New York Labor Code § 601

Extended benefits
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§ 601. Extended benefits. 1. Definitions. For the purposes of this\nsection:\n  (a) (1) There shall be a "state 'on' indicator" for a week if, as\ndetermined by the commissioner in accordance with the regulations of the\nsecretary of labor of the United States, the rate of insured\nunemployment for the period consisting of such week and the preceding\ntwelve weeks\n  (i) equaled or exceeded five per centum and\n  (ii) equaled or exceeded one hundred and twenty per centum of the\naverage of such rates for the corresponding thirteen-week periods ending\nin each of the preceding two calendar years; or\n  (iii) for weeks of unemployment beginning on or after February first,\ntwo thousand nine until the week ending three weeks prior to the last\nweek for which one hundred percent federal sharing is authorized by\nsection 2005(a) of Public Law 111-5, or for weeks of unemployment ending\nthree weeks prior to the last week for which Congress, pursuant to any\nfuture amendment of the Federal State Extended Compensation Act of 1970,\nhas authorized one hundred percent federal sharing, which meet the\nfollowing:\n  (A) the average rate of total unemployment (seasonably adjusted), as\ndetermined by the United States secretary of labor, for the period\nconsisting of the most recent three months for which data for all states\nare published before the close of such week equals or exceeds six and\none-half percent, and\n  (B) the average rate of total unemployment in the state (seasonably\nadjusted), as determined by the United States secretary of labor, for\nthe three-month period referred to in item (A) of this clause, equals or\nexceeds one hundred ten percent of the average for either or both of the\ncorresponding three-month periods ending in the two preceding calendar\nyears; or\n  (iv) for any period of high unemployment which shall otherwise meet\nall of the provisions of clause (iii) of this subparagraph, except that\n"eight percent" is substituted for "six and one-half percent" in item\n(A) of clause (iii) of this subparagraph.\n  (2) There shall be a "state 'off' indicator" for a week only, if for\nthe period consisting of such week and the immediately preceding twelve\nweeks, none of the options specified in subparagraph one of this\nparagraph result in an "on" indicator. Notwithstanding any provision of\nthis article, there shall be a "state 'off' indicator" with respect to\nclauses (iii) and (iv) of subparagraph one of this paragraph for the\nweek ending three weeks prior to the last week for which one hundred\npercent federal sharing is authorized by section 2005(a) of Public Law\n111-5 or for the week ending three weeks prior to the last week for\nwhich Congress, pursuant to any future amendment of the Federal State\nExtended Compensation Act of 1970, has authorized one hundred percent\nfederal sharing.\n  (3) "Rate of insured unemployment" means for the purposes of this\nparagraph the percentage obtained upon dividing the average weekly\nnumber of persons filing claims for regular benefits in this state for\nunemployment with respect to the most recent thirteen consecutive week\nperiod, as determined by the commissioner on the basis of his or her\nreports to the secretary of labor of the United States, by the average\nmonthly employment subject to this article for the first four of the\nlast six calendar quarters ending before the end of such period.\nComputations required hereunder shall be made in accordance with\nregulations prescribed by the secretary of labor of the United States.\n  (4) "Rate of total unemployment" means, for the purposes of this\nparagraph, the average percentage obtained by dividing the total number\nof unemployed residents of the state for the most recent three\nconsecutive months, as determined by the United States Bureau of Labor\nStatistics, by the total civilian labor force of the state for the same\nthree-month period, also as determined by the United States Bureau of\nLabor Statistics. Computat

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