2023 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 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.  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  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. 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 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. 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  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. 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.