NY Lab L § 596 (2021)
2021 New York Laws LAB - Labor Article 18 - Unemployment Insurance Law Title 7 - Benefits and Claims 596 - Claim Filing, Registration, and Reporting.

§  596.  Claim  filing, registration, and reporting. * 1. Claim filing and certification to unemployment. A claimant shall  file  a  claim  for benefits  at the local state employment office serving the area in which he was last employed or in which he resides within such time and in such manner as the commissioner shall prescribe. He shall disclose whether he owes child support obligations, as  hereafter  defined.  If  a  claimant making  such disclosure is eligible for benefits, the commissioner shall notify the state or local child support enforcement agency, as hereafter defined, that the claimant is eligible.   A claimant shall correctly report  any  days  of  employment  and  any compensation  he received for such employment, including employments not subject to this article, and the days on which he was totally unemployed and shall make such reports in accordance with such regulations  as  the commissioner shall prescribe.   * 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.  Claim filing and certification to unemployment. A claimant shall file a claim for benefits in  such  manner  as  the  commissioner  shall prescribe.  The  claimant  shall  disclose  whether he or she owes child support obligations, as hereafter defined. If  a  claimant  making  such disclosure  is  eligible for benefits, the commissioner shall notify the state or local child support enforcement agency, as  hereafter  defined, that the claimant is eligible.   A  claimant  shall  correctly  report  any weeks of employment and any compensation received for  such  employment,  including  employment  not subject  to  this  article,  and  the  weeks  during which he or she was totally unemployed or partially unemployed and shall make  such  reports in accordance with such regulations as the commissioner shall prescribe.   * 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   2. Child support obligations. (a) The term "child support obligations" means  obligations  enforced  pursuant to an approved plan under section four hundred fifty-four of the federal social  security  act.  The  term "state  or  local  child support enforcement agency" means any agency of the state or a political subdivision thereof operating pursuant to  such a plan.  (b) Notwithstanding the provisions of section five hundred ninety-five of  this  article,  the  commissioner  shall  deduct  and withhold child support obligations from  benefits  payable  to  a  claimant  (including amounts  payable  by the commissioner pursuant to an agreement under any federal law providing for compensation, assistance, or  allowances  with respect  to  unemployment)  in the amount specified by the claimant, the amount determined pursuant to an agreement between the claimant and  the state  or  local  child  support  enforcement  agency  submitted  to the commissioner, or the amount required to be deducted and withheld through legal process, whichever amount is the greatest. Such  amount  shall  be paid to the appropriate state or local child support enforcement agency, and  shall  be  treated  for  all purposes as if paid to the claimant as benefits and paid by the claimant to such agency in satisfaction of  the claimant's  child  support obligations. Each such agency shall reimburse the commissioner for the  administrative  costs  attributable  to  child support obligations being enforced by the commissioner.   3.  Uncollected overissuance of food stamps. (a) The term "uncollected overissuance of food stamps"  has  the  meaning  prescribed  in  section  thirteen  (c)(1)  of  the  federal  food  stamp  act  of  1977. The term "appropriate state food stamp agency" means any agency of the state or a political  subdivision  thereof  enforcing  the   collection   of   such overissuance.  (b) Notwithstanding the provisions of section five hundred ninety-five of  this article, the commissioner shall deduct and withhold uncollected over issuances of food  stamps  from  benefits  payable  to  a  claimant pursuant  to  section  thirteen  (c)(3) of the federal food stamp act of 1977; provided, however, that no  agreement  pursuant  to  this  section shall  reduce  benefits  by  an  amount  in excess of the greater of ten percent of the weekly benefit amount or  ten  dollars,  unless  claimant specifically  requests,  in  writing,  to  reduce  benefits by a greater amount. Any amount deducted and withheld under this subdivision shall be paid to the appropriate state food stamp agency, and  shall  be  treated for  all  purposes as if paid to the claimant as benefits and as if paid by the claimant to  such  agency  in  satisfaction  of  claimant's  over issuance of food stamps coupons. To the extent permitted by federal law, the procedures for correcting overpayments shall be designed to minimize adverse  impact on the claimant, and to the extent possible, avoid undue hardship.  (c)  Each  such  agency  shall  reimburse  the  commissioner  for  the administrative  costs  incurred  under  this  subdivision  in  a  manner consistent with  a  memorandum  of  understanding  as  approved  by  the director  of  the  division  of  the budget. Such reimbursement shall be consistent with federal law and regulations.   * 4. Registration and reporting for work. A claimant shall register as totally unemployed at a local state employment office serving  the  area in  which he was last employed or in which he resides in accordance with such  regulations  as  the  commissioner  shall  prescribe.   After   so registering, such claimant shall report for work at the same local state employment  office  or  otherwise  give notice of the continuance of his unemployment as often and in  such  manner  as  the  commissioner  shall prescribe.   * 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. Registration and reporting for work. A claimant shall register as totally  unemployed  or  partially  unemployed  with  the  department in accordance with such regulations as the  commissioner  shall  prescribe. After  so  registering,  such claimant shall report for work at the same local state employment office or  otherwise  give  notice  of  continued total  or  partial  unemployment  as  often  and  in  such manner as the commissioner shall prescribe.   * 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. Part time  work.  Notwithstanding  any  other  provisions  of  this article,  a  claimant  who for reasons personal to himself or herself is unable or unwilling to work full time and who  customarily  worked  less than  the  full  time prevailing in his or her place of employment for a majority of the weeks worked during the applicable  base  period,  shall not be denied unemployment insurance solely because the claimant is only seeking  part time work. For purposes of this subdivision, "seeking part time work" shall mean the claimant is willing to work for  a  number  of hours  per  week  that  are  comparable to the claimant's part time work during the majority of time in the base period.    6. An individual filing a new claim for unemployment  benefits  shall, at the time of filing such claim, be advised that:  (a)(1)  Unemployment  benefits are subject to federal, state and local income tax;  (2) Requirements exist pertaining to estimated tax payments;  (3) The individual may elect to have federal and/or state  income  tax deducted  and  withheld  from  the  individual's payment of unemployment benefits at the amount specified under the federal internal revenue code (26 U.S.C.A. 3402(p)(2)) and/or the state  income  tax  withholding  tax schedules as specified under the tax law and relevant regulations; and  (4)  The  individual shall be permitted to change a previously elected withholding status.  (b) Notwithstanding the provisions of section five hundred ninety-five of this article, the commissioner  shall  deduct  and  withhold  federal and/or  state  income tax from benefits payable to an individual if such individual elects such withholding. Amounts deducted and  withheld  from unemployment  benefits shall remain in the unemployment trust fund until transferred to the appropriate taxing authority as a payment  of  income tax.  (c)  The  commissioner  shall  follow  all procedures specified by the United States department of labor, the federal internal revenue service, the state department of labor and the state department of  taxation  and finance  pertaining  to  the  deducting  and  withholding  of income tax authorized under this subdivision.  (d) Amounts shall be deducted and withheld under this subdivision only after  amounts  are  deducted  and  withheld  for  any  overpayment   of unemployment  benefits,  child  support  obligations,  food  stamp  over issuances or any other amounts required  to  be  deducted  and  withheld under this article.   7.  Notwithstanding the provisions of section five hundred ninety-five of  this  title,  the  commissioner  shall  deduct  and   withhold   any overpayments  established  under  this  article  or  under  any state or federal unemployment compensation program from benefits  payable  to  an individual.  No  penalties or interest assessed pursuant to section five hundred ninety-four of this title  may  be  deducted  or  withheld  from benefits.