S6992-2011 Actions

• Apr 19, 2012: REFERRED TO LABOR

S6992-2011 Memo

BILL NUMBER:S6992

TITLE OF BILL:
An act
to amend the labor law, in relation to the duration of rights of
benefits

PURPOSE:
This bill would reduce the number of weeks that an individual in New
York can collect State unemployment benefits from 26 weeks to as few
as 16 weeks if unemployment falls below 5.5% in the claimants county
of residence with an additional week added for each 0.3% increase in
the county unemployment rate up to a maximum of 26 weeks.

SUMMARY OF PROVISIONS:
� 1- Amends Subdivision 4 of section 590 of the labor law to change
the duration that benefits are limited to.

JUSTIFICATION:
When unemployment is extraordinarily high, it is sometimes necessary
for claimants be provided 6 months to have the opportunity to find
employment in a challenging job market. As the unemployment rate
decreases because the job market improves the amount of time needed
to find suitable employment should be reduced as well. This will
prevent claimants who become unemployed during a time of low
unemployment from delaying their job search until the final weeks of
their unemployment benefits.

Most importantly, this will reduce the unemployment taxes paid by
employers. These taxes raise the cost of doing business and lead to
higher consumer prices and reduced willingness of employers to hire.
Similar reform of the duration of unemployment benefits was included
in Florida's recent comprehensive unemployment compensation program
reform measures estimated to reduce unemployment taxes for employers
by over $600 million.

LEGISLATIVE HISTORY:
New bill.

EFFECTIVE DATE:
Immediately.

S6992-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         6992
 I N  SENATE
 April 19, 2012
 
 Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
 printed to be committed to the Committee on Labor
 

AN ACT to amend the labor law, in relation to the duration of rights  of
 benefits
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. Subdivision 4 of section 590 of the labor law,  as  amended
 by chapter 457 of the laws of 1987, is amended to read as follows:

 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.] BE LIMITED TO:

 (A)  SIXTY-FOUR  EFFECTIVE DAYS IN A BENEFIT YEAR IF THE AVERAGE UNEM
 PLOYMENT RATE OF THE CLAIMANT'S COUNTY OF RESIDENCE IS AT OR BELOW  FIVE
 AND  FIVE-TENTHS  OF  A  PER  CENT  AT THE TIME OF THE FILING OF A VALID
 ORIGINAL CLAIM.
 (B) AN ADDITIONAL FOUR EFFECTIVE DAYS IN ADDITION  TO  THE  SIXTY-FOUR
 EFFECTIVE  DAYS  IN  A  BENEFIT YEAR FOR EACH THREE-TENTHS OF A PER CENT
 INCREMENT IN THE AVERAGE UNEMPLOYMENT RATE OF THE CLAIMANT'S  COUNTY  OF
 RESIDENCE  ABOVE  FIVE  AND FIVE-TENTHS OF A PER CENT AT THE TIME OF THE
 FILING OF A VALID ORIGINAL CLAIM.
 (C) UP TO A MAXIMUM OF ONE HUNDRED FOUR  DAYS  IN  ANY  BENEFIT  YEAR,
 EXCEPT AS PROVIDED IN SECTION SIX HUNDRED ONE OF THIS TITLE AND SUBDIVI
 SION TWO OF SECTION FIVE HUNDRED NINETY-NINE OF THIS TITLE.
 (D)  FOR  THE PURPOSES OF THIS SUBDIVISION THE TERM "AVERAGE UNEMPLOY
 MENT RATE OF THE CLAIMANT'S COUNTY OF RESIDENCE" MEANS:

 (I) FOR CLAIMANTS RESIDING OUTSIDE THE CITY OF NEW YORK,  THE  AVERAGE
 UNEMPLOYMENT  RATE  OF  THE  COUNTY IN WHICH THE CLAIMANT CLAIMS PRIMARY
 RESIDENCE FOR THE MOST RECENT THREE MONTHS PRECEDING  THE  FILING  OF  A
 VALID  ORIGINAL  CLAIM  AS  CALCULATED  BY  THE  DEPARTMENT, DIVISION OF
 RESEARCH AND STATISTICS.
 (II) FOR CLAIMANTS RESIDING IN THE CITY OF NEW YORK,  THE  GREATER  OF
 SUBPARAGRAPH  (I) OF THIS PARAGRAPH AND THE AVERAGE UNEMPLOYMENT RATE OF
 THE CITY OF NEW YORK FOR THE MOST  RECENT  THREE  MONTHS  PRECEDING  THE
 FILING  OF A VALID ORIGINAL CLAIM AS CALCULATED BY THE DEPARTMENT, DIVI
 SION OF RESEARCH AND STATISTICS.
 

S 2. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD14999-01-2

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