New York A 5718: Provides a credit against unemployment fund contributions for employers who employ persons in recovery

Bill Text

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A05718 Summary:

BILL NOA05718 

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SAME ASNo Same As

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SPONSORGiglio

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COSPNSR

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MLTSPNSR

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Amd §570, Lab L

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Provides a credit against unemployment fund contributions for employers who employ persons in a recovery program by the office of addiction services and supports.

Go to top A05718 Actions:

BILL NOA05718 

&nbsp

02/20/2025referred to labor

01/07/2026referred to labor

Go to topA05718 Committee&nbspVotes:

Go to topA05718 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA05718 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5718

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 20, 2025
 ___________

 Introduced by M. of A. GIGLIO -- read once and referred to the Committee
 on Labor

 AN ACT to amend the labor law, in relation to providing a credit against
 unemployment fund contributions for employers who employ persons in
 recovery

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subdivision 5 of section 570 of the labor law, as amended
 2 by chapter 595 of the laws of 1985, is amended to read as follows:
 3 5. Refunds and credits. (a) If an employer shall make application for
 4 a refund of any contribution, interest, or penalty paid by [him] such
 5 employer or for a credit thereof and the commissioner shall determine
 6 that such contribution, interest or penalty, or any portion thereof was
 7 erroneously collected, the commissioner shall refund said amount or
 8 allow a credit therefor. If said refund was created as a result of
 9 departmental error then the commissioner shall pay said refund with
 10 interest paid at the rate of three-fourths of one per centum of the
 11 amount of such contribution, interest and penalty for each month between
 12 the time of the erroneous collection and thirty days previous to the
 13 date of the refund check, as specified in this subdivision, unless the
 14 employer shall have already deducted said amount by way of credit
 15 against moneys payable by [him] such employer into the fund. No refund
 16 or credit shall be allowed unless an application therefor shall be made
 17 on or before whichever of the following dates shall be the later: [(a)]
 18 (i) one year from the date on which such payment was made; or [(b)] (ii)
 19 three years from the last day of the first month following the end of
 20 that calendar quarter during which the remuneration was paid which
 21 formed the basis for contributions, interest, or penalty claimed to have
 22 been erroneously collected. For a like cause and within the same period
 23 a refund may be so made or a credit allowed on the initiative of the
 24 commissioner. Any credit or refund of interest and penalties erroneously

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04406-01-5

 A. 5718 2

 1 collected, any interest on such credit or refund, and any interest on
 2 contributions, interest and penalties erroneously collected, allowed by
 3 the commissioner under the foregoing conditions, shall be a charge
 4 against the special fund. Any credit or refund of contributions erro-
 5 neously collected, allowed by the commissioner under the foregoing
 6 conditions, shall be a charge against the unemployment insurance fund.
 7 (b) An employer shall receive a credit against the contribution due
 8 pursuant to this section for any employee who is in a recovery program
 9 through the office of addiction services and supports and for the first
 10 five years of employment of an employee who has completed a recovery
 11 program through such office. The amount of such credit shall be:
 12 (i) twenty-five percent of the employer's required contribution pursu-
 13 ant to this section for wages earned by any employee who is participat-
 14 ing in such a recovery program for the duration of such employee's
 15 participation in such program;
 16 (ii) fifty percent of the employer's required contribution pursuant to
 17 this section for wages earned by any employee who has successfully
 18 completed such a recovery program for the first two years of employment
 19 following completion of such program;
 20 (iii) twenty-five percen