STATE OF NEW YORK ________________________________________________________________________ 3904 2025-2026 Regular Sessions IN ASSEMBLY January 30, 2025 ___________ 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. LBD06411-01-5
A. 3904 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] such claimant's 26 base period or alternate base period. However, for any claimant who has 27 remuneration paid in all four calendar quarters during [his or her] such 28 claimant's base period or alternate base period and whose high calendar 29 quarter remuneration during the base period is three thousand five 30 hundred seventy-five dollars or less, the benefit amount shall be one 31 twenty-fifth of the remuneration paid during the highest calendar quar- 32 ter of the base period by employers liable for contributions or payments 33 in lieu of contributions under this article. A claimant's weekly benefit 34 shall be one twenty-sixth of the average remuneration paid in the two 35 highest quarters paid during the base period or alternate base period by 36 employers liable for contributions or payments in lieu of contributions 37 under this article when the claimant has remuneration paid in two or 38 three calendar quarters provided however, that a claimant whose high 39 calendar quarter is four thousand dollars or less but greater than three 40 thousand five hundred seventy-five dollars shall have a weekly benefit 41 amount of one twenty-sixth of such high calendar quarter. However, for 42 any claimant who has remuneration paid in two or three calendar quarters 43 during [his or her] such claimant's base period or alternate base period 44 and whose high calendar quarter remuneration during the base period is 45 three thousand five hundred seventy-five dollars or less, the benefit 46 amount shall be one twenty-fifth of the remuneration paid during the 47 highest calendar quarter of the base period by employers liable for 48 contributions or payments in lieu of contributions under this article. 49 Any claimant whose high calendar quarter remuneration during the base 50 period is more than three thousand five hundred seventy-five dollars 51 shall not have a weekly benefit amount less than one hundred forty-three 52 dollars. The weekly benefit amount, so computed, that is not a multiple 53 of one dollar shall be [lowered to] the next multiple of one dollar. On 54 the first Monday of September, nineteen hundred ninety-eight the weekly 55 benefit amount shall not exceed three hundred sixty-five dollars nor be 56 less than forty dollars, until the first Monday of September, two thou-
A. 3904 3 1 sand, at which time the maximum benefit payable pursuant to this subdi- 2 vision shall equal one-half of the state average weekly wage for covered 3 employment as calculated by the department no sooner than July first, 4 two thousand and no later than August first, two thousand, rounded 5 [down] to the [lowest] next dollar. On and after the first Monday of 6 October, two thousand fourteen, the weekly benefit shall not be less 7 than one hundred dollars, nor shall it exceed four hundred twenty 8 dollars until the first Monday of October, two thousand fifteen when the 9 maximum benefit amount shall be four hundred twenty-five dollars, until 10 the first Monday of October, two thousand sixteen when the maximum bene- 11 fit amount shall be four hundred thirty dollars, until the first Monday 12 of October, two thousand seventeen when the maximum benefit amount shall 13 be four hundred thirty-five dollars, until the first Monday of October, 14 two thousand eighteen when the maximum benefit amount shall be four 15 hundred fifty dollars, until the first Monday of October, two thousand 16 nineteen when the maximum benefit amount shall be thirty-six percent of 17 the average weekly wage until the first Monday of October, two thousand 18 twenty when the maximum benefit amount shall be thirty-eight percent of 19 the average weekly wage, until the first Monday of October two thousand 20 twenty-one when the maximum benefit amount shall be [forty percent of 21 the average weekly wage] six hundred fifty dollars, until the first 22 Monday of October, two thousand twenty-two when the maximum benefit 23 amount shall [be forty-two percent of the average weekly wage, until the 24 first Monday of October, two thousand twenty-three when the maximum 25 benefit amount shall be forty-four percent of the average weekly wage, 26 until the first Monday of October, two thousand twenty-four when the 27 maximum benefit amount shall be forty-six percent of the average weekly 28 wage, until the first Monday of October, two thousand twenty-five when 29 the maximum benefit amount shall be forty-eight percent of the average 30 weekly wage, until the first Monday of October, two thousand twenty-six 31 and each year thereafter on the first Monday of October when the maximum 32 benefit amount shall be fifty percent of the average weekly wage 33 provided, however, that in no event shall the maximum benefit amount be 34 reduced from the previous year] equal one-half of the state average 35 weekly wage as calculated by the department no sooner than July first, 36 two thousand twenty-six and not later than August first, two thousand 37 twenty-six and on July first of each succeeding year the maximum benefit 38 shall equal one-half of the state average weekly wage as calculated by 39 the department annually pursuant to the manner described in this subdi- 40 vision. For purposes of this subdivision, the term "state average weekly 41 wage" shall mean the average weekly wage of the state for the previous 42 calendar year as reported by the commissioner to the superintendent of 43 financial 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.