2023 New York Laws › LAB - Labor › Article 18 - Unemployment Insurance Law › Title 6 - Contributions to Fund › 581-A - Rates of Contributions to Fund in Emergency.

§   581-a.   Rates   of   contributions   to  fund  in  emergency.  1.
  Notwithstanding the provisions of section  five  hundred  eighty-one  of
  this  chapter  to  the  contrary, all employers whose employees received
  payments due to a layoff caused  by  flood  conditions  shall  not  have
  included  in  their experience rating charges the amounts so paid to the
  employees from the fund  for  the  period  of  from  June  twenty-third,
  nineteen hundred seventy-two through June twenty-third, nineteen hundred
  seventy-three.    Application  for  permission  to exclude such payments
  shall be made to the commissioner on or before the first day of October,
  nineteen hundred seventy-three, and the provisions of subdivision six of
  section five hundred eighty-one of this chapter shall not apply hereto.
2. Notwithstanding the provisions of section five  hundred  eighty-one
  of  this chapter to the contrary, all employers whose employees received
  payments due to the  waiver  of  the  waiting  period  pursuant  to  the
  provisions  of  subdivision  nine of section five hundred ninety of this
  chapter shall not have included in their experience rating  charges  the
  amounts  so  paid to the employees from the fund for such waived waiting
  period during the snow and energy emergency  of  January  and  February,
  nineteen  hundred  seventy-seven. Application for permisssion to exclude
  such payments shall be made to the commisssioner on or before the  first
  day  of  October,  nineteen hundred seventy-seven, and the provisions of
  subdivision six of section five hundred eighty-one of this chapter shall
  not apply hereto.
3. Notwithstanding the provisions of section five  hundred  eighty-one
  of  this title to the contrary, and for the purpose of responding to the
  COVID-19 pandemic, any employer whose employees receive  payments  under
  this  article  for unemployment claims made on or after March ninth, two
  thousand twenty and through the duration of the state disaster emergency
  declared by executive order number  two  hundred  two  of  two  thousand
  twenty  and any further amendments or modifications thereto, or December
  thirty-first two thousand twenty-one, whichever is later, shall not have
  included in their experience rating charges the amounts so paid  to  the
  employees from the fund. Such charges, if not reimbursed, in whole or in
  part by the federal government, shall be made to the general account for
  the fund created by section five hundred fifty of this article.
4.  The  provisions  of this section shall apply to an employer liable
  for contributions or payments in  lieu  of  contributions,  but  if  the
  secretary  of labor of the United States finds that their application to
  such employer does not meet the requirements of the Federal Unemployment
  Tax Act, such provisions shall  be  inoperative  with  respect  to  such
  employer, unless and until such finding has been set aside pursuant to a
  final   decision   issued   in  accordance  with  such  judicial  review
  proceedings as may be instituted and completed under the  provisions  of
  section thirty-three hundred ten of the Federal Unemployment Tax Act.