2023 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 the first Monday after October 1, 2024 or 30 days
after the commissioner of labor certifies that the department  of  labor
has  an  information  technology  system  capable  of  accommodating the
amendments in chapter 277 of 2021, whichever occurs earlier (see chapter
56 of 2024 Pt.Z-§1 for further provisions)
* 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 on the first Monday after October 1, 2024  or  30  days
after  the  commissioner of labor certifies that the department of labor
has an  information  technology  system  capable  of  accommodating  the
amendments in chapter 277 of 2021, whichever occurs earlier (see chapter
56 of 2024 Pt.Z-§1 for further provisions)
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.