NY Lab L § 590 (2021)
2021 New York Laws LAB - Labor Article 18 - Unemployment Insurance Law Title 7 - Benefits and Claims 590 - Rights to Benefits.

§  590.  Rights  to benefits. * 1. Entitlement to benefits. A claimant shall be entitled to  accumulate  effective  days  for  the  purpose  of benefit  rights  only  if  he  has  complied with the provisions of this article regarding the filing of his claim, including  the  filing  of  a valid  original  claim,  registered  as totally unemployed, reported his subsequent  employment  and  unemployment,  and  reported  for  work  or otherwise given notice of the continuance of his unemployment.   * NB  Effective  until April 1, 2022 or 30 days after the commissioner of labor certifies that the  department  of  labor  has  an  information technology system capable of accomodating these amendments, whichever is earlier   * 1.  Entitlement  to  benefits.  A  claimant  shall  be  entitled  to accumulate effective weeks for the purpose of benefit rights only if  he has complied with the provisions of this article regarding the filing of his claim, including the filing of a valid original claim, registered as totally  or partially unemployed, reported his subsequent employment and unemployment, and reported for work or otherwise  given  notice  of  the continuance of his unemployment.   * NB  Effective  April  1,  2022  or 30 days after the commissioner of labor  certifies  that  the  department  of  labor  has  an  information technology system capable of accomodating these amendments, whichever is earlier   * 3. Compensable periods. Benefits shall be paid for each accumulation of effective days within a week.   * NB  Effective  until April 1, 2022 or 30 days after the commissioner of labor certifies that the  department  of  labor  has  an  information technology system capable of accomodating these amendments, whichever is earlier   * 3.  Compensable  periods.  Benefits shall be paid for each effective week.   * NB Effective April 1, 2022 or 30  days  after  the  commissioner  of labor  certifies  that  the  department  of  labor  has  an  information technology system capable of accomodating these amendments, whichever is earlier   * 4. Duration. Benefits shall not be paid for more  than  one  hundred and  four  effective  days  in  any  benefit year, except as provided in section six hundred one and subdivision  two  of  section  five  hundred ninety-nine of this chapter.   * NB  Effective  until April 1, 2022 or 30 days after the commissioner of labor certifies that the  department  of  labor  has  an  information technology system capable of accomodating these amendments, whichever is earlier   * 4.  Duration.  Benefits  shall not be paid in an amount greater than twenty-six times the claimant's weekly benefit rate in any benefit year, except as provided in section six hundred one  and  subdivision  two  of section five hundred ninety-nine of this chapter.   * NB  Effective  April  1,  2022  or 30 days after the commissioner of labor  certifies  that  the  department  of  labor  has  an  information technology system capable of accomodating these amendments, whichever is earlier   5.  Benefit  rate. (a) A claimant's weekly benefit amount shall be one twenty-sixth of  the  remuneration  paid  during  the  highest  calendar quarter  of  the  base  period by employers, liable for contributions or payments in lieu of  contributions  under  this  article,  provided  the claimant  has remuneration paid in all four calendar quarters during his or her base period or alternate base period. However, for  any  claimant who  has  remuneration  paid in all four calendar quarters during his or her base period or alternate base period and whose high calendar quarter  remuneration during the base  period  is  three  thousand  five  hundred seventy-five   dollars   or  less,  the  benefit  amount  shall  be  one twenty-fifth of  the  remuneration  paid  during  the  highest  calendar quarter  of  the  base  period  by employers liable for contributions or payments in lieu of  contributions  under  this  article.  A  claimant's weekly  benefit  shall  be  one twenty-sixth of the average remuneration paid in the  two  highest  quarters  paid  during  the  base  period  or alternate  base period by employers liable for contributions or payments in lieu of contributions  under  this  article  when  the  claimant  has remuneration  paid  in  two or three calendar quarters provided however, that a claimant whose high calendar quarter is four thousand dollars  or less  but  greater than three thousand five hundred seventy-five dollars shall have a weekly benefit amount of  one  twenty-sixth  of  such  high calendar quarter. However, for any claimant who has remuneration paid in two  or  three  calendar  quarters  during  his  or  her  base period or alternate base period  and  whose  high  calendar  quarter  remuneration during  the  base  period  is  three  thousand five hundred seventy-five dollars or less, the benefit amount shall be  one  twenty-fifth  of  the remuneration paid during the highest calendar quarter of the base period by   employers   liable   for  contributions  or  payments  in  lieu  of contributions under this  article.  Any  claimant  whose  high  calendar quarter  remuneration during the base period is more than three thousand five hundred seventy-five dollars shall not have a weekly benefit amount less than one hundred forty-three dollars. The weekly benefit amount, so computed, that is not a multiple of one dollar shall be lowered  to  the next  multiple of one dollar. On the first Monday of September, nineteen hundred ninety-eight the weekly benefit amount shall  not  exceed  three hundred  sixty-five  dollars  nor  be less than forty dollars, until the first Monday of September, two  thousand,  at  which  time  the  maximum benefit payable pursuant to this subdivision shall equal one-half of the state  average  weekly  wage for covered employment as calculated by the department no sooner than July first, two thousand  and  no  later  than August  first,  two  thousand, rounded down to the lowest dollar. On and after the first Monday of October, two  thousand  fourteen,  the  weekly benefit  shall not be less than one hundred dollars, nor shall it exceed four hundred twenty dollars until  the  first  Monday  of  October,  two thousand  fifteen  when the maximum benefit amount shall be four hundred twenty-five dollars, until the first Monday  of  October,  two  thousand sixteen  when  the  maximum  benefit amount shall be four hundred thirty dollars, until the first Monday of October, two thousand seventeen  when the  maximum  benefit  amount shall be four hundred thirty-five dollars, until the first Monday  of  October,  two  thousand  eighteen  when  the maximum  benefit  amount  shall be four hundred fifty dollars, until the first Monday of October, two thousand nineteen when the maximum  benefit amount  shall be thirty-six percent of the average weekly wage until the first Monday of October, two thousand twenty when  the  maximum  benefit amount  shall  be thirty-eight percent of the average weekly wage, until the first Monday of October two thousand  twenty-one  when  the  maximum benefit  amount shall be forty percent of the average weekly wage, until the first Monday of October, two thousand twenty-two  when  the  maximum benefit  amount  shall  be forty-two percent of the average weekly wage, until the first Monday of October, two thousand  twenty-three  when  the maximum benefit amount shall be forty-four percent of the average weekly wage,  until  the first Monday of October, two thousand twenty-four when the maximum benefit amount shall be forty-six  percent  of  the  average weekly wage, until the first Monday of October, two thousand twenty-five when  the  maximum  benefit  amount  shall be forty-eight percent of the average weekly wage, until the first Monday  of  October,  two  thousand  twenty-six  and each year thereafter on the first Monday of October when the maximum benefit amount shall be fifty percent of the average  weekly wage  provided,  however,  that  in  no  event shall the maximum benefit amount be reduced from the previous year.  (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  April  1,  2022  or 30 days after the commissioner of labor  certifies  that  the  department  of  labor  has  an  information technology system capable of accomodating these amendments, whichever is 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  April  1,  2022  or  30  days  after  the commissioner  of  labor  certifies  that  the department of labor has an information technology system capable of accomodating these  amendments, whichever is 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 April 1, 2022 or 30 days after the commissioner of labor certifies that the  department  of  labor  has  an  information technology system capable of accomodating these amendments, whichever is 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.   * NB  Effective  April  1,  2022  or 30 days after the commissioner of labor  certifies  that  the  department  of  labor  has  an  information  technology system capable of accomodating these amendments, whichever is 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 April 1, 2022 or 30 days after the commissioner of labor certifies that the  department  of  labor  has  an  information technology system capable of accomodating these amendments, whichever is 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  April  1,  2022  or 30 days after the commissioner of labor  certifies  that  the  department  of  labor  has  an  information technology system capable of accomodating these amendments, whichever is 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 illegal aliens. (a) Remuneration received by a claimant who was an alien 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  alien  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 him  because  of  his  alien  status shall be uniformly required from all claimants.  (d) An alien who is not eligible under 8 USC 1621(a) shall be eligible for  benefits,  provided  such  alien 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.