NY Lab L § 527 (2021)
2021 New York Laws LAB - Labor Article 18 - Unemployment Insurance Law Title 2 - Definitions 527 - Valid Original Claim.

§  527.  Valid  original  claim.  1.  Basic condition. "Valid original claim"  is  a  claim  filed  by  a  claimant  who  meets  the  following qualifications:  (a) is able to work, and available for work; (b) is not subject  to  any  disqualification or suspension under this article; (c) his or her previously established benefit year, if any, has expired; (d) has been paid remuneration by employers liable for contributions or  for payments  in  lieu  of  contributions  under  this  article,  other than employers from whom the claimant  lost  employment  and  for  which  the commissioner  makes  a  determination  disqualifying  the  claimant  for misconduct pursuant to  subdivisions  three  and  six  of  section  five hundred ninety-three of this article, for employment during at least two calendar  quarters  of  the  base  period,  with remuneration of one and one-half times the high calendar quarter remuneration  within  the  base period  and  with at least two hundred twenty-one times the minimum wage established under subdivision one of section six  hundred  fifty-two  of this  chapter  rounded  down  to the nearest one hundred dollars of such remuneration being paid during the high calendar quarter  of  such  base period.  For  purposes  of  this  section,  the remuneration in the high calendar quarter of the base period used in determining a valid original claim shall not exceed an amount equal to twenty-two times  the  maximum benefit  rate  as  set forth in subdivision five of section five hundred ninety of this article for all individuals.   2. Alternate condition. (a) An individual who  is  unable  to  file  a valid original claim in accordance with subdivision one of this section, files a valid original claim by meeting the qualifications enumerated in paragraphs  (a),  (b)  and (c) of subdivision one of this section and by having been paid remuneration by employers liable for  contributions  or for  payments  in  lieu  of contributions under this article, other than employers from whom the claimant  lost  employment  and  for  which  the commissioner  makes  a  determination  disqualifying  the  claimant  for misconduct pursuant to  subdivisions  three  and  six  of  section  five hundred ninety-three of this article, for employment during at least two calendar  quarters  of  the  base  period,  with remuneration of one and one-half times the high calendar quarter remuneration  within  the  base period  and  with at least two hundred twenty-one times the minimum wage established under subdivision one of section six  hundred  fifty-two  of this  chapter  rounded  down  to the nearest one hundred dollars of such remuneration being paid during the high calendar quarter  of  such  base period.  For  purposes  of  this  section,  the remuneration in the high calendar quarter of the base period used in determining a valid original claim shall not exceed an amount equal to twenty-two times  the  maximum benefit  rate  as  set forth in subdivision five of section five hundred ninety of this article for all individuals.  (b) An individual who is able  to  file  a  valid  original  claim  in accordance with subdivision one of this section, may make an application to  the commissioner to determine his or her entitlement to benefits and benefit rate pursuant to paragraph (a) of  this  subdivision  under  the following conditions:  (i)  The  claimant  must  file such application within ten days of the date the monetary determination was mailed by the department.  (ii) In those circumstances where a wage data report  in  relation  to the  alternate  condition  is  not  due  or  has  not been received, the claimant must provide proof of remuneration paid for such quarter to the commissioner's satisfaction in order for the claimant's  application  to be considered.  (iii)  Under those circumstances where such application results in the claimant being able to file a  valid  original  claim  under  the  basic  condition  and  the  alternate  condition,  the  claimant may select the condition to be utilized.   3.  Disability.  In  the  case  of a claimant who did not file a valid original claim solely because  the  claimant  was  not  paid  sufficient remuneration  and  who  received  workers'  compensation payments or any benefits paid pursuant to the volunteer firefighters' benefit law during the base period specified in subdivision one  of  section  five  hundred twenty  of  this article, said period shall be extended. The term of the extension shall be equivalent to the number of calendar quarters  during which  the  claimant  received  such  payments, but shall not exceed two calendar quarters.   * 4. General condition. A valid original claim may be filed only in  a week   in  which  the  claimant  has  at  least  one  effective  day  of 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   * 4. General condition. A valid original claim may be filed only in  a week  that  qualifies  as  an  effective  week  of  unemployment for 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   5. Utilization of wage credits. Remuneration used to establish a valid original claim pursuant  to  subdivision  one,  two  or  three  of  this section,  may  not  be  considered  for  the  purpose  of establishing a subsequent valid original claim  except  as  provided  by  section  five hundred twenty-eight of this article.   6.  Work  requirement.  An  individual  who has filed a previous valid original claim pursuant to this section must have worked  in  employment and  been  paid  remuneration  for such work since the beginning of such previous claim in an amount equal to at least ten times  the  claimant's weekly  benefit  rate  in  order  to  be able to file a subsequent valid original claim.