance with
regulations prescribed by the secretary of labor of the United States.
(4) "Rate of total unemployment" means, for the purposes of this
paragraph, the average percentage obtained by dividing the total number
of unemployed residents of the state for the most recent three
consecutive months, as determined by the United States Bureau of Labor
Statistics, by the total civilian labor force of the state for the same
three-month period, also as determined by the United States Bureau of
Labor Statistics. Computations required hereunder shall be made in
accordance with regulations prescribed by the secretary of labor of the
United States.
(5) Notwithstanding the provisions of subparagraphs one and two of
this paragraph, with respect to compensation for weeks of unemployment
beginning after January thirty-first, two thousand eleven, and ending on
or before the expiration dates set forth in Public Law 111-312:
There shall be a "state 'on' indicator" for a week if, as determined
by the commissioner in accordance with the regulations of the secretary
of labor of the United States, the rate of insured unemployment for the
period consisting of such week and the preceding twelve weeks
(i) equaled or exceeded five percentum and
(ii) equaled or exceeded one hundred twenty per centum of the average
of such rates for the corresponding thirteen-week periods ending in each
of the preceding three calendar years; or
(iii) for weeks of unemployment beginning on or after February first,
two thousand nine until the week ending three weeks prior to the last
week for which one hundred percent federal sharing is authorized by
section 2005(a) of Public Law 111-5, or for weeks of unemployment ending
three weeks prior to the last week for which Congress, pursuant to any
future amendment of the Federal State Extended Compensation Act of 1970,
has authorized one hundred percent federal sharing, which meet the
following:
(A) the average rate of total unemployment (seasonably adjusted), as
determined by the United States Secretary of Labor, for the period
consisting of the most recent three months for which data for all states
are published before the close of such week equals or exceeds six and
one-half percent, and
(B) the average rate of total unemployment in the state (seasonably
adjusted), as determined by the United States secretary of labor, for
the three-month period referred to in item (A) of this clause, equals or
exceeds one hundred ten percent of the average for any or all of the
corresponding three-months periods ending in the three preceding
calendar years.
(b) "Extended benefit period" means a period
(1) beginning with the third week after the first week for which there
is a state "on" indicator, except that it may not begin before the
fourteenth week after the end of a prior extended benefit period, and
(2) ending with the third week after the first week for which there is
a state "off" indicator, except that the duration of such period shall
in no event be less than thirteen weeks.
(c) "Eligibility period" of a claimant means the period consisting of
the weeks in his or her benefit year which begin in an extended benefit
period and, if his or her benefit year ends within such extended benefit
period, any weeks thereafter which begin in such period. Notwithstanding
any provision of this article, a claimant's eligibility period shall
include any alternative eligibility period provided for in section
2005(b) of Public Law 111-5 or other federal law.
(d) "Extended benefits" means benefits, including benefits payable to
federal civilian employees and to ex-servicemen pursuant to 5 U.S.C.
chapter 85, payable to a claimant under the provisions of this section
for unemployment in his or her eligibility period.
(e) "Regular benefits" means benefits payable to a claimant under this
article or under any other State unemployment insurance law, including
benefits payable to federal civilian employees and to ex-servicemen
pursuant to 5 U.S.C. chapter 85, other than extended benefits.
2. Eligibility conditions. * Extended benefits shall be payable to a
claimant for effective days occurring in any week within an eligibility
period, provided the claimant
* 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
* Extended benefits shall be payable to a claimant for effective weeks
occurring within an eligibility period, provided 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
(a) has exhausted his or her rights to regular benefits under this
article in his or her current benefit year or, his or her benefit year
having expired prior to such week, he or she does not have the required
weeks of employment or earnings to establish a new benefit year, and he
or she has no rights to benefits under the unemployment insurance law of
any other state;
(b) has no rights to unemployment benefits or allowances under the
railroad unemployment insurance act, the trade expansion act of nineteen
hundred sixty-two, the automotive products trade act of nineteen hundred
sixty-five, or such other federal laws as are specified in regulations
issued by the secretary of labor of the United States;
(c) has not received and is not seeking unemployment benefits under
the unemployment compensation law of the Virgin Islands or of Canada
unless, if he or she is seeking such benefits, the appropriate agency
finally determines that he or she is not entitled to benefits under such
law;
(d) has satisfied the conditions of this article, required to render a
claimant eligible for regular benefits, which are applicable to extended
benefits, including not being subject to a disqualification or
suspension, or has satisfied the conditions of this article required to
render a claimant eligible to participate in the self-employment
assistance program pursuant to section five hundred ninety-one-a of this
title and the Federal-State Extended Unemployment Compensation Act of
1970;
* (e) is not claiming benefits pursuant to an interstate claim filed
under the interstate benefit payment plan in a state where an extended
benefit period is not in effect, except that this condition shall not
apply with respect to the first eight effective days for which extended
benefits shall otherwise be payable pursuant to an interstate claim
filed under the interstate benefit payment plan; and
* 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
* (e) is not claiming benefits pursuant to an interstate claim filed
under the interstate benefit payment plan in a state where an extended
benefit period is not in effect, except that this condition shall not
apply with respect to the first two effective weeks for which extended
benefits shall otherwise be payable pursuant to an interstate claim
filed under the interstate benefit payment plan; and
* 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
(f) in his or her base period has remuneration of one and one-half
times the high calendar quarter earnings in accordance with section five
hundred twenty-seven of this article.
3. Extended benefit amounts; rate and duration. Extended benefits
shall be paid to a claimant
(a) at a rate equal to his or her rate for regular benefits during his
or her applicable benefit year but
* (b) for not more than fifty-two effective days with respect to his
or her applicable benefit year, with a total maximum amount equal to
fifty percentum of the total maximum amount of regular benefits payable
in such benefit year, and
* 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
* (b) for not more than fifty percentum of the total maximum amount of
regular benefits payable in such benefit year, and
* 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
* (c) if a claimant's benefit year ends within an extended benefit
period, the remaining balance of extended benefits to which he or she
would be entitled, if any, shall be reduced by the number of effective
days for which he or she was entitled to receive trade readjustment
allowances under the federal trade act of nineteen hundred seventy-four
during such benefit year, and
* 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
* (c) if a claimant's benefit year ends within an extended benefit
period, the remaining balance of extended benefits to which he or she
would be entitled, if any, shall be reduced by the amount of benefits
for which he or she was entitled to receive trade readjustment
allowances under the federal trade act of nineteen hundred seventy-four
during such benefit year, and
* 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) for periods of high unemployment for not more than eighty
effective days with respect to the applicable benefit year with a total
maximum amount equal to eighty percent of the total maximum amount of
regular benefits payable in such benefit year.
* 4. Charging of extended benefits. The provisions of paragraph (e) of
subdivision one of section five hundred eighty-one of this article shall
apply to benefits paid pursuant to the provisions of this section, and
if they were paid for effective days occurring in weeks following the
end of a benefit year, they shall be deemed paid with respect to that
benefit year. However, except for governmental entities as defined in
section five hundred sixty-five and Indian tribes as defined in section
five hundred sixty-six of this article, only one-half of the amount of
such benefits shall be debited to the employers' account; the remainder
thereof shall be debited to the general account, and such account shall
be credited with the amount of payments received in the fund pursuant to
the provisions of the federal-state extended unemployment compensation
act. Notwithstanding the foregoing, where the state has entered an
extended benefit period triggered pursuant to subparagraph one of
paragraph (a) of subdivision one of this section for which federal law
provides for one hundred percent federal sharing of the costs of
benefits, all charges shall be debited to the general account and such
account shall be credited with the amount of payments received in the
fund pursuant to the provisions of the federal-state extended
unemployment compensation act or other federal law providing for one
hundred percent federal sharing for the cost of such benefits.
* 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. Charging of extended benefits. The provisions of paragraph (e) of
subdivision one of section five hundred eighty-one of this article shall
apply to benefits paid pursuant to the provisions of this section, and
if they were paid for effective weeks following the end of a benefit
year, they shall be deemed paid with respect to that benefit year.
However, except for governmental entities as defined in section five
hundred sixty-five and Indian tribes as defined in section five hundred
sixty-six of this article, only one-half of the amount of such benefits
shall be debited to the employers' account; the remainder thereof shall
be debited to the general account, and such account shall be credited
with the amount of payments received in the fund pursuant to the
provisions of the federal-state extended unemployment compensation act.
Notwithstanding the foregoing, where the state has entered an extended
benefit period triggered pursuant to subparagraph one of paragraph (a)
of subdivision one of this section for which federal law provides for
one hundred percent federal sharing of the costs of benefits, all
charges shall be debited to the general account and such account shall
be credited with the amount of payments received in the fund pursuant to
the provisions of the federal-state extended unemployment compensation
act or other federal law providing for one hundred percent federal
sharing for the cost of such benefits.
* 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. Applicability of other provisions. (a) Unless inconsistent with the
provisions of this section, all provisions of this article shall apply
to extended benefits in the same manner as they apply to regular
benefits.
* (b) No days of total unemployment shall be deemed to occur in any
week within an eligibility period during which a claimant fails to
accept any offer of suitable work or fails to apply for suitable work to
which he or she was referred by the commissioner, who shall make such
referral if such work is available, or during which he or she fails to
engage actively in seeking work by making a systematic and sustained
effort to obtain work and providing tangible evidence of such effort,
and until he or she has worked in employment during at least four
subsequent weeks and earned remuneration of at least four times his or
her benefit rate.
* 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
* (b) No weeks of total unemployment or partial unemployment shall be
deemed to occur within an eligibility period during which a claimant
fails to accept any offer of suitable work or fails to apply for
suitable work to which he or she was referred by the commissioner, who
shall make such referral if such work is available, or during which he
or she fails to engage actively in seeking work by making a systematic
and sustained effort to obtain work and providing tangible evidence of
such effort, and until he or she has worked in employment during at
least four subsequent weeks and earned remuneration of at least four
times his or her benefit rate.
* 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
(c) For purposes of this subdivision, "suitable work" means any
employment which is within the claimant's capabilities, but if he or she
furnishes evidence that his or her prospects for obtaining work in his
or her customary occupation within a reasonably short period are good,
the provisions of subdivision two of section five hundred ninety-three
of this article shall apply instead of the provisions hereof.
(d) Notwithstanding the foregoing, a claimant shall not be
disqualified for a failure to accept an offer of or apply for suitable
work if
(i) the gross average weekly remuneration payable for the employment
does not exceed the claimant's benefit rate plus the amount of any
supplemental unemployment compensation benefits (as defined in section
five hundred one (c) (17) (D) of the internal revenue code of nineteen
hundred fifty-four) payable to the claimant for such week; or
(ii) the employment was not offered to the claimant in writing and was
not listed with the department; or
(iii) such failure would not result in denial of regular benefits, to
the extent that the provisions of this article for payment of regular
benefits are not inconsistent with the provisions of this subdivision;
or
(iv) the employment pays wages less than the higher of the minimum
wage provided by section six (a) (1) of the fair labor standards act of
nineteen hundred thirty-eight, without regard to any exemption, or the
minimum wage provided under this chapter; or
(v) the claimant is in approved training pursuant to section five
hundred ninety-nine of this title.
* (e) No days of total unemployment shall be deemed to occur in any
week within an eligibility period under section five hundred
ninety-three of this article, until he or she has subsequently worked in
employment in accordance with the requirements set forth in section five
hundred ninety-three of this article.
* 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
* (e) No weeks of total unemployment or partial unemployment shall be
deemed to occur within an eligibility period under section five hundred
ninety-three of this article, until he or she has subsequently worked in
employment in accordance with the requirements set forth in section five
hundred ninety-three of this article.
* 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
6. Suspension of condition for state indicators. The governor, by
executive order, upon advice by the commissioner and the commissioner of
economic development may for a period specified in the order suspend the
applicability of the provisions of clause (ii) of subparagraph one of
paragraph (a) of subdivision one of this section, or of the reference to
such subparagraph one in subparagraph two of such paragraph, or of both,
if he or she finds that such suspension is required in order to assure
adequate payment of benefits to unemployed workers in the state who are
experiencing unemployment for an extended duration, provided the rate of
insured unemployment for the applicable period equals or exceeds six per
centum and such suspension is not in conflict with the provisions of the
federal-state extended unemployment compensation act. The governor may
at any time prolong or shorten the period specified in such order.
Structure New York Laws
Article 18 - Unemployment Insurance Law
591 - Eligibility for Benefits.
591-A - Self-Employment Assistance Program.
592 - Suspension of Accumulation of Benefit Rights.
593 - Disqualification for Benefits.
594 - Reduction and Recovery of Benefits and Penalties for Wilful False Statement.
595 - Benefit Right Inalienable.
596 - Claim Filing, Registration, and Reporting.
598 - Effect of Payments for Failure to Provide Notice of a Facility Closure.
599 - Career and Related Training; Preservation of Eligibility.