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Title 2 Definitions

Section 510
Application of definitions
Section 511
Employment
Section 512
Employer
Section 513
Fund
Section 514
Benefit
Section 515
Claimant
Section 516
Paid
Section 517
Remuneration
Section 518
Wages
Section 519
Week
Section 520
Base period
Section 521
Benefit year
Section 522
Total unemployment
Section 523
Effective day
Section 524
Week of employment
Section 527
Valid original claim
Section 528
Transitional provisions
Section 529
Average annual wage; average weekly wage

Sec. 510. Application of definitions.

Whenever used in this article, the terms defined in this title have the respective meanings set forth herein except where the context shows otherwise.

Sec. 511. Employment.

1. General definition. "Employment" means (a) any service under any contract of employment for hire, express or implied, written, or oral and (b) any service by a person for an employer

(1) as an agent-driver or commission-driver engaged in distributing meat, vegetable, fruit, or bakery products; beverages other than milk; or laundry or dry-cleaning services; or
(1-a) as a professional musician or a person otherwise engaged in the performing arts, and performing services as such for a television or radio station or network, a film production, a theatre, hotel, restaurant, night club or similar establishment unless, by written contract, such musician or person is stipulated to be an employee of another employer covered by this chapter. "Engaged in the performing arts" shall mean performing services in connection with the production of or performance in any artistic endeavor which requires artistic or technical skill or expertise; or 

(1-b) as an employee in the construction industry unless the presumption of employment can be overcome, as provided under section eight hundred sixty-one-c of this chapter; or
(2) as a traveling or city salesman engaged on a full-time basis in soliciting orders for merchandise for resale or supplies for use in the purchaser`s business operations if the contract of service contemplates that substantially all of such services are to be performed personally by such person; such person does not have a substantial investment in facilities used in connection with the performance of such services, excepting facilities for transportation; and the services are not in the nature of a single transaction which is not part of a continuing relationship with the employer.
(3) as a professional model, where:

(i) the professional model performs modeling services for; or
(ii) consents in writing to the transfer of his or her exclusive legal right to the use of his or her name, portrait, picture or image, for advertising purposes or for the purposes of trade, directly to a retail store, a manufacturer, an advertising agency, a photographer, a publishing company or any other such person or entity, which dictates such professional model`s assignments, hours of work or performance locations and which compensates such professional model in return for a waiver of his or her privacy rights enumerated above, unless such services are performed pursuant to a written contract wherein it is stated that the professional model is the employee of another employer covered by this chapter. For purposes of this subparagraph, the term "professional model" means a person who, in the course of his or her trade, occupation or profession, performs modeling services.

Subd. 1 as amended by L. 1971, Ch. 607 effective January 1, 1972. Further amended to add subparagraph (1-a) by L. 1986, Ch. 903 effective October 4, 1986. Further amended to add subparagraph (1-b) by L. 2010, Ch 418 effective October 26, 2010. Subparagraph 3 as added by L. 1992, Ch. 668 effective August 30, 1992.

2. Work localized in state. The term "employment" includes a person`s entire service performed within or both within and without this state if the service is localized in this state. Service is deemed localized within the state if it is performed entirely within the state or is performed both within and without the state but that performed without the state is incidental to the person`s service within the state, for example, is temporary or transitory in nature or consists of isolated transactions.

3. Work within and without the state. The term "employment" includes a person`s entire service performed both within and without this state provided it is not localized in any state but some of the service is performed in this state, and (a) the person`s base of operations is in this state; or (b) if there is no base of operations in any state in which some part of the service is performed, the place from which such service is directed or controlled is in this state; or (c) if the base of operations or place from which such service is directed or controlled is not in any state in which some part of the service is performed, the person`sresidence is in this state.

The term "employment" shall not include services performed without this state in any calendar year during which no service was performed within this state if contributions with respect to such services are required under the unemployment compensation law of any other state or of the federal government.

Subd. 3 as amended by L. 1958, Ch. 268 effective March 20, 1958.

4. Other included work. The term "employment" shall include (a) Service, wherever performed within the United States, the Virgin Islands, or Canada, if

(1) contributions are not required with respect to such service under an unemployment compensation law of any other state, the Virgin Islands, or Canada, and
(2) the place from which such service is directed or controlled is in this state;

(b) Service performed within this state not otherwise within the purview of the foregoing provisions of this section if contributions are not required with respect to such service under corresponding provisions of an unemployment compensation law of any other state.

Subd. 4 as amended by L. 1971, Ch. 607 effective January 1, 1972.

5. Work without the state or in a foreign country. (a) Service performed entirely without the state, with respect to no part of which contributions are required under an unemployment compensation law of any other state or of the federal government, is employment if an election with respect to the person`s service has been made and approved pursuant to the provisions of section five hundred sixty-one of this article.

(b) The term "employment" includes service by a citizen of the United States performed for an American employer outside the United States, except Canada or the Virgin Islands, provided contributions are not required with respect to such service under an unemployment insurance law of any other state pursuant to criteria which correspond to those of subdivisions two and three of this section, if

(1) the employer`s principal place of business in the United States is in this state, or
(2) the employer has no place of business in the United States but is

(i) an individual person who is a resident of this state, or
(ii) a corporation which is organized under the laws of this state, or
(iii) a partnership or a trust and the number of partners or trustees who are residents of this state is greater than the number who are residents of any one other state, or

(3) none of the criteria of subparagraphs (1) and (2) are met but the employer has elected coverage of the service in this state or, the employer having failed to elect such coverage in any state, the individual performing the service has filed a claim for benefits under this article on the basis of such service.

(c) For purposes of this subdivision, "American employer" means

(1) an individual who is a resident of the United States; or
(2) a partnership if two-thirds or more of the partners are residents of the United States; or
(3) a trust if all of the trustees are residents of the United States; or
(4) a corporation organized under the laws of the United States or any state.

Subd. 5 as amended by L. 1971, Ch. 607 effective January 1, 1972.

6. Agricultural labor. (a) The term "employment" does not include agricultural labor unless it is covered pursuant to section five hundred sixty-four. The term "agricultural labor" includes all service performed:

(1) on a farm, in the employ of any person, in connection with cultivating the soil, or in connection with raising or harvesting any agricultural or horticultural commodity, including the raising, shearing, feeding, caring for, training, and management of livestock, bees, poultry, and fur-bearing animals, and wildlife;
(2) in the employ of the owner or tenant or other operator of a farm, in connection with the operation, management, conservation, improvement, or maintenance of such farm and its tools and equipment, or in salvaging timber or clearing land of brush and other debris left by a hurricane, if the major part of such service is performed on a farm;
(3) in handling, planting, drying, packing, packaging, processing, freezing, grading, storing, or delivering to storage or to market or to a carrier for transportation to market, any agricultural or horticultural commodity; but only if such service is performed in the employ of an operator of a farm

(i) as an incident to farming operations or,
(ii) in the case of fruits and vegetables, as an incident to the preparation of such fruits or vegetables for market. The provisions of this paragraph shall not apply to service performed in connection with commercial canning or commercial freezing or in connection with any agricultural or horticultural commodity after its delivery to a terminal market for distribution for consumption.

Subparagraph (a) as amended by L. 1977, Ch. 675 effective January 1, 1978. Subparagraph (4) as amended by L. 1966, Ch. 196 effective January 1, 1967 and renumbered to be Subparagraph (3) by L. 1971, Ch. 607 effective January 1, 1972. Original Subparagraph (3) repealed by L. 1971, Ch. 607 effective January 1, 1972.

Note: The provisions repealed under this section ("Agricultural Labor") had excluded certain services from covered employment. Effective January 1, 1972, coverage was extended to those workers engaged off farm in producing mushrooms and maple syrup, hatching poultry and in connection with the operations of ditches, canals, etc., for farming purposes.

(b) As used in this subdivision, the term "farm" includes stock, dairy, poultry, fur-bearing animal, fruit, and truck farms, plantations, nurseries, greenhouses or other similar structures, used primarily for the raising of agricultural or horticultural commodities, and orchards.

7. Spouse or child. The term "employment" does not include service for an employer by his spouse or child under the age of twenty-one.

Subd. 7 as amended by L. 1974, Ch. 939 effective September 1, 1974

8. Golf caddy. The term "employment" does not include service as a golf caddy.

9. Day student. The term "employment" does not include service during all or any part of the school year or regular vacation periods as a part-time worker of any person actually in regular attendance during the day time as a student in an elementary or secondary school.

Subd. 9 as amended by L. 1969, Ch. 1091 effective July 1, 1969

10. Employment under the federal railroad unemployment insurance act. The term "employment" does not include employment subject to the federal railroad unemployment insurance act.

11. Maritime services under reciprocal agreements. The term "employment" includes a person`s entire service, if such service is deemed performed in this state by virtue of reciprocal agreements pursuant to the provisions of paragraph (c) of subdivision two of section five hundred thirty-six of this article and does not include any service which by virtue of such agreements is deemed performed in another state.

12. Baby sitter. The term "employment" does not include service as a baby sitter at the home of the employer by a minor.

Subd. 12 as amended by L. 1974, Ch. 939 effective September 1, 1974

13. Persons under the age of twenty-one engaged in casual labor. The term "employment" does not include services of a person under the age of twenty-one engaged in casual labor consisting of yard work and household chores in and about a residence or the premises of a non-profit, non-commercial organization, not involving the use of power-driven machinery.

Subd. 13 as added by L. 1974 Ch. 939 effective September 1, 1974

14. The term "employment" does not include service by a child under the age of fourteen years.

Subd. 14 as added by L. 1963 Ch. 799 effective July 1, 1963

15. Students and students` spouses at educational institutions. The term "employment" does not include services rendered for an educational institution by a person who is enrolled and is in regular attendance as a student in such an institution, or the spouse of such student employed by that institution if such spouse is advised at the beginning of such services that the employment is provided under a program of financial assistance to such student and will not be covered under this article. For the purposes of this article, the term "employment" shall include services rendered for a health care facility, including academic medical centers, by fellow, resident and intern physicians.

Subd. 15 as added by L. 1971 Ch. 1027 effective January 1, 1972. Amended by L.2002, Ch. 576, signed into law September 24, 2002, and effective on the ninetieth day after it became a law.

16. Non-applicability of exclusions. The exclusions described in subdivisions eight, nine, twelve, thirteen and fourteen of this section shall not apply to services performed for a nonprofit organization as defined in section five hundred sixty-three or for a governmental entity as defined in section five hundred sixty-five or for an Indian tribe as defined in section five hundred sixty-six of this article.

Subd. 16 as added by L. 1971 Ch. 1027 effective January 1, 1972. Amended by L. 1977 Ch. 675 effective January 1, 1978. Further amended by L. 2002, Ch. 102, effective June 28, 2002, and in full force and effect on and after December 21, 2000.

17. Certain college students. The term "employment" does not include service performed by an individual, regardless of age, who is enrolled at a nonprofit or public educational institution which normally maintains a regular faculty and curriculum and normally has a regularly organized body of students in attendance at the place where its educational activities are carried on as a student in a full-time program taken for credit at such institution, which combines academic instruction with work experience, if such service is an integral part of such program, and such institution has so certified to the employer, except that this subdivision shall not apply to service performed in a program established for or on behalf of an employer or group of employers.

Subd. 17 as added by L. 1972 Ch. 967 effective September 1, 1972. Amended by L. 1994 Ch. 375 effective November 17, 1994.

18. Freelance shorthand reporter. The term "employment" does not include the services of a freelance shorthand reporter rendered pursuant to any agreement, contract, or mutual understanding, either written or oral, with another freelance shorthand reporter or a freelance shorthand reporting service. For the purposes of this subdivision, a freelance shorthand reporter is a person who records verbatim any oral statement or series of oral statements made over a definite period of time by a written system of shorthand and whose sole compensation for making such a record is an agreed upon fee per page of record produced. Additional payment of a set dollar charge as a minimum fee or attendance fee shall not affect the above definition of a freelance shorthand reporter. For the purposes of this subdivision, a freelance shorthand reporting service means any business which provides freelance shorthand reporters through subcontracts or by any other means.

Subd. 18 as added by L. 1978 Ch. 600 effective July 24, 1978.

19. Qualified real estate agent. The term "employment" shall not include the services of a licensed real estate broker or sales associate if it be proven that (a) substantially all of the remuneration (whether or not paid in cash) for the services performed by such broker or sales associate is directly related to sales or other output (including the performance of services) rather than to the number of hours worked; (b) the services performed by the broker or sales associate are performed pursuant to a written contract executed between such broker or sales associate and the person for whom the services are performed within the past twelve to fifteen months; and (c) the written contract provided for in paragraph (b) herein was not executed under duress and contains the following provisions:

(i) that the broker or sales associate is engaged as an independent contractor associated with the person for whom services are performed pursuant to article twelve-A of the real property law and shall be treated as such for all purposes, including but not limited to federal and state taxation, withholding, unemployment insurance and workers` compensation;
(ii) that the broker or sales associate (A) shall be paid a commission on his or her gross sales, if any, without deduction for taxes, which commission shall be directly related to sales or other output; (B) shall not receive any remuneration related to the number of hours worked; and (C) shall not be treated as an employee with respect to such services for federal and state tax purposes;
(iii) that the broker or sales associate shall be permitted to work any hours he or she chooses;
(iv) that the broker or sales associate shall be permitted to work out of his or her own home or the office of the person for whom services are performed;
(v) that the broker or sales associate shall be free to engage in outside employment;
(vi) that the person for whom the services are performed may provide office facilities and supplies for the use of the broker or sales associate, but the broker or sales associate shall otherwise bear his or her own expenses, including but not limited to automobile, travel, and entertainment expenses;
(vii) that the person for whom the services are performed and the broker or sales associate shall comply with the requirements of article twelve-A of the real property law and the regulations pertaining thereto, but such compliance shall not affect the broker or sales associate`s status as an independent contractor nor should it be construed as an indication that the broker or sales associate is an employee of the person for whom the services are performed for any purpose whatsoever;
(viii) that the contract and the association created thereby may be terminated by either party thereto at any time upon notice given to the other.

Subd. 19 as added by L. 1986 Ch. 903 effective October 4, 1986.

20. The term "employment" shall not include services performed by a full-time student in the employ of an organized camp:

(a) if such camp:

(1) did not operate for more than seven months in the calendar year and did not operate for more than seven months in the preceding calendar year; or
(2) had average gross receipts for any six months in the preceding calendar year which were not more than thirty-three and one-third percent of its average gross receipts for the other six months in the preceding calendar year; and

(b) if such full-time student performs services in the employ of such camp for less than thirteen calendar weeks in any such year.

20-a. Full-time student. (a) For purposes of subdivision twenty of this section, an individual shall be treated as a full-time student for any period:

(1) during which the individual is enrolled as a full-time student at an educational institution; or
(2) which is between academic years or terms if:

(i) the individual was enrolled as a full-time student at an educational institution for the immediately preceding academic year or term; and
(ii) there is a reasonable assurance that the individual will be so enrolled for the immediately succeeding academic year or term after the period described in clause (i) of this subparagraph.

(b) For purposes of this subdivision, the term educational institution shall mean any educational institution of secondary, higher educational, professional or vocational educational training, as those terms are defined in the education law.

20-b. Camp. For purposes of subdivision twenty of this section, the term camp shall mean "children's overnight camp" as that term is defined in subdivision one of section thirteen hundred ninety-two of the public health law, and any "summer day camp" as that term is defined in subdivision two of section thirteen hundred ninety-two of the public health law, and any "traveling summer day camp" as that term is defined in subdivision three of section thirteen hundred ninety-two of the public health law.

Subd. 20 as added by L. 1996 Ch. 464 effective August 8, 1996.  Subd. 20-b amended by L. 2001, Ch. 350, effective September 19, 2001.

21. Qualified insurance agent or broker. The term "employment" shall not include the services of a licensed insurance agent or broker if it be proven that (a) substantially all of the remuneration (whether or not paid in cash) for the services performed by such agent or broker is directly related to sales or other output (including the performance of services) rather than to the number of hours worked; (b) such agent is not a life insurance agent receiving a training allowance subsidy described in paragraph three of subsection (e) of section four thousand two hundred twenty-eight of the insurance law; (c) the services performed by the agent or broker are performed pursuant to a written contract executed between such agent or broker and the person for whom the services are performed; and (d) the written contract provided for in paragraph (c) of this subdivision was not executed under duress and contains the following provisions:

(i) that the agent or broker is engaged as an independent contractor associated with the person for whom services are performed pursuant to article twenty-one of the insurance law and shall be treated as such for all purposes, including but not limited to federal and state taxation, withholding (other than federal insurance contributions act (FICA) taxes required for full time life insurance agents pursuant to section 3121(d)(3) of the federal internal revenue code), unemployment insurance and workers' compensation;

(ii) that the agent or broker (A) shall be paid a commission on his or her gross sales, if any, without deduction for taxes (other than federal insurance contributions act (FICA) taxes required for full time life insurance agents pursuant to section 3121(d)(3) of the federal internal revenue code), which commission shall be directly related to sales or other output; (B) shall not receive any remuneration related to the number of hours worked; and (C) shall not be treated as an employee with respect to such services for federal and state tax purposes (other than federal insurance contributions act (FICA) taxes required for full time life insurance agents pursuant to section 3121(d)(3) of the federal internal revenue code);

(iii) that the agent or broker shall be permitted to work any hours he or she chooses;

(iv) that the agent or broker shall be permitted to work out of his or her own office or home or the office of the person for whom services are performed;

(v) that the person for whom the services are performed may provide office facilities, clerical support, and supplies for the use of the agent or broker, but the agent or broker shall otherwise bear his or her own expenses, including but not limited to automobile, travel, and entertainment expenses;

(vi) that the person for whom the services are performed and the agent or broker shall comply with the requirements of article twenty-one of the insurance law and the regulations pertaining thereto, but such compliance shall not affect the agent's or broker's status as an independent contractor nor should it be construed as an indication that the agent or broker is an employee of the person for whom the services are performed for any purpose whatsoever;

(vii) that the contract and the association created thereby may be terminated by either party thereto at any time with notice given to the other.

Subd. 21 as added by L.2002, Ch. 574, signed into law September 24,2002,and effective on the sixtieth day after it became a law.

22. Recreational bowling.  The term “employment” shall not include recreational bowling, such as bowling in a league where an individual may occasionally win prize money.

Subd. 22 as added by L. 2004, Ch. 716, effective November 24, 2004.

Sec. 512. Employer.

1. "Employer" includes the state of New York and other governmental entities and any Indian tribe as defined in section five hundred sixty-six of this article and any person, partnership, firm, association, public or private, domestic or foreign corporation, the legal representatives of a deceased person, or the receiver, trustee, or successor of a person, partnership, firm, association, public or private, domestic or foreign corporation.

As renumbered by L. 1954 Ch 777 effective April 17, 1954. Formerly §513; former §512 repealed. Amended by L. 1977 Ch. 675 effective January 1, 1978. Further amended by L. 2002, Ch. 102, effective June 28, 2002, and in full force and effect on and after December 21, 2000.

2. For purposes of this article, the term "employer" includes the non-profit organization or governmental entity designated as liable for contributions under this article for all services performed by individuals who are enrolled participants in a summer youth employment program conducted and funded pursuant to title II, part B of the Federal Job Training Partnership Act.* The designation shall be made in writing by the administrative entity for the service delivery area established pursuant to said federal act in which the summer youth employment program is operated, and shall become effective upon filing with the commissioner.

* 29 U.S.C.A. §1631 et seq.

Subd. 2 as added by L. 1986 Ch. 445 effective July 21, 1986

3. For the purpose of complying with the requirements of the federal personal responsibility and work opportunity reconciliation act, public law 104-193, the term "labor organizations" shall have the meaning given such term in section two (5) of the national labor relations act, and includes any entity (also known as a "hiring hall") which is used by the organization and any employer to carry out requirements of an agreement between the organization and the employer described in section eight (f)(3) of such act. Such "labor organizations" shall be considered employers for the purpose of submitting information to the "statewide wage reporting system" as provided in section one hundred seventy-one-a of the tax law.

Subd. 3 as added by L. 1997, Ch. 398 effective October 1, 1997

Sec. 513. Fund.

"Fund" means the unemployment insurance fund.

§ 513 as renumbered by L. 1954, Ch. 777 effective April 17, 1954. Formerly § 514

Sec. 514. Benefit.

"Benefit" means an amount payable to a claimant for unemployment.

§ 514 as renumbered by L. 1954, Ch. 777 effective April 17, 1954. Formerly §515

Sec. 515. Claimant.

"Claimant" means any person seeking benefits for unemployment.

§ 515 as renumbered by L. 1954, Ch. 777 effective April 17, 1954. Formerly §516

Sec. 516. Paid.

The term "wages paid" or "remuneration paid" shall, for the purposes of this article, be deemed paid on the date such payments are made.

§516 as renumbered by L. 1954, Ch. 777 effective April 17, 1954; formerly §525.
Amended by L. 1998 , Ch. 589, effective April 1, 1999.

Sec. 517. Remuneration.

1. Inclusions. "Remuneration" means every form of compensation for employment paid by an employer to his employee; whether paid directly or indirectly by the employer, including salaries, commissions, bonuses, and the reasonable money value of board, rent, housing, lodging, or similar advantage received. Where gratuities are received by the employee in the course of his employment from a person other than his employer, the value of such gratuities shall be determined by the commissioner and be deemed and included as part of his remuneration paid by his employer.

2. Exclusions. Remuneration does not include:

(a) The amount of any payment made to, or on behalf of, any employee or any of his dependents under a plan or system established by an employer which makes provision for his employees generally, or for such employees and their dependents, or for a class or classes of his employees, or for a class or classes of such employees and their dependents, including any amount paid by an employer for insurance or annuities, or into a fund, to provide for any such payment, on account of retirement, or sickness or accident disability, or medical or hospitalization expenses in connection with sickness or accident disability, or death.
(b) Payment by an employer without deduction from the remuneration of the employee of the tax imposed upon an employee under the federal insurance contributions act.
(c) Any payment made to an employee, including any amount paid by an employer for insurance or annuities, or into a fund, to provide for any such payment, on account of retirement.
(d) Any payment on account of sickness or accident disability, or medical or hospitalization expenses in connection with sickness or accident disability, made by an employer to, or on behalf of, an employee after the expiration of six calendar months following the last calendar month in which the employee worked for such employer.
(e) Any payment made to, or on behalf of, an employee or his beneficiary from or to a trust described in section four hundred one (a) of the federal internal revenue code which is exempt from tax under section five hundred one (a) of such code at the time of such payment unless such payment is made to an employee of the trust as remuneration for services rendered as such employee and not as a beneficiary of the trust, or under or to an annuity plan which, at the time of such payment, meets the requirements of section four hundred one (a) (3), (4), (5), and (6) of such code.
(f) Compensation paid in any medium other than cash to an employee for service not in the course of the employer`s trade or business.
(g) Any payment, other than vacation or sick pay, made to an employee after the month in which he attains the age of sixty-five, if he did not work for the employer in the period for which such payment is made.
(h) Dismissal payments.
(i) Any payment made by an employer who is not liable for contributions under this article or for payments in lieu of contributions.

Subd. 2 paragraphs d–i renumbered and former paragraph d repealed by L. 1972, Ch. 212, effective January 1, 1972.

Sec. 518. Wages.

1. Limitation. (a) "Wages" means all remuneration paid, except that such term does not include remuneration paid to an employee by an employer after eight thousand five hundred dollars have been paid to such employee by such employer with respect to employment during any calendar year, except that such term does not include remuneration paid to an employee by an employer with respect to employment during any calendar year beginning with the first day of

   that exceeds

January 2014

$10,300
January 2015 $10,500 
January 2016 $10,700 
January 2017 $10,900 
January 2018 $11,100 
January 2019 $11,400 
January 2020 $11,600 
January 2021 $11,800 
January 2022 $12,000 
January 2023 $12,300 
January 2024 $12,500 
January 2025 $12,800 
January 2026

$13,000

and each year thereafter on the first day of January that exceeds sixteen percent of the state's average annual wage as determined by the commissioner on an annual basis pursuant to section five hundred twenty-nine of this article; provided, however, that in calculating such maximum amount of remuneration, the amount arrived at by multiplying the state's average annual wage times sixteen percent shall be rounded up to the nearest hundred dollars.  In no event shall the state's annual average wage be reduced from the amount determined in the previous year.  The term "employment" includes for the purposes of this subdivision services constituting employment under any unemployment compensation law of another state or the United States.

(b) Subject to the same limitation the term "wages" includes also all compensation paid by an employer to persons in his employ with respect to which he is not liable for contributions under any other unemployment insurance law, even though such compensation is not remuneration as defined by section five hundred seventeen of this article, or the services of such persons are not in employment as defined by section five hundred eleven of this article, if the employer is liable for a tax on such compensation under the federal unemployment tax act.

Subd. 1 as amended by L. 1953, Ch. 718, effective July 1, 1953; L. 1971, Ch. 565, effective January 1, 1972;
L. 1977, Ch. 675, effective January 1, 1978, L. 1982, Ch. 918, effective January 1, 1983; L. 1998, Ch. 590, effective January 1, 1999 and further amended by L. 2013, Ch. 57, effective January 1, 2014.
 

2. Joint consideration. If an employer has acquired all or substantially all, or a segregable portion of the assets of another employer liable for contributions under this article, remuneration paid by both employers shall be deemed paid by a single employer for the purposes of this section.

Subd. 2 as amended by L. 1953, Ch. 720, effective May 4, 1953.

 

Sec. 519. Week.

A "week" means seven consecutive days beginning with Monday.

§519 as renumbered by L. 1954, Ch. 777, effective April 17, 1954; formerly §524. Former §519 repealed.

Sec. 520. Base period.

A claimant`s "base period" is one of the following:

For the purpose of subdivision one of section five hundred twenty-seven of this article, the term base period shall mean the first four of the last five completed calendar quarters ending with the week immediately preceding the filing of a valid original claim.

For the purpose of paragraph (a) of subdivision two of section five hundred twenty-seven of this article, the term base period shall mean the last four completed calendar quarters ending with the week immediately preceding the filing of a valid original claim.

§520 as amended by L. 1951, Ch. 645, effective June 4, 1951, and further amended by L. 1998 Ch., 589
effective April 1, 1999.

Sec. 521. Benefit year.

A claimant`s "benefit year" means the period of fifty-two consecutive weeks beginning with the first Monday after he files a valid original claim.

§521 as amended by L. 1951, Ch. 645, effective June 4, 1951.

Sec. 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.

§522 as amended by L. 1953, Ch. 720, effective May 4, 1953.

Sec. 523. Effective day.

"Effective day" means a full day of total unemployment provided such day falls within a week in which a claimant had four or more days of total unemployment and provided further that only those days of total unemployment in excess of three days within such week are deemed "effective days". No effective day is deemed to occur in a week in which the claimant has days of employment for which he is paid compensation exceeding the highest benefit rate which is applicable to any claimant in such week. A claimant who is employed on a shift continuing through midnight is deemed to have been employed on the day beginning before midnight with respect to such shift, except where night shift employees are regularly scheduled to start their work week at seven post meridian or thereafter on Sunday night, their regularly scheduled starting time on Sunday shall be considered as starting on Monday.

§523 as amended by L. 1975, Ch. 361, effective July 1, 1975; further amended by L. 1977, Ch. 675,
effective August 3, 1977.

Sec. 524. Week of employment.

For purposes of this article, "week of employment" shall mean a Monday through Sunday period during which a claimant was paid remuneration for employment for an employer or employers liable for contributions or for payments in lieu of contributions under this article.

§524 as amended by L. 1972, Ch. 212, effective January 1, 1972. Repealed by L. 1998, Ch. 589,
effective April 1, 1999. New §524 added by L. 2000, Ch. 5, effective April 17, 2000.

Sec. 527. Valid original claim.

1. Basic condition. "Valid original claim" is a claim filed by a claimant who meets the following qualifications: (a) is able to work, and available for work; (b) is not subject to any disqualification or suspension under this article; (c) his or her previously established benefit year, if any, has expired; (d) has been paid remuneration by employers liable for contributions or for payments in lieu of contributions under this article, other than employers from whom the claimant lost employment and for which the commissioner makes a determination disqualifying the claimant for misconduct pursuant to subdivisions three and six of section five hundred ninety-three of this article, for employment during at least two calendar quarters of the base period, with remuneration of one and one-half times the high calendar quarter remuneration within the base period and with at least two hundred twenty-one times the minimum wage established under subdivision one of section six hundred fifty-two of this chapter rounded down to the nearest one hundred dollars of such remuneration being paid during the high calendar quarter of such base period. For purposes of this section, the remuneration in the high calendar quarter of the base period used in determining a valid original claim shall not exceed an amount equal to twenty-two times the maximum benefit rate as set forth in subdivision five of section five hundred ninety of this article for all individuals.

Subd. 1 as amended by L. 1983, Ch. 415, effective September 5, 1983, and
L. 1998, Ch. 589, effective April 1, 1999; further amended by L. 2000, Ch. 5, effective April 17, 2000.  Subd. 1 further amended by L. 2003, Ch. 413, effective August 26, 2003 and by L. 2013, Ch 57, effective January 1, 2014.

2. Alternate condition. (a) An individual who is unable to file a valid original claim in accordance with subdivision one of this section, files a valid original claim by meeting the qualifications enumerated in paragraphs (a), (b), and (c) of subdivision one of this section and by having been paid remuneration by employers liable for contributions or for payments in lieu of contributions under this article, other than employers from whom the claimant lost employment and for which the commissioner makes a determination disqualifying the claimant for misconduct pursuant to subdivisions three and six of section five hundred ninety-three of this article, for employment during at least two calendar quarters of the base period, with remuneration of one and one-half times the high calendar quarter remuneration within the base period and with at least two hundred twenty-one times the minimum wage established under subdivision one of section six hundred fifty-two of this chapter rounded down to the nearest one hundred dollars of such remuneration being paid during the high calendar quarter of such base period. For purposes of this section, the remuneration in the high calendar quarter of the base period used in determining a valid original claim shall not exceed an amount equal to twenty-two times the maximum benefit rate as set forth in subdivision five of section five hundred ninety of this article for all individuals.

Paragraph (a) as amended by L. 2000, Ch. 5, effective April 17, 2000 and further amended by L. 2013, Ch. 57, effective January 1, 2014.

(b) An individual who is able to file a valid original claim in accordance with subdivision one of this section, may make an application to the commissioner to determine his or her entitlement to benefits and benefit rate pursuant to paragraph (a) of this subdivision under the following conditions:

The claimant must file such application within ten days of the date the monetary determination was mailed by the department.

In those circumstances where a wage data report in relation to the alternate condition is not due or has not been received, the claimant must provide proof of remuneration paid for such quarter to the commissioner's satisfaction in order for the claimant's application to be considered.

Under those circumstances where such application results in the claimant being able to file a valid original claim under the basic condition and the alternate condition, the claimant may select the condition to be utilized.

Subd. 2 as amended by L. 1983, Ch. 415, effective September 5, 1983, and further amended by
L. 1998, Ch. 589, effective April 1, 1999.

3. Disability. In the case of a claimant who did not file a valid original claim solely because the claimant was not paid sufficient remuneration and who received workers` compensation payments or any benefits paid pursuant to the volunteer firefighters` benefit law* during the base period specified in subdivision one of section five hundred twenty of this article, said period shall be extended. The term of the extension shall be equivalent to the number of calendar quarters during which the claimant received such payments, but shall not exceed two calendar quarters.

*As in original law. May actually refer to Volunteer Fireman's Benefit Law.

Subd. 3 added by L. 1984, Ch. 381, effective September 17, 1984, and amended by L. 1998,
Ch. 589, effective April 1, 1999.

4. General condition. A valid original claim may be filed only in a week in which the claimant has at least one effective day of unemployment.

Former Subd. 3 as added by L. 1958, Ch. 387, effective July 30, 1958. Renumbered to
Subd. 4 by L. 1984, Ch. 381 effective September 17, 1984.

5. Utilization of wage credits. Remuneration used to establish a valid original claim pursuant to subdivision one, two or three of this section, may not be considered for the purpose of establishing a subsequent valid original claim except as provided by section five hundred twenty-eight of this article.

6. Work Requirement. An individual who has filed a previous valid original claim pursuant to this section must have worked in employment and been paid remuneration for such work since the beginning of such previous claim in an amount equal to at least ten times the claimant's weekly benefit rate in order to be able to file a subsequent valid original claim.

Subd. 5 and Subd. 6 as added by L. 1998, Ch. 589, effective April 1, 1999. Subd. 6 amended by L. 2013, Ch. 57, effective January 1, 2014.

Sec. 528. Transitional Provisions.

Remuneration used to establish a valid original claim prior to the first day of April, nineteen hundred ninety-nine may be used to establish a subsequent valid original claim. Under such circumstances, the general account rather than the affected employer's account shall be charged for the portion of experience rating charges attributable to such remuneration.

§528 repealed by L. 1954, Ch. 223, effective May 3, 1954. New §528 added by L. 1998,
Ch. 589, effective April 1, 1999.

Sec. 529. Average annual wage; average weekly wage.

1. The "average annual wage" shall be the average annual wage of the state of New York for the previous calendar year as determined by the commissioner no later than the thirty-first day of May of each year.

2. The "average weekly wage" shall be the average weekly wage of the state of New York for the previous calendar year as determined by the commissioner no later than the thirty-first day of May of each year.

§529 as added by L. 2013, Ch. 57, effective March 29, 2013.

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