S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4839
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 9, 2015
                                      ___________
       Introduced  by  M. of A. MOYA -- read once and referred to the Committee
         on Labor
       AN ACT to amend the labor law, in relation to the calculation of  weekly
         employment  insurance  benefits  for  workers  who are partially unem-
         ployed; and repealing certain provisions of such law relating thereto
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Section 522 of the labor law, as amended by chapter 720 of
    2  the laws of 1953, is amended to read as follows:
    3    S 522. Total unemployment AND PARTIAL UNEMPLOYMENT.  "Total  unemploy-
    4  ment"  means  the  total  lack of any employment [on any day] DURING ANY
    5  WEEK. "PARTIAL EMPLOYMENT" MEANS ANY EMPLOYMENT DURING ANY WEEK THAT  IS
    6  LESS  THAN FULL-TIME EMPLOYMENT SO LONG AS THE COMPENSATION PAID IS LESS
    7  THAN THE CLAIMANT'S WEEKLY BENEFIT  RATE  PLUS  THE  CLAIMANT'S  PARTIAL
    8  BENEFIT  CREDIT. The term "employment" as used in this section means any
    9  employment including that not defined in this title.
   10    S 2. Section 523 of the labor law is REPEALED and a new section 523 is
   11  added to read as follows:
   12    S 523. EFFECTIVE WEEK. "EFFECTIVE WEEK" MEANS (A) A WEEK DURING  WHICH
   13  A  CLAIMANT  PERFORMS NO SERVICES FOR WHICH THE CLAIMANT IS PAID COMPEN-
   14  SATION, OR (B) A WEEK DURING WHICH A CLAIMANT  PERFORMS  SERVICES  ON  A
   15  PART-TIME BASIS FOR WHICH THE CLAIMANT IS PAID COMPENSATION THAT IS LESS
   16  THAN  THE CLAIMANT'S WEEKLY BENEFIT RATE PLUS HIS OR HER PARTIAL BENEFIT
   17  CREDIT.
   18    S 3. The labor law is amended by adding a new section 525 to  read  as
   19  follows:
   20    S  525.  PARTIAL  BENEFIT  CREDIT. "PARTIAL BENEFIT CREDIT" MEANS THAT
   21  PART OF THE COMPENSATION, IF ANY, PAID TO A CLAIMANT WITH RESPECT  TO  A
   22  WEEK  FOR  WHICH  BENEFITS  ARE CLAIMED UNDER THE PROVISIONS OF THIS LAW
   23  WHICH IS NOT IN EXCESS OF FIFTY PER CENTUM OF  THE  INDIVIDUAL'S  WEEKLY
   24  BENEFIT  RATE,  OR  ONE  HUNDRED DOLLARS, WHICHEVER IS THE GREATER. SUCH
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06733-01-5
       A. 4839                             2
    1  PARTIAL BENEFIT CREDIT, IF NOT  A  MULTIPLE  OF  ONE  DOLLAR,  SHALL  BE
    2  COMPUTED TO THE NEXT HIGHER MULTIPLE OF ONE DOLLAR.
    3    S  4.  Subdivision  4  of  section 527 of the labor law, as amended by
    4  chapter 832 of the laws of 1968 and as renumbered by chapter 381 of  the
    5  laws of 1984, is amended to read as follows:
    6    4.  General  condition.  A valid original claim may be filed only in a
    7  week [in which the claimant has at least one effective day of  unemploy-
    8  ment] THAT QUALIFIES AS AN EFFECTIVE WEEK OF UNEMPLOYMENT FOR THE CLAIM-
    9  ANT.
   10    S  5.  Subparagraph 2 of paragraph (e) of subdivision 1 of section 581
   11  of the labor law, as amended by chapter 282 of  the  laws  of  2002  and
   12  clause  (v)  as  added by chapter 106 of the laws of 2007, is amended to
   13  read as follows:
   14    (2) Benefits payable to any claimant with respect  to  the  claimant's
   15  then current benefit year shall be charged, when paid, to the account of
   16  the  last  employer  prior to the filing of a valid original claim in an
   17  amount equal to seven times the  claimant's  benefit  rate.  Thereafter,
   18  such  charges  shall be made to the account of each employer in the base
   19  period used to establish the valid original claim in the same proportion
   20  that the remuneration paid by each employer to the claimant during  that
   21  base  period  bears  to  the  remuneration  paid by all employers to the
   22  claimant during that base period except as provided below:
   23    (i) In those instances where the claimant may not utilize  wages  paid
   24  to  establish  entitlement  based  upon  subdivision ten of section five
   25  hundred ninety of this article and an  educational  institution  is  the
   26  claimant's  last employer prior to the filing of the claim for benefits,
   27  or the claimant performed services in such  educational  institution  in
   28  such  capacity  while employed by an educational service agency which is
   29  the claimant's last employer prior to the filing of the claim for  bene-
   30  fits,  such  employer  shall  not  be liable for benefit charges for the
   31  first [twenty-eight effective days] SEVEN EFFECTIVE  WEEKS  of  benefits
   32  paid  as  otherwise  provided by this section. Under such circumstances,
   33  benefits paid shall be charged to  the  general  account.  In  addition,
   34  wages  paid  during the base period by such educational institutions, or
   35  for services in such educational institutions for claimants employed  by
   36  an  educational service agency shall not be considered base period wages
   37  during periods that such wages may not be used to  gain  entitlement  to
   38  benefits  pursuant  to subdivision ten of section five hundred ninety of
   39  this article.
   40    (ii) In those instances where the claimant may not utilize wages  paid
   41  to  establish  entitlement based upon subdivision eleven of section five
   42  hundred ninety of this article and an  educational  institution  is  the
   43  claimant's  last employer prior to the filing of the claim for benefits,
   44  or the claimant performed services in such  educational  institution  in
   45  such  capacity  while employed by an educational service agency which is
   46  the claimant's last employer prior to the filing of the claim for  bene-
   47  fits,  such  employer  shall  not  be liable for benefit charges for the
   48  first [twenty-eight effective days] SEVEN EFFECTIVE  WEEKS  of  benefits
   49  paid  as  otherwise  provided by this section. Under such circumstances,
   50  benefits paid will be charged to the general account. In addition, wages
   51  paid during the base period by such  educational  institutions,  or  for
   52  services  in  such educational institutions for claimants employed by an
   53  educational service agency shall not be  considered  base  period  wages
   54  during  periods  that  such wages may not be used to gain entitlement to
   55  benefits pursuant to subdivision eleven of section five  hundred  ninety
   56  of  this  article.  However, in those instances where a claimant was not
       A. 4839                             3
    1  afforded an opportunity to perform services for the educational institu-
    2  tion for the next academic year or term after reasonable  assurance  was
    3  provided,  such employer shall be liable for benefit charges as provided
    4  for in this paragraph for any retroactive payments made to the claimant.
    5    (iii)  In  those  instances where the federal government is the claim-
    6  ant's last employer prior to the filing of the claim  for  benefits  and
    7  such employer is not a base-period employer, payments equaling the first
    8  [twenty-eight  effective  days]  SEVEN  EFFECTIVE  WEEKS  of benefits as
    9  otherwise prescribed by this section shall be  charged  to  the  general
   10  account.  In  those instances where the federal government is the claim-
   11  ant's last employer prior to the filing of the claim for benefits and  a
   12  base-period  employer, such employer shall be liable for charges for all
   13  benefits paid on such claim in the same proportion that the remuneration
   14  paid by such employer during the base period bears to  the  remuneration
   15  paid  by  all  employers  during  the  base period. In addition, benefit
   16  payment charges for the first [twenty-eight effective days] SEVEN EFFEC-
   17  TIVE WEEKS of benefits  other  than  those  chargeable  to  the  federal
   18  government as prescribed above shall be made to the general account.
   19    (iv)  In those instances where a combined wage claim is filed pursuant
   20  to interstate reciprocal agreements and  the  claimant's  last  employer
   21  prior  to  the  filing of the claim is an out-of-state employer and such
   22  employer is not a base-period employer, benefit  payments  equaling  the
   23  first [twenty-eight effective days] SEVEN EFFECTIVE WEEKS of benefits as
   24  otherwise  prescribed  by  this  section shall be charged to the general
   25  account. In those instances where the out-of-state employer is the  last
   26  employer prior to the filing of the claim for benefits and a base-period
   27  employer such employer shall be liable for charges for all benefits paid
   28  on  such claim in the same proportion that the remuneration paid by such
   29  employer during the base period bears to the remuneration  paid  by  all
   30  employers  during  the base period. In addition, benefit payment charges
   31  for the [twenty-eight effective days] SEVEN EFFECTIVE WEEKS of  benefits
   32  other  than  those chargeable to the out-of-state employer as prescribed
   33  above shall be made to the general account.
   34    (v) In those instances where the last employer prior to the filing  of
   35  a  valid  original  claim  has  paid  total remuneration to the claimant
   36  during the period from the start of the base period  used  to  establish
   37  the  benefit  claim until the date of the claimant's filing of the valid
   38  original claim in an amount less than or equal to six times  the  claim-
   39  ant's  benefit  rate and the last employer has substantiated such amount
   40  to the satisfaction of the commissioner within ten days of  the  commis-
   41  sioner's  original  notice  of potential charges to such last employer's
   42  account, benefits shall be charged as follows: benefits payable  to  the
   43  claimant  with respect to the claimant's then current benefit year shall
   44  be charged, when paid, to the account of such last employer prior to the
   45  filing of a valid original claim in an amount equal to the lowest  whole
   46  number  (one, two, three, four, five, or six) times the claimant's bene-
   47  fit rate where the product of such lowest whole number times the  claim-
   48  ant's  benefit  rate is equal to or greater than such total remuneration
   49  paid by such last employer to the claimant.   Thereafter,  such  charges
   50  shall be made to the account of each employer in the base period used to
   51  establish  the  valid  original  claim  in  the same proportion that the
   52  remuneration paid by each employer to  the  claimant  during  that  base
   53  period  bears  to the remuneration paid by all employers to the claimant
   54  during that base period.  Notice  of  such  recalculation  of  potential
   55  charges  shall  be  given  to the last employer and each employer of the
   56  claimant in the base period used to establish the valid original claim.
       A. 4839                             4
    1    S 6. Subdivision 1 of section 590 of the  labor  law,  as  amended  by
    2  chapter 645 of the laws of 1951, is amended to read as follows:
    3    1. Entitlement to benefits. A claimant shall be entitled to accumulate
    4  effective  [days] WEEKS for the purpose of benefit rights only if he has
    5  complied with the provisions of this article regarding the filing of his
    6  claim, including the filing of a valid  original  claim,  registered  as
    7  totally  OR PARTIALLY unemployed, reported his subsequent employment and
    8  unemployment, and reported for work or otherwise  given  notice  of  the
    9  continuance of his unemployment.
   10    S  7.  Subdivision  3  of  section 590 of the labor law, as amended by
   11  chapter 645 of the laws of 1951, is amended to read as follows:
   12    3. Compensable periods. Benefits shall be paid for each  [accumulation
   13  of] effective [days within a] week.
   14    S  8.  Subdivision  4  of  section 590 of the labor law, as amended by
   15  chapter 457 of the laws of 1987, is amended to read as follows:
   16    4. Duration. Benefits shall not be paid [for more than one hundred and
   17  four effective days] IN AN AMOUNT  GREATER  THAN  TWENTY-SIX  TIMES  THE
   18  CLAIMANT'S  WEEKLY  BENEFIT RATE in any benefit year, except as provided
   19  in section six hundred one and subdivision two of section  five  hundred
   20  ninety-nine of this chapter.
   21    S  9.  Subdivision  5  of  section  590 of the labor law is amended by
   22  adding two new paragraphs (c) and (d) to read as follows:
   23    (C) BENEFIT FOR PARTIAL UNEMPLOYMENT. EXCEPT AS PROVIDED IN  PARAGRAPH
   24  (D)  OF  THIS SUBDIVISION, ANY CLAIMANT WHO IS PARTIALLY UNEMPLOYED WITH
   25  RESPECT TO ANY EFFECTIVE WEEK SHALL BE PAID, WITH RESPECT TO SUCH EFFEC-
   26  TIVE WEEK, A BENEFIT EQUAL TO HIS WEEKLY BENEFIT RATE LESS THE TOTAL  OF
   27  THE  REMUNERATION,  IF  ANY, PAID OR PAYABLE TO HIM WITH RESPECT TO SUCH
   28  WEEK FOR SERVICES PERFORMED WHICH IS IN EXCESS OF  HIS  PARTIAL  BENEFIT
   29  CREDIT.
   30    (D) BENEFIT FOR PARTIAL UNEMPLOYMENT FOR CERTAIN CLAIMANTS WORKING ONE
   31  DAY  IN A WEEK. ANY CLAIMANT WHO IS PARTIALLY UNEMPLOYED WITH RESPECT TO
   32  ANY EFFECTIVE WEEK BUT WHOSE EMPLOYMENT IS LIMITED  TO  ONE  DAY  DURING
   33  THAT  EFFECTIVE  WEEK AND WHOSE REMUNERATION PAID OR PAYABLE TO HIM WITH
   34  RESPECT TO SUCH WEEK FOR SERVICES PERFORMED  IS  LESS  THAN  HIS  WEEKLY
   35  BENEFIT RATE SHALL BE PAID, WITH RESPECT TO SUCH EFFECTIVE WEEK, A BENE-
   36  FIT  EQUAL  TO  THREE-QUARTERS OF HIS WEEKLY BENEFIT RATE, OR IF HIGHER,
   37  THE BENEFIT CALCULATED PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION.
   38    S 10. Subdivision 6 of section 590 of the labor law, as added by chap-
   39  ter 720 of the laws of 1953 and as renumbered by chapter 675 of the laws
   40  of 1977, is amended to read as follows:
   41    6. Notification requirement. No effective [day] WEEK shall be  counted
   42  for  any purposes except effective [days] WEEKS as to which notification
   43  has been given in a manner prescribed by the commissioner.
   44    S 11. Subdivision 7 of section 590 of the labor  law,  as  amended  by
   45  chapter 415 of the laws of 1983, is amended to read as follows:
   46    7.  Waiting  period.  A  claimant  shall not be entitled to accumulate
   47  effective [days] WEEKS for the purpose of benefit payments until he  has
   48  accumulated a waiting period of [four effective days either wholly with-
   49  in  the  week in which he established his valid original claim or partly
   50  within such week and partly within his benefit year  initiated  by  such
   51  claim] ONE EFFECTIVE WEEK.
   52    S  12.  Subdivision  1  of section 591 of the labor law, as amended by
   53  chapter 413 of the laws of 2003, is amended to read as follows:
   54    1. Unemployment. Benefits, except as provided in section five  hundred
   55  ninety-one-a  of  this  title,  shall  be paid only to a claimant who is
   56  totally unemployed OR PARTIALLY UNEMPLOYED and who is unable  to  engage
       A. 4839                             5
    1  in  his  usual  employment  or  in  any other for which he is reasonably
    2  fitted by training and experience. A claimant who is receiving  benefits
    3  under  this  article  shall not be denied such benefits pursuant to this
    4  subdivision or to subdivision two of this section because of such claim-
    5  ant's  service  on  a  grand or petit jury of any state or of the United
    6  States.
    7    S 13. Subdivision 1 of section 591 of the labor  law,  as  amended  by
    8  chapter 446 of the laws of 1981, is amended to read as follows:
    9    1.  Unemployment.  Benefits  shall  be  paid only to a claimant who is
   10  totally unemployed OR PARTIALLY UNEMPLOYED and who is unable  to  engage
   11  in  his  usual  employment  or  in  any other for which he is reasonably
   12  fitted by training and experience. A claimant who is receiving  benefits
   13  under  this  article  shall not be denied such benefits pursuant to this
   14  subdivision or to subdivision two of this section because of such claim-
   15  ant's service on a grand or petit jury of any state  or  of  the  United
   16  States.
   17    S  14.  Paragraph (a) of subdivision 3 of section 591 of the labor law
   18  is REPEALED and a new paragraph (a) is added to read as follows:
   19    (A) COMPENSATION PAID TO A CLAIMANT FOR ANY DAY DURING A PAID VACATION
   20  PERIOD, OR FOR A PAID HOLIDAY, SHALL  BE  CONSIDERED  COMPENSATION  FROM
   21  EMPLOYMENT.
   22    S  15.  Subparagraph  (i) of paragraph (b) of subdivision 2 of section
   23  591-a of the labor law, as amended by section 14 of part O of chapter 57
   24  of the laws of 2013, is amended to read as follows:
   25    (i) requirements relating to total unemployment AND PARTIAL  UNEMPLOY-
   26  MENT,  as  defined  in  section five hundred twenty-two of this article,
   27  availability for work and search for work, as set forth  in  subdivision
   28  two  of  section  five  hundred  ninety-one of this title and refusal to
   29  accept work, as set forth in subdivision two  of  section  five  hundred
   30  ninety-three of this title, are not applicable to such individuals;
   31    S  16.  Subdivision  2  of section 592 of the labor law, as amended by
   32  chapter 415 of the laws of 1983, is amended to read as follows:
   33    2. Concurrent payments prohibited. No [days] WEEKS of total  unemploy-
   34  ment  OR  PARTIAL UNEMPLOYMENT shall be deemed to occur in any week with
   35  respect to which [or a part of which] a  claimant  has  received  or  is
   36  seeking  unemployment benefits under an unemployment compensation law of
   37  any other state or of the United States, provided  that  this  provision
   38  shall  not apply if the appropriate agency of such other state or of the
   39  United States finally determines that he is not entitled to  such  unem-
   40  ployment benefits.
   41    S  17. Paragraph (a) of subdivision 1 of section 593 of the labor law,
   42  as amended by section 15 of part O of chapter 57 of the laws of 2013, is
   43  amended to read as follows:
   44    (a) No [days] WEEKS of  total  unemployment  OR  PARTIAL  UNEMPLOYMENT
   45  shall be deemed to occur after a claimant's voluntary separation without
   46  good  cause  from  employment until he or she has subsequently worked in
   47  employment and earned remuneration at least equal to ten  times  his  or
   48  her  weekly benefit rate. In addition to other circumstances that may be
   49  found to constitute good cause, including a compelling family reason  as
   50  set  forth  in  paragraph  (b) of this subdivision, voluntary separation
   51  from employment shall not in itself disqualify  a  claimant  if  circum-
   52  stances  have developed in the course of such employment that would have
   53  justified the claimant in refusing such employment in the first instance
   54  under the terms of subdivision two of this section or if  the  claimant,
   55  pursuant  to  an option provided under a collective bargaining agreement
   56  or written employer plan which permits waiver of his  or  her  right  to
       A. 4839                             6
    1  retain  the  employment when there is a temporary layoff because of lack
    2  of work, has elected to be separated for  a  temporary  period  and  the
    3  employer has consented thereto.
    4    S  18.  The  opening  paragraph of subdivision 2 of section 593 of the
    5  labor law, as amended by section 15 of part O of chapter 57 of the  laws
    6  of 2013, is amended to read as follows:
    7    No [days] WEEKS of total unemployment OR PARTIAL UNEMPLOYMENT shall be
    8  deemed  to  occur  beginning with the [day on] WEEK IN which a claimant,
    9  without good cause, refuses to accept an offer of employment  for  which
   10  he  or  she  is  reasonably fitted by training and experience, including
   11  employment not subject to this article, until he or she has subsequently
   12  worked in employment and earned remuneration at least equal to ten times
   13  his or her weekly benefit  rate.  Except  that  claimants  who  are  not
   14  subject to a recall date or who do not obtain employment through a union
   15  hiring  hall  and  who are still unemployed after receiving ten weeks of
   16  benefits shall be required to accept any employment proffered that  such
   17  claimants are capable of performing, provided that such employment would
   18  result  in  a  wage not less than eighty percent of such claimant's high
   19  calendar quarter wages received in the base period and not substantially
   20  less than the prevailing wage  for  similar  work  in  the  locality  as
   21  provided  for in paragraph (d) of this subdivision. No refusal to accept
   22  employment shall be deemed without good cause nor  shall  it  disqualify
   23  any claimant otherwise eligible to receive benefits if:
   24    S  19.  Subdivision  3  of section 593 of the labor law, as amended by
   25  section 15 of part O of chapter 57 of the laws of 2013,  is  amended  to
   26  read as follows:
   27    3.  Misconduct. No [days] WEEKS of total unemployment OR PARTIAL UNEM-
   28  PLOYMENT shall be deemed to  occur  after  a  claimant  lost  employment
   29  through  misconduct in connection with his or her employment until he or
   30  she has subsequently worked in employment  and  earned  remuneration  at
   31  least equal to ten times his or her weekly benefit rate.
   32    S  20.  Subdivision  4  of section 593 of the labor law, as amended by
   33  chapter 589 of the laws of 1998, is amended to read as follows:
   34    4. Criminal acts. No [days] WEEKS of  total  unemployment  OR  PARTIAL
   35  UNEMPLOYMENT  shall  be deemed to occur during a period of twelve months
   36  after a claimant loses employment as a result of an act  constituting  a
   37  felony in connection with such employment, provided the claimant is duly
   38  convicted thereof or has signed a statement admitting that he or she has
   39  committed  such an act.  Determinations regarding a benefit claim may be
   40  reviewed at any time.  Any benefits paid to a claimant prior to a deter-
   41  mination that the claimant has lost employment as a result of  such  act
   42  shall  not  be  considered to have been accepted by the claimant in good
   43  faith. In addition, remuneration paid to the claimant  by  the  affected
   44  employer prior to the claimant's loss of employment due to such criminal
   45  act may not be utilized for the purpose of establishing entitlement to a
   46  subsequent,  valid  original  claim.  The provisions of this subdivision
   47  shall apply even if the employment lost as a result of such act  is  not
   48  the claimant's last employment prior to the filing of his or her claim.
   49    S 21. Subdivisions 1 and 2 of section 594 of the labor law, as amended
   50  by  section  16 of part O of chapter 57 of the laws of 2013, are amended
   51  to read as follows:
   52    (1) A claimant who has wilfully made a false  statement  or  represen-
   53  tation  to obtain any benefit under the provisions of this article shall
   54  forfeit benefits for at least the first [four] ONE but not more than the
   55  first [eighty] TWENTY effective [days] WEEKS following discovery of such
   56  offense for which he or  she  otherwise  would  have  been  entitled  to
       A. 4839                             7
    1  receive  benefits.  Such  penalty  shall apply only once with respect to
    2  each such offense.
    3    (2) For the purpose of subdivision four of section five hundred ninety
    4  of  this article, the claimant shall be deemed to have received benefits
    5  for such forfeited effective [days] WEEKS.
    6    S 22. Subdivision 1 of section 596 of the labor  law,  as  amended  by
    7  chapter 204 of the laws of 1982, is amended to read as follows:
    8    1.  Claim  filing  and certification to unemployment. A claimant shall
    9  file a claim for benefits at the local state employment  office  serving
   10  the  area  in  which  he was last employed or in which he resides within
   11  such time and in such manner as the  commissioner  shall  prescribe.  He
   12  shall  disclose  whether he owes child support obligations, as hereafter
   13  defined. If a claimant making such disclosure is eligible for  benefits,
   14  the  commissioner shall notify the state or local child support enforce-
   15  ment agency, as hereafter defined, that the claimant is eligible.
   16    A claimant shall correctly report any [days] WEEKS of  employment  and
   17  any  compensation he received for such employment, including employments
   18  not subject to this article, and the [days on] WEEKS DURING which he was
   19  totally unemployed OR PARTIALLY UNEMPLOYED and shall make  such  reports
   20  in accordance with such regulations as the commissioner shall prescribe.
   21    S 23. Subdivision 4 of section 596 of the labor law, as added by chap-
   22  ter 705 of the laws of 1944, as renumbered by section 148-a of part B of
   23  chapter  436 of the laws of 1997 and such section as renumbered by chap-
   24  ter 663 of the laws of 1946, is amended to read as follows:
   25    4. Registration and reporting for work. A claimant shall  register  as
   26  totally  unemployed  OR PARTIALLY UNEMPLOYED at a local state employment
   27  office serving the area in which he was last employed  or  in  which  he
   28  resides  in  accordance  with such regulations as the commissioner shall
   29  prescribe. After so registering, such claimant shall report for work  at
   30  the  same  local state employment office or otherwise give notice of the
   31  continuance of his unemployment as often  and  in  such  manner  as  the
   32  commissioner shall prescribe.
   33    S  24. Paragraph (a) of subdivision 2 of section 599 of the labor law,
   34  as amended by chapter 593 of the laws of 1991, is  amended  to  read  as
   35  follows:
   36    (a)  Notwithstanding  any  other provision of this chapter, a claimant
   37  attending an approved training course or program under this section  may
   38  receive  additional  benefits  of  up  to  [one hundred four] TWENTY-SIX
   39  effective [days] WEEKS  following  exhaustion  of  regular  and,  if  in
   40  effect,  any other extended benefits, provided that entitlement to a new
   41  benefit claim cannot be established. Certification of  continued  satis-
   42  factory  participation  and  progress in such training course or program
   43  must be submitted to the commissioner prior to the payment of  any  such
   44  benefits.  The  duration  of  such  additional benefits shall in no case
   45  exceed twice the number of effective [days] WEEKS of regular benefits to
   46  which the claimant is entitled at the time the claimant is accepted  in,
   47  or demonstrates application for appropriate training.
   48    S  25.  The  opening  paragraph  and paragraph (e) of subdivision 2 of
   49  section 601 of the labor law, as amended by chapter 35 of  the  laws  of
   50  2009, are amended to read as follows:
   51    Extended  benefits shall be payable to a claimant for effective [days]
   52  WEEKS occurring [in any week] within an eligibility period, provided the
   53  claimant
   54    (e) is not claiming benefits pursuant to  an  interstate  claim  filed
   55  under  the  interstate benefit payment plan in a state where an extended
   56  benefit period is not in effect, except that this  condition  shall  not
       A. 4839                             8
    1  apply  with  respect to the first [eight] TWO effective [days] WEEKS for
    2  which extended benefits shall otherwise be payable pursuant to an inter-
    3  state claim filed under the interstate benefit payment plan; and
    4    S  26.  Paragraphs  (b) and (c) of subdivision 3 of section 601 of the
    5  labor law, as amended by chapter 35 of the laws of 2009, are amended  to
    6  read as follows:
    7    (b) for not more than [fifty-two] THIRTEEN effective [days] WEEKS with
    8  respect  to  his  or  her  applicable benefit year, with a total maximum
    9  amount equal to fifty percentum of the total maximum amount  of  regular
   10  benefits payable in such benefit year, and
   11    (c) if a claimant's benefit year ends within an extended benefit peri-
   12  od,  the remaining balance of extended benefits to which he or she would
   13  be entitled, if any, shall be reduced by the number of effective  [days]
   14  WEEKS  for  which  he  or she was entitled to receive trade readjustment
   15  allowances under the federal trade act of nineteen hundred  seventy-four
   16  during such benefit year, and
   17    S  27.  Subdivision  4  of section 601 of the labor law, as amended by
   18  chapter 35 of the laws of 2009, is amended to read as follows:
   19    4. Charging of extended benefits. The provisions of paragraph  (e)  of
   20  subdivision one of section five hundred eighty-one of this article shall
   21  apply  to  benefits paid pursuant to the provisions of this section, and
   22  if they were paid for effective [days occurring in] weeks following  the
   23  end  of  a  benefit year, they shall be deemed paid with respect to that
   24  benefit year. However, except for governmental entities  as  defined  in
   25  section  five hundred sixty-five and Indian tribes as defined in section
   26  five hundred sixty-six of this article, only one-half of the  amount  of
   27  such  benefits shall be debited to the employers' account; the remainder
   28  thereof shall be debited to the general account, and such account  shall
   29  be credited with the amount of payments received in the fund pursuant to
   30  the  provisions  of the federal-state extended unemployment compensation
   31  act. Notwithstanding the foregoing,  where  the  state  has  entered  an
   32  extended  benefit period triggered pursuant to subparagraph one of para-
   33  graph (a) of subdivision one of  this  section  for  which  federal  law
   34  provides  for  one hundred percent federal sharing of the costs of bene-
   35  fits, all charges shall be debited  to  the  general  account  and  such
   36  account  shall  be  credited with the amount of payments received in the
   37  fund pursuant to the provisions of the federal-state extended  unemploy-
   38  ment  compensation  act  or  other federal law providing for one hundred
   39  percent federal sharing for the cost of such benefits.
   40    S 28. Paragraph (b) of subdivision 5 of section 601 of the labor  law,
   41  as  amended  by  chapter  35  of the laws of 2009, is amended to read as
   42  follows:
   43    (b) No [days] WEEKS of  total  unemployment  OR  PARTIAL  UNEMPLOYMENT
   44  shall  be  deemed  to  occur  [in any week] within an eligibility period
   45  during which a claimant fails to accept any offer of  suitable  work  or
   46  fails  to apply for suitable work to which he or she was referred by the
   47  commissioner, who shall make such referral if such work is available, or
   48  during which he or she fails to  engage  actively  in  seeking  work  by
   49  making  a  systematic  and sustained effort to obtain work and providing
   50  tangible evidence of such effort, and until he  or  she  has  worked  in
   51  employment during at least four subsequent weeks and earned remuneration
   52  of at least four times his or her benefit rate.
   53    S  29. Paragraph (e) of subdivision 5 of section 601 of the labor law,
   54  as amended by chapter 35 of the laws of 2009,  is  amended  to  read  as
   55  follows:
       A. 4839                             9
    1    (e)  No  [days]  WEEKS  of  total unemployment OR PARTIAL UNEMPLOYMENT
    2  shall be deemed to occur [in any  week]  within  an  eligibility  period
    3  under section five hundred ninety-three of this article, until he or she
    4  has  subsequently  worked  in employment in accordance with the require-
    5  ments set forth in section five hundred ninety-three of this article.
    6    S 30. Section 603 of the labor law, as amended by section 21 of part O
    7  of chapter 57 of the laws of 2013, is amended to read as follows:
    8    S  603.  Definitions. For purposes of this title: "Total unemployment"
    9  shall mean the total lack of any employment [on any day] DURING ANY WEEK
   10  AND "PARTIAL UNEMPLOYMENT" SHALL MEAN ANY  EMPLOYMENT  DURING  ANY  WEEK
   11  THAT  IS LESS THAN FULL-TIME EMPLOYMENT SO LONG AS THE COMPENSATION PAID
   12  IS LESS THAN THE CLAIMANT'S WEEKLY  BENEFIT  RATE  PLUS  THE  CLAIMANT'S
   13  PARTIAL  BENEFIT  CREDIT,  other  than  with  an employer applying for a
   14  shared work program. "Work force" shall mean the  total  work  force,  a
   15  clearly  identifiable  unit  or  units thereof, or a particular shift or
   16  shifts. The work force subject to reduction shall  consist  of  no  less
   17  than two employees.
   18    S  31.  This act shall take effect immediately, provided, that section
   19  nine of this act shall take effect on the same  date  and  in  the  same
   20  manner  as  section 8 of part O of chapter 57 of the laws of 2013, takes
   21  effect; and provided further that the amendments  to  subdivision  1  of
   22  section 591 of the labor law made by section twelve of this act shall be
   23  subject  to  the expiration and reversion of such subdivision, when upon
   24  such date the provisions of section thirteen  of  this  act  shall  take
   25  effect;  provided  further  that  the amendments to section 591-a of the
   26  labor law made by section fifteen of this act shall not affect the expi-
   27  ration of such section and shall be deemed repealed therewith.