State Codes and Statutes

Statutes > New-york > Lab > Article-18 > Title-2 > 527

§  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  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 under conditions  which  would  be  disqualifying  pursuant  to subdivision three 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 earnings within the base period  and  with at least one thousand six hundred dollars of such remuneration  being paid during the high calendar quarter of  such  base  period.  For  purposes  of  this section, the earnings 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.    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 under conditions which  are disqualifying pursuant to subdivision three 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 earnings within the base period  and  with at least one thousand six hundred dollars of such remuneration  being paid during the high calendar quarter of  such  base  period.  For  purposes  of  this section, the earnings 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.    (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:    (i) The claimant must file such application within  ten  days  of  the  date the monetary determination was mailed by the department.    (ii)  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.    (iii) 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.    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  hundredtwenty  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.    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.    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 five times the claimant's  weekly benefit rate in order to be  able  to  file  a  subsequent  valid  original claim.

State Codes and Statutes

Statutes > New-york > Lab > Article-18 > Title-2 > 527

§  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  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 under conditions  which  would  be  disqualifying  pursuant  to subdivision three 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 earnings within the base period  and  with at least one thousand six hundred dollars of such remuneration  being paid during the high calendar quarter of  such  base  period.  For  purposes  of  this section, the earnings 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.    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 under conditions which  are disqualifying pursuant to subdivision three 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 earnings within the base period  and  with at least one thousand six hundred dollars of such remuneration  being paid during the high calendar quarter of  such  base  period.  For  purposes  of  this section, the earnings 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.    (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:    (i) The claimant must file such application within  ten  days  of  the  date the monetary determination was mailed by the department.    (ii)  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.    (iii) 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.    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  hundredtwenty  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.    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.    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 five times the claimant's  weekly benefit rate in order to be  able  to  file  a  subsequent  valid  original claim.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Lab > Article-18 > Title-2 > 527

§  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  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 under conditions  which  would  be  disqualifying  pursuant  to subdivision three 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 earnings within the base period  and  with at least one thousand six hundred dollars of such remuneration  being paid during the high calendar quarter of  such  base  period.  For  purposes  of  this section, the earnings 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.    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 under conditions which  are disqualifying pursuant to subdivision three 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 earnings within the base period  and  with at least one thousand six hundred dollars of such remuneration  being paid during the high calendar quarter of  such  base  period.  For  purposes  of  this section, the earnings 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.    (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:    (i) The claimant must file such application within  ten  days  of  the  date the monetary determination was mailed by the department.    (ii)  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.    (iii) 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.    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  hundredtwenty  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.    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.    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 five times the claimant's  weekly benefit rate in order to be  able  to  file  a  subsequent  valid  original claim.

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