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STATE OF NEW YORK
________________________________________________________________________

79

2011-2012 Regular Sessions

IN ASSEMBLY

(PREFILED)

January 5, 2011
___________

Introduced  by M. of A. PAULIN, CAHILL, GALEF, LAVINE -- Multi-Sponsored
  by -- M. of A.  HOOPER, LIFTON, McENENY, J. RIVERA,  N. RIVERA,  SCAR-
  BOROUGH -- read once and referred to the Committee on Labor

AN  ACT  to  amend  the labor law, in relation to providing unemployment
  insurance benefits to certain part-time elected officials

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

  Section  1. Section 522 of the labor law, as amended by chapter 720 of
the laws of 1953, is amended to read as follows:
  S 522. Total unemployment. "Total unemployment" means the  total  lack
of  any  employment  on  any  day. The term "employment" as used in this
section means any employment including that not defined  in  this  title
BUT  SHALL  NOT  INCLUDE  SERVICE  AS  AN  ELECTED  COUNTY  OR MUNICIPAL
OFFICIAL.
  S 2. Subdivision 1 of section 591 of the  labor  law,  as  amended  by
chapter 413 of the laws of 2003, is amended to read as follows:
  1.  Unemployment. Benefits, except as provided in section five hundred
ninety-one-a of this title, shall be paid only  to  a  claimant  who  is
totally  unemployed  and  who  is  unable  to engage in his OR HER usual
employment or in any other for which he OR SHE is reasonably  fitted  by
training and experience. A claimant who is receiving benefits under this
article  shall  not be denied such benefits pursuant to this subdivision
or to subdivision two of this section because of such claimant's service
on a grand or petit jury of any state or of the United  States  OR  SUCH
CLAIMANT'S SERVICE AS AN ELECTED COUNTY OR MUNICIPAL OFFICIAL; PROVIDED,
HOWEVER  THAT  SUCH  CLAIMANT'S  PAY FOR SERVICE AS AN ELECTED COUNTY OR
MUNICIPAL OFFICIAL IS LESS THAN THE PRODUCT OF THE  MINIMUM  WAGE  TIMES
TWO  THOUSAND HOURS PER YEAR. SUCH CLAIMANT SERVING AS AN ELECTED COUNTY
OR MUNICIPAL OFFICIAL WHILE RECEIVING  UNEMPLOYMENT  INSURANCE  BENEFITS
SHALL ONLY RECEIVE THE AMOUNT OF THE DIFFERENCE BETWEEN THE WEEKLY BENE-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00878-01-1
A. 79                               2

FIT  AMOUNT  AND  THE AMOUNT OF WEEKLY EARNINGS FROM SUCH ELECTED PUBLIC
SERVICE.
  S  3.  Subdivision  1  of  section 591 of the labor law, as amended by
chapter 446 of the laws of 1981, is amended to read as follows:
  1. Unemployment. Benefits shall be paid only  to  a  claimant  who  is
totally  unemployed  and  who  is  unable  to engage in his OR HER usual
employment or in any other for which he OR SHE is reasonably  fitted  by
training and experience. A claimant who is receiving benefits under this
article  shall  not be denied such benefits pursuant to this subdivision
or to subdivision two of this section because of such claimant's service
on a grand or petit jury of any state or of the United  States  OR  SUCH
CLAIMANT'S SERVICE AS AN ELECTED COUNTY OR MUNICIPAL OFFICIAL; PROVIDED,
HOWEVER  THAT  SUCH  CLAIMANT'S  PAY FOR SERVICE AS AN ELECTED COUNTY OR
MUNICIPAL OFFICIAL IS LESS THAN THE PRODUCT OF THE  MINIMUM  WAGE  TIMES
TWO  THOUSAND HOURS PER YEAR. SUCH CLAIMANT SERVING AS AN ELECTED COUNTY
OR MUNICIPAL OFFICIAL WHILE RECEIVING  UNEMPLOYMENT  INSURANCE  BENEFITS
SHALL ONLY RECEIVE THE AMOUNT OF THE DIFFERENCE BETWEEN THE WEEKLY BENE-
FIT  AMOUNT  AND  THE AMOUNT OF WEEKLY EARNINGS FROM SUCH ELECTED PUBLIC
SERVICE.
  S 4. This act shall take effect immediately, provided,  however,  that
the  amendments to subdivision 1 of section 591 of the labor law made by
section two of this act shall be subject to the expiration and reversion
of such subdivision pursuant to section 10 of chapter 413 of the laws of
2003, as amended, when upon such date the provisions of section three of
this act shall take effect.