Provides that spouses who voluntarily separate from employment to accompany a spouse who is the subject of a military transfer shall be eligible for unemployment benefits.
Ayes (58): Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Farley, Felder, Flanagan, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Squadron, Stavisky, Stewart-Cousins, Tkaczyk, Valesky, Young, Zeldin
Excused (3): Espaillat, Hassell-Thomps, Smith
BILL NUMBER:S6629 REVISED 6/10/14
TITLE OF BILL: An act to amend the labor law, in relation to the eligibility for unemployment benefits for individuals who voluntarily separate from employment to accompany a spouse who is the subject of a military transfer
PURPOSES: The purpose of this bill is to permit an individual who quits work to accompany the individual's spouse on a military transfer to be eligible for unemployment compensation benefits.
SUMMARY OF PROVISIONS: An individual's spouse being a member of the United States armed services, the subject of a military transfer, and the individual having left employment to accompany the spouse are added to the list of non-disqualifying reasons for separation from employment. Individuals who fall under these circumstances are therefore eligible for unemployment compensation benefits.
If the individual was previously employed by a contributory employer, the benefits are not charged to the employer and are paid from the mutualized account in the Unemployment Compensation Fund. This account is a separate account in the fund the primary use of which is to pay benefits when an employer's account cannot be charged for those benefits. If the employer was a reimbursing employer, the employer pays the benefits by reimbursing the fund.
JUSTIFICATION: The Unemployment Compensation Law includes certain conditions that an individual must meet and certain procedures the individual must follow in order to qualify for unemployment compensation benefits. It also specifies disqualifying factors for those who lose jobs and, in such cases, procedures under which an individual may remove the disqualification. Qualification is generally easy when a valid application is submitted, a proper claim made for benefits, registration made at an employment office, and the individual can and actively seeks employment.
An application for benefits is valid if the filing individual is unemployed, has separated from employment for a non-disqualifying reason, was employed by an employer or employers who are subject to the Unemployment Compensation Law for at least 20 weeks within the calendar year preceding the first day of the individual's alternate base period, and has earned an average weekly wage of less than 27.5% of the statewide average weekly wage for that 20-week minimum period.
Unemployment compensation is funded through a federal-state partnership. Federal law requires each state to establish its own unemployment compensation fund for purposes of paying unemployment benefits so that employers receive a tax credit under the Unemployment Tax Act.
States can determine how much to pay in unemployment benefits, meaning that state system must pay whatever the state establishes, and no more. In the event of a depletion of the state's fund, a governor may apply to the U.S Secretary of Labor to get a three-month advance for the payment of unemployment benefits if the state can't pay its benefits. Having received federal advance money makes a state more restricted in the changes it can make to its unemployment compensation
system. The state is then unable to take action which will reduce either its unemployment tax effort or decrease the solvency of its unemployment compensation system. However, despite these restrictions, the US Department of Labor has stated that similar bills did not interfere with the requirements of the federal Unemployment Compensation Law.
LEGISLATIVE HISTORY: New Bill.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 6629 IN SENATE February 19, 2014 ___________Introduced by Sen. BALL -- 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 eligibility for unem- ployment benefits for individuals who voluntarily separate from employment to accompany a spouse who is the subject of a military transfer THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (b) of subdivision 1 of section 593 of the labor law is amended by adding a new subparagraph (iv) to read as follows: (IV) WHERE THE SPOUSE OF THE INDIVIDUAL IS A MEMBER OF THE ARMED FORC- ES OF THE UNITED STATES, THE NEED FOR THE INDIVIDUAL TO ACCOMPANY SUCH INDIVIDUAL'S SPOUSE (A) TO A PLACE FROM WHICH IT IS IMPRACTICAL FOR SUCH INDIVIDUAL TO COMMUTE AND (B) DUE TO A CHANGE IN LOCATION AS A RESULT OF A MILITARY TRANSFER OF THE SPOUSE. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13582-01-4