NY Lab L § 563 (2021)
2021 New York Laws LAB - Labor Article 18 - Unemployment Insurance Law Title 5 - Coverage 563 - Non-Profit Organizations.

§   563.   Non-profit  organizations.  1.  Definition.  A  "non-profit organization" shall mean any  corporation,  unincorporated  association, community  chest, fund, or foundation organized and operated exclusively for religious, charitable, scientific, literary or educational purposes, no part of the net earnings of  which  inures  to  the  benefit  of  any private shareholder or individual.   2.  Exclusions.  In  addition to services not included pursuant to the provisions of section five hundred eleven, the  term  "employment"  does not include services rendered for a non-profit organization by  (a) a duly ordained, commissioned, or licensed minister of a church in the exercise of his ministry, or by a member of a religious order in the exercise of duties required by such order,  (b)  a  lay  member  elected  or  appointed  to  an  office within the discipline of a bona fide church and engaged in religious functions;  (c) a person employed at a place of religious worship as  a  caretaker or  for the performance of duties of a religious nature, or both, unless voluntary election has been made pursuant to the provisions  of  section five hundred sixty-one of this article;  (d) a person who  (1)  receives  rehabilitative services in a facility conducted for the purpose of carrying out a  program  of  rehabilitation  for  individuals whose  earning  capacity  is  impaired  by  age  or  physical  or mental deficiency or injury or  (2) is given remunerative work in a facility conducted for the purpose of providing such work for persons who cannot be readily absorbed in the competitive labor market because of their impaired  physical  or  mental capacity;  (e) an incarcerated individual of a custodial or penal institution;  (f)  a  person who participates in a youth service program designed to foster  a  commitment  to  community  service   and   occupational   and educational  development  and  who, while participating in that program, performs services in the community or  attends  school  and  receives  a stipend  designed  to  cover expenses incurred in performing services or attending school, and is eligible  for  an  award  or  scholarship  upon leaving the program.   3.  Coverage.  Notwithstanding the provisions of sections five hundred sixty and five hundred sixty-two, a non-profit organization  (a) shall become liable for contributions under this article  (1) if it has paid cash remuneration of one thousand dollars  or  more in  any  calendar quarter and such liability shall commence on the first day of such quarter or  (2) if it has employed four or more persons on  each  of  twenty  days during a calendar year or the preceding calendar year, each day being in a  different  calendar  week,  and  the  liability  shall  in this event commence on the first day of the calendar year, and  (b) shall cease to be liable for contributions as of the first day  of a calendar quarter next following the filing of a written application to this effect provided the commissioner finds that  (1)  it has not paid cash remuneration of one thousand dollars or more in any of the four calendar quarters preceding such day and  (2) has not employed four or more  persons  on  each  of  twenty  days during  the  current or the preceding calendar year, each day being in a different week.   4. Election  of  payments  in  lieu  of  contributions.  A  non-profit organization, or a group of such organizations, liable for contributions under  this  article,  but  not  subject  to  taxation under the federal unemployment tax act pursuant to the  provisions  of  paragraph  (8)  of subsection  (c)  of  section  thirty-three  hundred six of that act, may  elect to become liable for payments in lieu of contributions as  of  the first day of any calendar year by filing with the commissioner a written notice  to  this  effect  before  the  beginning of such year or, if the organization  was  not  liable in the preceding calendar year, by filing the notice not later than thirty days after the  end  of  that  calendar quarter   in   which   the  event  rendering  it  liable  occurred.  The commissioner may for good cause shown extend the time for the filing  of such notice.   5.  Obligations  upon election. (a) A non-profit organization which is liable for payments in lieu of contributions shall pay into the fund  an amount  equal to the amount of benefits paid to claimants and charged to its employer's account in accordance with the  provisions  of  paragraph (e)  of  subdivision one of section five hundred eighty-one on the basis of remuneration paid on or after the date on which such liability became effective. The amount of payments so required shall be determined by the commissioner as soon as practicable  after  the  end  of  each  calendar quarter  or any other period. Such amount shall be payable at such times and in such manner as the commissioner may prescribe and, when paid, the employer's account of the non-profit organization  shall  be  discharged accordingly.  (b)   If   non-profit   organizations   elect   payments  in  lieu  of contributions as a group, the members of the group  shall  be  severally and  jointly  liable  for  payments  of  amounts equal to the amounts of benefits paid to claimants and charged to the employer's accounts of all members of the group.   The commissioner may prescribe conditions and methods for  such  group elections  and for the discharge of the obligations and responsibilities of the group and its members.  (c) If a non-profit organization was liable  for  contributions  under this  article before nineteen hundred sixty-nine and elected payments in lieu of contributions when such election first  became  available  under this section, the payments it is required to make shall include benefits charged  on the basis of weeks of employment which began before the date on which such election took effect but shall not be greater than the sum by which a balance in its employer's account as of such date is exceeded by the amount of benefits charged on and after that date. The balance in the employer's account as of such date shall for  the  purposes  of  the foregoing  provisions  be  deemed  to  include  contributions paid on or before January thirty-first, nineteen hundred seventy-one on  the  basis of wages paid in the last calendar quarter of nineteen hundred seventy.   6.   Termination  of  election.  (a)  A  non-profit  organization  may terminate its  election  to  become  liable  for  payments  in  lieu  of contributions  as  of  the  first  day  of any calendar year by filing a written notice to this effect with the commissioner before the beginning of such year.  (b) The commissioner may  cancel  at  any  time  such  election  of  a non-profit  organization  which  has  failed to make any of the payments required  hereunder  within  thirty  days  after  the  commissioner  has notified  it  of  the liability for and the amount of such payment. Such cancellation shall remain in  force  and  effect  until  the  non-profit organization  files  a  new  notice  of  election in accordance with the provisions of subdivision four after  having  satisfied  conditions  and requirements prescribed by the commissioner for this purpose.  (c)  If  such  election  is terminated by a non-profit organization or cancelled by the commissioner, the non-profit organization shall  remain liable  for  payments  in  lieu  of  contributions  with  respect to all benefits charged to its account on the basis of remuneration paid before the date on which such termination or cancellation took effect.    7. Assessment and collection of payments in lieu of contributions. The amount of payments in lieu of contributions due hereunder but  not  paid upon  notice  shall  be  assessed  and  collected  by  the commissioner, together with interest and penalties, if any, in  the  same  manner  and subject  to  the  same  conditions in which contributions due from other employers may be assessed and collected under  the  provisions  of  this article.