NY Lab L § 601 (2021)
2021 New York Laws LAB - Labor Article 18 - Unemployment Insurance Law Title 7 - Benefits and Claims 601 - Extended Benefits.

§  601.  Extended  benefits.  1. Definitions. For the purposes of this section:  (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 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   * Extended benefits shall be payable to a claimant for effective weeks occurring within an eligibility period, provided the claimant   * 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  (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 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   * (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 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  (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 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   * (b) for not more than fifty percentum of the total maximum amount of regular benefits payable in such benefit year, and   * 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   * (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 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   * (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 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) 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 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. 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 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. 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 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    * (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 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  (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 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   * (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  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.  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.