N.Y. Labor Law § 527 (2026)

§ 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.