STATE OF NEW YORK ________________________________________________________________________ 7911 2023-2024 Regular Sessions IN ASSEMBLY August 4, 2023 ___________ Introduced by M. of A. SIMON -- read once and referred to the Committee on Labor AN ACT to amend the labor law, in relation to the unemployment insurance law, increasing the maximum benefit rate for unemployment insurance The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (a) of subdivision 1 of section 518 of the labor 2 law, as amended by section 1 of part O of chapter 57 of the laws of 3 2013, is amended to read as follows: 4 (a) "Wages" means all remuneration paid, except that such term does 5 not include remuneration paid to an employee by an employer after eight 6 thousand five hundred dollars have been paid to such employee by such 7 employer with respect to employment during any calendar year, except 8 that such term does not include remuneration paid to an employee by an 9 employer with respect to employment during any calendar year beginning 10 with the first day of 11 that exceeds 12 January 2014 $10,300 13 January 2015 $10,500 14 January 2016 $10,700 15 January 2017 $10,900 16 January 2018 $11,100 17 January 2019 $11,400 18 January 2020 $11,600 19 January 2021 $11,800 20 January 2022 [$12,000] $12,500 21 January 2023 [$12,300 22 January 2024 $12,500 23 January 2025 $12,800 24 January 2026 $13,000 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09793-01-3
A. 7911 2 1 and each year thereafter on the first day of January that exceeds 2 sixteen percent of the state's average annual wage as determined by the 3 commissioner on an annual basis pursuant to section five hundred twen- 4 ty-nine of this article; provided, however, that in calculating such 5 maximum amount of remuneration, the amount arrived at by multiplying the 6 state's average annual wage times sixteen percent shall be rounded up to 7 the nearest hundred dollars. In no event shall the state's annual aver- 8 age wage be reduced from the amount determined in the previous year] 9 $13,500 10 In each succeeding calendar year, the department shall calculate the 11 base amount of remuneration necessary from which to produce sufficient 12 premium to provide for the annual increases in maximum weekly benefit 13 provided for in this article, and other funding for the unemployment 14 insurance trust fund pursuant to section five hundred fifty of this 15 article, as may be necessary. The term "employment" includes for the 16 purposes of this subdivision services constituting employment under any 17 unemployment compensation law of another state or the United States. 18 § 2. Paragraph (a) of subdivision 5 of section 590 of the labor law, 19 as amended by section 8 of part O of chapter 57 of the laws of 2013, is 20 amended to read as follows: 21 (a) A claimant's weekly benefit amount shall be one twenty-sixth of 22 the remuneration paid during the highest calendar quarter of the base 23 period by employers, liable for contributions or payments in lieu of 24 contributions under this article, provided the claimant has remuneration 25 paid in all four calendar quarters during his or her base period or 26 alternate base period. However, for any claimant who has remuneration 27 paid in all four calendar quarters during his or her base period or 28 alternate base period and whose high calendar quarter remuneration 29 during the base period is three thousand five hundred seventy-five 30 dollars or less, the benefit amount shall be one twenty-fifth of the 31 remuneration paid during the highest calendar quarter of the base period 32 by employers liable for contributions or payments in lieu of contrib- 33 utions under this article. A claimant's weekly benefit shall be one 34 twenty-sixth of the average remuneration paid in the two highest quar- 35 ters paid during the base period or alternate base period by employers 36 liable for contributions or payments in lieu of contributions under this 37 article when the claimant has remuneration paid in two or three calendar 38 quarters provided however, that a claimant whose high calendar quarter 39 is four thousand dollars or less but greater than three thousand five 40 hundred seventy-five dollars shall have a weekly benefit amount of one 41 twenty-sixth of such high calendar quarter. However, for any claimant 42 who has remuneration paid in two or three calendar quarters during his 43 or her base period or alternate base period and whose high calendar 44 quarter remuneration during the base period is three thousand five 45 hundred seventy-five dollars or less, the benefit amount shall be one 46 twenty-fifth of the remuneration paid during the highest calendar quar- 47 ter of the base period by employers liable for contributions or payments 48 in lieu of contributions under this article. Any claimant whose high 49 calendar quarter remuneration during the base period is more than three 50 thousand five hundred seventy-five dollars shall not have a weekly bene- 51 fit amount less than one hundred forty-three dollars. The weekly benefit 52 amount, so computed, that is not a multiple of one dollar shall be 53 [lowered to] the next multiple of one dollar. On the first Monday of 54 September, nineteen hundred ninety-eight the weekly benefit amount shall 55 not exceed three hundred sixty-five dollars nor be less than forty 56 dollars, until the first Monday of September, two thousand, at which
A. 7911 3 1 time the maximum benefit payable pursuant to this subdivision shall 2 equal one-half of the state average weekly wage for covered employment 3 as calculated by the department no sooner than July first, two thousand 4 and no later than August first, two thousand, rounded [down] to the 5 [lowest] next dollar. On and after the first Monday of October, two 6 thousand fourteen, the weekly benefit shall not be less than one hundred 7 dollars, nor shall it exceed four hundred twenty dollars until the first 8 Monday of October, two thousand fifteen when the maximum benefit amount 9 shall be four hundred twenty-five dollars, until the first Monday of 10 October, two thousand sixteen when the maximum benefit amount shall be 11 four hundred thirty dollars, until the first Monday of October, two 12 thousand seventeen when the maximum benefit amount shall be four hundred 13 thirty-five dollars, until the first Monday of October, two thousand 14 eighteen when the maximum benefit amount shall be four hundred fifty 15 dollars, until the first Monday of October, two thousand nineteen when 16 the maximum benefit amount shall be thirty-six percent of the average 17 weekly wage until the first Monday of October, two thousand twenty when 18 the maximum benefit amount shall be thirty-eight percent of the average 19 weekly wage, until the first Monday of October two thousand twenty-one 20 when the maximum benefit amount shall be [forty percent of the average 21 weekly wage] six hundred fifty dollars, until the first Monday of Octo- 22 ber, two thousand twenty-two when the maximum benefit amount shall [be 23 forty-two percent of the average weekly wage, until the first Monday of 24 October, two thousand twenty-three when the maximum benefit amount shall 25 be forty-four percent of the average weekly wage, until the first Monday 26 of October, two thousand twenty-four when the maximum benefit amount 27 shall be forty-six percent of the average weekly wage, until the first 28 Monday of October, two thousand twenty-five when the maximum benefit 29 amount shall be forty-eight percent of the average weekly wage, until 30 the first Monday of October, two thousand twenty-six and each year ther- 31 eafter on the first Monday of October when the maximum benefit amount 32 shall be fifty percent of the average weekly wage provided, however, 33 that in no event shall the maximum benefit amount be reduced from the 34 previous year] equal one-half of the state average weekly wage as calcu- 35 lated by the department no sooner than July first, two thousand twenty- 36 four and not later than August first, two thousand twenty-four and on 37 July first of each succeeding year the maximum benefit shall equal one- 38 half of the state average weekly wage as calculated by the department 39 annually pursuant to the manner described in this subdivision. For 40 purposes of this subdivision, the term "state average weekly wage" shall 41 mean the average weekly wage of the state for the previous calendar year 42 as reported by the commissioner to the superintendent of financial 43 services on March thirty-first. 44 § 3. This act shall take effect immediately and shall apply to all 45 claims filed on and after the effective date of this act; provided, 46 however, that section one of this act shall take effect on the thirtieth 47 day after it shall have become a law.