2023 New York Laws › LAB - Labor › Article 18 - Unemployment Insurance Law › Title 7 - Benefits and Claims › 590 - Rights to Benefits.

§  590.  Rights to benefits.  * 1. Entitlement to benefits. A claimant
shall be entitled to  accumulate  effective  days  for  the  purpose  of
benefit  rights  only  if  he  has  complied with the provisions of this
article regarding the filing of his claim, including  the  filing  of  a
valid  original  claim,  registered  as totally unemployed, reported his
subsequent  employment  and  unemployment,  and  reported  for  work  or
otherwise given notice of the continuance of his 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)
* 1.  Entitlement  to  benefits.  A  claimant  shall  be  entitled  to
accumulate effective weeks for the purpose of benefit rights only if  he
has complied with the provisions of this article regarding the filing of
his claim, including the filing of a valid original claim, registered as
totally  or partially unemployed, reported his subsequent employment and
unemployment, and reported for work or otherwise  given  notice  of  the
continuance of his unemployment.
* 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)
2. Notice  of  eligibility  upon  separation  from  employment.  Every
employer  liable  under this article for contributions shall inform each
employee of their right to file an application for unemployment benefits
with the department. Such information shall be given at the time of each
permanent or indefinite separation from employment, reduction in  hours,
temporary separation, and any other interruption of continued employment
that  results  in  total  or  partial unemployment. Such notice shall be
given in writing on a form furnished or approved by the  department  and
shall include:
(a) the employer's name and registration number;
(b)  the  address  of the employer to which a request for remuneration
and employment  information  with  respect  to  such  employee  must  be
directed; and
(c) such other information as is required by the commissioner.
* 3. Compensable periods. Benefits shall be paid for each accumulation
of effective days within a week.
* 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)
* 3.  Compensable  periods.  Benefits shall be paid for each effective
week.
* 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)
* 4.  Duration.  Benefits  shall not be paid for more than one hundred
and four effective days in any  benefit  year,  except  as  provided  in
section  six  hundred  one  and  subdivision two of section five hundred
ninety-nine of this chapter.
* 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.  Duration.  Benefits  shall not be paid in an amount greater than
twenty-six times the claimant's weekly benefit rate in any benefit year,
except as provided in section six hundred one  and  subdivision  two  of
section five hundred ninety-nine of this chapter.
* 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. Benefit rate. (a) A claimant's weekly benefit amount shall  be  one
twenty-sixth  of  the  remuneration  paid  during  the  highest calendar
quarter of the base period by employers,  liable  for  contributions  or
payments  in  lieu  of  contributions  under  this article, provided the
claimant has remuneration paid in all four calendar quarters during  his
or  her  base period or alternate base period. However, for any claimant
who has remuneration paid in all four calendar quarters  during  his  or
her base period or alternate base period and whose high calendar quarter
remuneration  during  the  base  period  is  three thousand five hundred
seventy-five  dollars  or  less,  the  benefit  amount  shall   be   one
twenty-fifth  of  the  remuneration  paid  during  the  highest calendar
quarter of the base period by  employers  liable  for  contributions  or
payments  in  lieu  of  contributions  under  this article. A claimant's
weekly benefit shall be one twenty-sixth  of  the  average  remuneration
paid  in  the  two  highest  quarters  paid  during  the  base period or
alternate base period by employers liable for contributions or  payments
in  lieu  of  contributions  under  this  article  when the claimant has
remuneration paid in two or three calendar  quarters  provided  however,
that  a claimant whose high calendar quarter is four thousand dollars or
less but greater than three thousand five hundred  seventy-five  dollars
shall  have  a  weekly  benefit  amount of one twenty-sixth of such high
calendar quarter. However, for any claimant who has remuneration paid in
two or three  calendar  quarters  during  his  or  her  base  period  or
alternate  base  period  and  whose  high  calendar quarter remuneration
during the base period  is  three  thousand  five  hundred  seventy-five
dollars  or  less,  the  benefit amount shall be one twenty-fifth of the
remuneration paid during the highest calendar quarter of the base period
by  employers  liable  for  contributions  or  payments   in   lieu   of
contributions  under  this  article.  Any  claimant  whose high calendar
quarter remuneration during the base period is more than three  thousand
five hundred seventy-five dollars shall not have a weekly benefit amount
less than one hundred forty-three dollars. The weekly benefit amount, so
computed,  that  is not a multiple of one dollar shall be lowered to the
next multiple of one dollar. On the first Monday of September,  nineteen
hundred  ninety-eight  the  weekly benefit amount shall not exceed three
hundred sixty-five dollars nor be less than  forty  dollars,  until  the
first  Monday  of  September,  two  thousand,  at which time the maximum
benefit payable pursuant to this subdivision shall equal one-half of the
state average weekly wage for covered employment as  calculated  by  the
department  no  sooner  than  July first, two thousand and no later than
August first, two thousand, rounded down to the lowest  dollar.  On  and
after  the  first  Monday  of October, two thousand fourteen, the weekly
benefit shall not be less than one hundred dollars, nor shall it  exceed
four  hundred  twenty  dollars  until  the  first Monday of October, two
thousand fifteen when the maximum benefit amount shall be  four  hundred
twenty-five  dollars,  until  the  first Monday of October, two thousand

sixteen when the maximum benefit amount shall  be  four  hundred  thirty
dollars,  until the first Monday of October, two thousand seventeen when
the maximum benefit amount shall be four  hundred  thirty-five  dollars,
until  the  first  Monday  of  October,  two  thousand eighteen when the
maximum benefit amount shall be four hundred fifty  dollars,  until  the
first  Monday of October, two thousand nineteen when the maximum benefit
amount shall be thirty-six percent of the average weekly wage until  the
first  Monday  of  October, two thousand twenty when the maximum benefit
amount shall be thirty-eight percent of the average weekly  wage,  until
the  first  Monday  of  October two thousand twenty-one when the maximum
benefit amount shall be forty percent of the average weekly wage,  until
the  first  Monday  of October, two thousand twenty-two when the maximum
benefit amount shall be forty-two percent of the  average  weekly  wage,
until  the  first  Monday of October, two thousand twenty-three when the
maximum benefit amount shall be forty-four percent of the average weekly
wage, until the first Monday of October, two thousand  twenty-four  when
the  maximum  benefit  amount  shall be forty-six percent of the average
weekly wage, until the first Monday of October, two thousand twenty-five
when the maximum benefit amount shall  be  forty-eight  percent  of  the
average  weekly  wage,  until  the first Monday of October, two thousand
twenty-six and each year thereafter on the first Monday of October  when
the  maximum benefit amount shall be fifty percent of the average weekly
wage provided, however, that in  no  event  shall  the  maximum  benefit
amount be reduced from the previous year.
(b)  Notwithstanding  the  foregoing, the maximum benefit amount shall
not be increased in accordance with the schedule set forth in  paragraph
(a)  of this subdivision in any year in which the balance of the fund is
determined by the commissioner to not have reached  or  exceeded  thirty
percent of the average high cost multiple, as defined in 20 CFR Part 606
as  the standard for receipt of interest-free federal loans, on at least
one day between April first and June thirtieth of the same calendar year
as the increase shall take effect. If, following such suspension  of  an
increase   in   the  maximum  benefit  amount,  the  commissioner  shall
determine, on at least one day between April first  and  June  thirtieth
that the balance of the fund is greater than such thirty percent average
high  cost  multiple,  then the maximum benefit amount shall increase to
the percentage for the  year  previously  scheduled  to  be  established
pursuant  to paragraph (a) of this subdivision had the increase not been
suspended and increased  annually  thereafter  in  accordance  with  the
schedule  set  forth  in  paragraph  (a) of this subdivision. In no case
shall such suspension result in  a  reduction  of  the  maximum  benefit
amount to less than the amount provided in the most recent year.
* (c)   Benefit  for  partial  unemployment.  Except  as  provided  in
paragraph (d)  of  this  subdivision,  any  claimant  who  is  partially
unemployed  with  respect  to  any  effective  week  shall be paid, with
respect to such effective week, a benefit equal to  his  weekly  benefit
rate  less the total of the remuneration, if any, paid or payable to him
with respect to such week for services performed which is in  excess  of
his partial benefit credit.
* 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)
* (d) Benefit for partial unemployment for certain  claimants  working
one day in a week. Any claimant who is partially unemployed with respect
to  any effective week but whose employment is limited to one day during
that effective week and whose remuneration paid or payable to  him  with

respect  to  such  week  for  services performed is less than his weekly
benefit rate shall be paid, with  respect  to  such  effective  week,  a
benefit  equal  to  three-quarters  of  his  weekly  benefit rate, or if
higher,  the  benefit  calculated  pursuant  to  paragraph  (c)  of this
subdivision.
* NB Effective and Repealed 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)
* 6.  Notification  requirement. No effective day shall be counted for
any purposes except effective days as to  which  notification  has  been
given in a manner prescribed by the commissioner.
* 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)
* 6.  Notification requirement. No effective week shall be counted for
any purposes except effective weeks as to which  notification  has  been
given  in a manner prescribed by the commissioner.  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
* 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)
* 7. Waiting period. A claimant shall not be  entitled  to  accumulate
effective  days  for  the  purpose  of  benefit  payments  until  he has
accumulated a waiting period of four effective days either wholly within
the week in which he established his  valid  original  claim  or  partly
within  such  week  and partly within his benefit year initiated by such
claim.
* 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)
* 7. Waiting period. A claimant shall not be  entitled  to  accumulate
effective  weeks  for  the  purpose  of  benefit  payments  until he has
accumulated a waiting period of one effective week.
* 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)
8.  Benefit payments to professional athletes. If substantially all of
a claimant's employment during his base period is as  a  participant  in
sports or athletic events or in training or preparing to so participate,
no  benefits  shall be payable for any week commencing during the period
between two successive sports seasons or similar periods, provided there
is a reasonable assurance that the claimant  will  perform  services  in
such capacity for both of such seasons or similar periods.
For  the  purposes  of  this subdivision, "reasonable assurance" shall
mean a written contract that the claimant will perform services  in  the
same  capacity  during  the ensuing sports season or similar period or a

claimant's offering of services in  the  successive  season  or  similar
period and an interest by an employer in employing him.
9. Benefits based on employment performed by undocumented noncitizens.
(a) Remuneration received by a claimant who was a noncitizen at the time
such remuneration was paid shall not be taken into consideration for the
purpose of establishing rights to benefits under this article unless the
claimant  was  then  lawfully  admitted  for  permanent residence in the
United States, was then lawfully present for purposes of performing such
services or was then permanently residing in  the  United  States  under
color  of law, including a claimant lawfully present pursuant to section
207 or 208 of the federal immigration and nationality act.
(b) A determination that  benefits  are  not  payable  to  a  claimant
because  of  the  claimant's noncitizen status shall be made only upon a
preponderance of the evidence, and shall be effective only if it  is  in
conformity  with  section  3304 (a) (14) of the federal unemployment tax
act.
(c) Any data or  information  required  of  a  claimant  to  determine
whether  benefits are not payable to such claimant because of noncitizen
status shall be uniformly required from all claimants.
(d) A noncitizen who is not eligible under  8  USC  1621(a)  shall  be
eligible for benefits, provided such noncitizen is eligible for benefits
under  the  provisions  of this article and section 3304 (a) (14) of the
federal unemployment tax act.
10.  Benefits  based  on  professional  employment  with   educational
institutions,  including  the  state  university  of  New York, the city
university of New York and any public community colleges. If a  claimant
was  employed in an instructional, research, or principal administrative
capacity by an institution of education, including the state  university
of  New  York,  the city university of New York and any public community
colleges, or performed services in such an institution in such  capacity
while  employed  by  an  educational service agency, the following shall
apply to any week commencing during the period  between  two  successive
academic  years or terms, or during a similar period between two regular
but not successive terms when the contract  provides  therefor  instead,
provided  the  claimant  has  a  contract  to  perform,  or  there  is a
reasonable assurance that the claimant will perform,  services  in  such
capacity  for  any  such  institution  or  institutions for both of such
academic years or such terms, and  to  any  week  commencing  during  an
established and customary vacation period or holiday recess, not between
such  academic  terms or years, provided the claimant performed services
for such institution immediately before such vacation period or  holiday
recess  and  there  is  a  reasonable  assurance  that the claimant will
perform any services described in this subdivision or subdivision eleven
of this section in the period immediately following such vacation period
or holiday recess:
(a) In the case of a claimant who has no current benefit year, whether
the claimant meets the conditions of section five  hundred  twenty-seven
in  any  such  week shall be determined by disregarding the remuneration
paid for such employment.
(b) In the case of a claimant who does have a current benefit year, no
benefits shall be payable with respect to any  such  week  provided  the
claimant  would  not  have  met  the  conditions of section five hundred
twenty-seven in the week in which the claimant filed  a  valid  original
claim if the remuneration paid for such employment is disregarded.
(c) The benefit rate of a claimant with respect to any such week shall
be  determined or redetermined by disregarding the remuneration paid for
such employment.
"Educational  service  agency"  means   a   governmental   agency   or
governmental  entity  or  Indian  tribal entity which is established and
operated exclusively for  the  purpose  of  providing  to  one  or  more
educational  institutions  services  mentioned under this subdivision or
subdivision eleven of this section.
For  purposes  of  this  subdivision  or  subdivision  eleven  of this
section, "educational  institution"  shall  include  any  not-for-profit
community  art  school  which  is  chartered as a school by the board of
regents of the university of state of New York.
11.  Benefits  based  on  non-professional  employment  with   certain
educational  institutions.  If  a claimant was employed in other than an
instructional, research  or  principal  administrative  capacity  by  an
educational institution, or performed services in such an institution in
such  capacity  while  employed  by  an  educational service agency, the
following shall apply to any week commencing during the  period  between
two  successive  academic  years or terms provided there is a reasonable
assurance that the claimant will perform services in such  capacity  for
any  such institution or institutions for both of such academic years or
terms, and to any week commencing during an  established  and  customary
vacation  period  or  holiday recess, not between such academic terms or
years, provided the claimant performed  services  for  such  institution
immediately before such vacation period or holiday recess and there is a
reasonable  assurance  that  the  claimant  will  perform  any  services
described in this subdivision or subdivision ten of this section in  the
period immediately following such vacation period or holiday recess:
(a) In the case of a claimant who has no current benefit year, whether
the  claimant  meets the conditions of section five hundred twenty-seven
in any such week shall be determined by  disregarding  the  remuneration
paid for such employment.
(b) In the case of a claimant who does have a current benefit year, no
benefits  shall  be  payable  with respect to any such week provided the
claimant would not have met  the  conditions  of  section  five  hundred
twenty-seven  in  the  week in which the claimant filed a valid original
claim if the remuneration paid for such employment is disregarded.
(c) The benefit rate of a claimant with respect to any such week shall
be determined or redetermined by disregarding the remuneration paid  for
such employment.
(d)  Notwithstanding  the  foregoing provisions of this subdivision, a
claimant who was not offered an opportunity to perform services for  the
educational  institution  for the second of such academic years or terms
shall be entitled to be paid benefits retroactively for  each  week  for
which  the  claimant  filed  a  timely  claim for benefits and for which
benefits were denied solely by reason of this subdivision.
"Educational  service  agency"  means   a   governmental   agency   or
governmental  entity  or  Indian  tribal entity which is established and
operated exclusively for  the  purpose  of  providing  to  one  or  more
educational  institutions  services  mentioned under this subdivision or
subdivision ten of this section.
12. An  individual  claimant  who  has  received  a  determination  of
entitlement  pursuant  to  section  five  hundred  twenty-seven  of this
article may request the commissioner to reconsider the benefit  rate  to
which such claimant is entitled under the following circumstances:
(a)(1)   the  claimant  filed  a  valid  original  claim  pursuant  to
subdivision one or two of section  five  hundred  twenty-seven  of  this
article  or,  in  the  event  the claimant exercised his or her right to
apply to the commissioner to determine his or her benefits  pursuant  to
paragraph  (b) of subdivision two of such section, the claimant selected
the base period to be utilized; and
(2) after the establishment of the base period to utilize pursuant  to
subparagraph  one  of this paragraph, and within ten days of the date of
the mailing of the determination  of  the  benefit  rate  to  which  the
claimant  is  entitled  for  such  base  period by the commissioner, the
claimant  produces proof satisfactory to the commissioner and consistent
with  wage  data  contained  in  the  statewide  wage  reporting  system
maintained  by  the  department  of  taxation  and  finance  or,  in the
commissioner's sole discretion, sufficient to warrant  its  use  in  the
event that it is inconsistent with such wage data, that he or she has at
least  twenty  weeks  of  employment, as defined in section five hundred
twenty-four of this chapter, in such established base period. Such proof
shall include paycheck stubs, payroll envelopes, or cancelled checks.
(b) in the event that a claimant submits a request for reconsideration
of the benefit rate to the commissioner pursuant  to  paragraph  (a)  of
this  subdivision,  and one-half of the average weekly wage of all wages
paid for all weeks of employment for which  proof  satisfactory  to  the
commissioner was submitted pursuant to subparagraph two of paragraph (a)
of  this  subdivision  during  the established base period referenced in
such paragraph is at least five dollars more  than  the  weekly  benefit
amount  calculated  pursuant  to  subdivision  five of this section, the
commissioner shall determine the claimant's  benefit  rate  to  be  such
amount,  but  in  no  event  shall  such amount be more than the maximum
benefit rate in effect pursuant to subdivision five of this section.