N.Y. Labor Law § 527: Valid original claim

§ 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.

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.

(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 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.

4. General condition. A valid original claim may be filed only in a

week that qualifies as an effective week of unemployment for the

claimant.

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.