Section 502. Wage reporting - findings and policy


Latest version.
  • The legislature hereby
      finds and declares that New York state is committed  to  developing  the
      most  efficient  and  effective  system  possible  for administering the
      unemployment insurance system which, for more than a half  century,  has
      provided  financial  support to workers who have lost their jobs through
      no fault of their own.
        Unlike all  other  states  and  territories,  which  administer  their
      unemployment  insurance  systems  pursuant  to  a  wage reporting system
      whereby employers report employee wages on a  regular  basis,  New  York
      maintains a wage request system. In order to acquire the enormous amount
      of  wage  data  necessary  to  calculate unemployment insurance benefits
      using such a system, the department is required to send out hundreds  of
      thousands  of  wage requests to employers every year. These requests are
      for information which, in large part, is submitted  by  employers  on  a
      quarterly  basis  to the statewide wage reporting system administered by
      the department of taxation and finance.
        Given the size and complexity of the unemployment insurance system, an
      increase  in  efficiency  will   necessarily   result   in   significant
      improvements   in   the  services  provided  to  benefit  claimants  and
      employers. The improvements for benefit claimants that would result from
      the implementation of a wage reporting system include  more  timely  and
      accurate entitlement and benefit rate determinations, a reduction in the
      need  to  rely  upon  a  claimant's  own  tax  and wage statements and a
      decrease in claimant overpayments which must be  recovered  at  a  later
      date.  As  for  employers, they would, for the large majority of benefit
      claims filed, no longer be required to provide employee wage  data  upon
      request, which would remove a significant employer burden as well as the
      potential  for  a  fifty  dollar penalty each time a wage request is not
      answered in a timely manner. Wage reporting would also reduce the number
      of employers incorrectly charged for benefits.
        Furthermore, the department is accountable under federal and state law
      to  measure  the  success  of  training,  employment  and   reemployment
      initiatives operated pursuant to such laws. The assessment of individual
      performance  is  the  best way to measure program quality and to develop
      program improvements. Job placement, employment  duration  and  earnings
      are  basic  outcomes  used  to  measure  such  performance.  Information
      surveys, traditionally used to collect such data, have proved to be both
      expensive and unreliable because of low response rates and faulty recall
      by those who respond. Using the statewide wage reporting system to track
      such performance outcomes  will  avoid  these  problems  and  produce  a
      reliable system of accountability while placing no additional burdens on
      employers.
        Accordingly,  for the above reasons, section one hundred seventy-one-a
      of the tax law is amended to provide the department with complete access
      to the wage reporting files maintained by the department of taxation and
      finance as the first stage in a transition to an unemployment  insurance
      system   based   upon  such  wage  reporting  files,  with  the  express
      requirement that the department shall design and operate such system  so
      that  an individual eligible for benefits under the current law would be
      eligible for the same amount of benefits under a new system  based  upon
      the  wage  reporting  files.  In  addition,  complete access to the wage
      reporting files  is  granted  for  administration  of  the  department's
      employment  security programs as well as for evaluation of the effect on
      earnings of participation in training programs with respect to which the
      department has reporting, monitoring or evaluating responsibilities.