2023 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 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)
* Extended benefits shall be payable to a claimant for effective weeks
occurring within an eligibility period, provided 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)
(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 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)
* (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  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)
(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 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)
* (b) for not more than fifty percentum of the total maximum amount of
regular benefits payable in such benefit year, and
* 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)
* (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 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)
* (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  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) 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 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. 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 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. 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 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)
* (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 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)
(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 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)
* (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  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. 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.