N.Y. Labor Law § 536: Collaboration with other states, the United States, and foreign governments

§ 536. Collaboration with other states, the United States, and foreign

governments. 1. Cooperation. The commissioner may afford reasonable

cooperation with every agency of the United States charged with the

administration of any unemployment compensation law.

2. Agreements. (a) The commissioner is authorized to enter into

agreements with the appropriate agencies of other states or the United

States whereby rights to benefits accumulated under the unemployment

compensation laws of the several states or of the United States, or

both, may constitute the basis for the payment of benefits under terms

which the commissioner finds will be fair and reasonable as to all

affected interests and will not result in any substantial loss to the

fund.

(b) (1) The commissioner is authorized to enter into arrangements with

the appropriate agencies of other states or of the United States (i)

whereby remuneration or services, upon the basis of which an individual

may become entitled to unemployment benefits under the unemployment

compensation law of another state or of the United States shall be

deemed to be remuneration and weeks of employment for the purposes of

this article, provided such other agency has agreed to reimburse the

unemployment insurance fund for such portion of benefits paid under this

article upon the basis of such remuneration or services as the

commissioner finds will be fair and reasonable as to all affected

interests, and (ii) whereby the commissioner will reimburse such

agencies with such reasonable portion of unemployment benefits, paid

under the laws of any such other states or of the United States upon the

basis of employment or remuneration paid by employers for employment, as

the commissioner finds will be fair and reasonable as to all affected

interests. Reimbursements so payable shall be deemed benefits for the

purpose of this article. The commissioner is hereby authorized to make

reimbursements from the fund to such agencies and to receive from them

reimbursements to the fund, in accordance with arrangements pursuant to

this section.

(2) The commissioner shall participate in any arrangements for the

payment of benefits on the basis of combining a claimant's remuneration

and services covered under this article with those covered under the

laws of other states which are approved by the secretary of labor of the

United States as provided in the federal unemployment tax act. The terms

of any such arrangements shall be deemed to comply with the foregoing

provisions of this paragraph.

(c) The commissioner is authorized to enter into reciprocal agreements

with the appropriate agencies of other states in regard to services on

vessels engaged in interstate or foreign commerce whereby such services

for a single employer, wherever performed, shall be deemed performed

within this state or within any such other state.

(d) The commissioner is authorized to enter into reciprocal agreements

with appropriate agencies of other states or of the United States, under

terms which he finds will be fair and reasonable as to all affected

interests, (1) whereby employer contributions erroneously paid to this

state, or such other states or the United States because of the bona

fide belief that all or some of the employees were covered under the

unemployment insurance laws of this state, or of such other states or of

the United States, may be repaid or transferred to the unemployment

insurance fund of that state or of the United States under whose law

such contributions were actually due, (2) whereby such contributions

upon repayment or transfer to the unemployment insurance fund shall be

deemed to have been paid as of the dates payments thereof were made to

the transferring agency, (3) permitting such repayments or transfers by

this state without regard to the time limitations governing refund of

contributions contained in section five hundred seventy, subdivision

five. Such agreements may also provide for the reimbursement to the

unemployment insurance fund of the transferring agency of all benefits

which were paid on the basis of employment for which the contributions

transferred were paid in error. Any such reimbursement of benefits by

this state in accordance herewith shall be deemed benefits paid for the

purposes of and pursuant to the provisions of this article as of the

dates of payment of such benefits by the transferring agency.

* (e) The commissioner is authorized to enter into an agreement with

the appropriate agency of the United States, whereby, in accordance with

a law of the United States (i) the commissioner shall, as agent of the

United States, provide for the payment of additional benefits to

claimants whose rights as provided under title seven of this article

have been exhausted, or (ii) the state shall be reimbursed for

additional benefits paid pursuant to title eleven of this article. The

commissioner is hereby authorized to receive and disburse funds from the

United States, or any appropriate agency thereof, in accordance with any

such agreement.

* NB Expired September 1, 1963

3. Investigations and information. The commissioner is empowered to

make investigations and secure information as requested by the agency of

any state, of the federal government, or of any foreign government

charged with the administration of any unemployment compensation law or

any public employment service law as he deems necessary or appropriate

to facilitate the administration of such law by such agency and may,

notwithstanding the provisions of section five hundred thirty-seven of

this article, transmit the results of such investigations and such

information to such agency. For this purpose, the commissioner is

empowered to make available services and facilities and to exercise the

other powers provided in this article with respect to the administration

thereof. The commissioner is further empowered to request any such

agency, or the officers or employees of any such agency, to undertake on

his behalf any investigation and to secure information needed in the

administration of this article and to accept and utilize information,

services, and facilities made available to this state by any such

agency.

4. Manpower training. The commissioner is hereby authorized to

participate in the federal manpower development and training act of

nineteen hundred sixty-two as amended and may approve for expenditure

from available funds such sums as may be required to enable the state to

carry out the purposes of such act.