New York Labor Law Section 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.


Last modified: February 3, 2019