PRINTER'S NO. 4020
No. 2966 Session of 1980
INTRODUCED BY PHILLIPS, RASCO, E. G. JOHNSON AND VROON,
OCTOBER 6, 1980
REFERRED TO COMMITTEE ON LABOR RELATIONS, OCTOBER 6, 1980
AN ACT
1 Amending the act of July 10, 1980 (No.108), entitled "An act
2 amending the act of December 5, 1936 (2nd Sp.Sess., 1937
3 P.L.2897, No.1), entitled 'An act establishing a system of
4 unemployment compensation to be administered by the
5 Department of Labor and Industry and its existing and newly
6 created agencies with personnel (with certain exceptions)
7 selected on a civil service basis; requiring employers to
8 keep records and make reports, and certain employers to pay
9 contributions based on payrolls to provide moneys for the
10 payment of compensation to certain unemployed persons;
11 providing procedure and administrative details for the
12 determination, payment and collection of such contributions
13 and the payment of such compensation; providing for
14 cooperation with the Federal Government and its agencies;
15 creating certain special funds in the custody of the State
16 Treasurer; and prescribing penalties,' adding a definition,
17 further providing for the rate and amount of benefits, for
18 the rate of employer contributions and for additional
19 contributions, for a waiting week, qualifications for
20 benefits, certain pension deductions, employer benefit
21 charges, appeals and review, recoupment of overpayments and
22 contributions of nonprofit organizations," eliminating a
23 retroactive application of payment of certain contributions
24 and granting refunds to certain employers.
25 The General Assembly of the Commonwealth of Pennsylvania
26 hereby enacts as follows:
27 Section 1. Section 23, act of July 10, 1980 (No.108),
28 entitled "An act amending the act of December 5, 1936 (2nd
1 Sp.Sess., 1937 P.L.2897, No.1), entitled 'An act establishing a
2 system of unemployment compensation to be administered by the
3 Department of Labor and Industry and its existing and newly
4 created agencies with personnel (with certain exceptions)
5 selected on a civil service basis; requiring employers to keep
6 records and make reports, and certain employers to pay
7 contributions based on payrolls to provide moneys for the
8 payment of compensation to certain unemployed persons; providing
9 procedure and administrative details for the determination,
10 payment and collection of such contributions and the payment of
11 such compensation; providing for cooperation with the Federal
12 Government and its agencies; creating certain special funds in
13 the custody of the State Treasurer; and prescribing penalties,'
14 adding a definition, further providing for the rate and amount
15 of benefits, for the rate of employer contributions and for
16 additional contributions, for a waiting week, qualifications for
17 benefits, certain pension deductions, employer benefit charges,
18 appeals and review, recoupment of overpayments and contributions
19 of nonprofit organizations," is amended to read:
20 Section 23. This act shall take effect immediately and the
21 following amendments shall apply as follows:
22 (1) The amendments to sections 4(a), 401(a), (e) and (f),
23 404(a)(3), (c) and (e)(1) shall apply to applications for
24 benefits, the effective dates of which fall on and after the
25 date of enactment.
26 (2) The amendments to sections 4(l)(3)(G)(a) and (a.1),
27 4(x)(1), 301, 301.1, 301.2, 301.3, 302 and 407-A shall take
28 effect immediately and shall be retroactive to [January 1, 1980]
29 July 1, 1980: Provided, however, That any employer who presents
30 evidence of filing for bankruptcy or final closing of the
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1 business between January 1, 1980 to July 10, 1980 shall be
2 exempted from all additional tax liability under this act. This
3 provision shall not apply to businesses which reorganize during
4 this same period.
5 (3) The amendments to section 404(d) shall take effect
6 immediately and shall be retroactive for claim weeks beginning
7 on or after March 31, 1980.
8 (4) The amendments to sections 4(g.1) and 404(c) shall apply
9 to application for benefits filed on and after August 1, 1980.
10 (5) The amendments to sections 308.1, 501(c), 505, 510.1,
11 804 and 1103 shall take effect immediately.
12 (6) The amendments to section 502 shall take effect
13 immediately and shall apply to any case which, on the date of
14 final enactment, is either pending before a referee or the board
15 or the decision for which has not yet become final, and to all
16 cases thereafter.
17 (7) Any additional contributions which were paid by any
18 employer between January 1, 1980 and July 1, 1980 as a result of
19 the retroactive effect of paragraph (3) shall be refunded to the
20 employer.
21 Section 2. This act shall take effect immediately.
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