PRINTER'S NO. 630
No. 562 Session of 1983
INTRODUCED BY O'BRIEN, KOSINSKI, SALVATORE, CESSAR, WESTON,
ANGSTADT, WOGAN AND PERZEL, MARCH 23, 1983
REFERRED TO COMMITTEE ON LABOR RELATIONS, MARCH 23, 1983
AN ACT
1 Amending the act of December 5, 1936 (2nd Sp.Sess., 1937
2 P.L.2897, No.1), entitled "An act establishing a system of
3 unemployment compensation to be administered by the
4 Department of Labor and Industry and its existing and newly
5 created agencies with personnel (with certain exceptions)
6 selected on a civil service basis; requiring employers to
7 keep records and make reports, and certain employers to pay
8 contributions based on payrolls to provide moneys for the
9 payment of compensation to certain unemployed persons;
10 providing procedure and administrative details for the
11 determination, payment and collection of such contributions
12 and the payment of such compensation; providing for
13 cooperation with the Federal Government and its agencies;
14 creating certain special funds in the custody of the State
15 Treasurer; and prescribing penalties," further providing for
16 pension offsets.
17 The General Assembly of the Commonwealth of Pennsylvania
18 hereby enacts as follows:
19 Section 1. Section 404(d) of the act of December 5, 1936
20 (2nd Sp.Sess., 1937 P.L.2897, No.1), known as the Unemployment
21 Compensation Law, amended July 10, 1980 (P.L.521, No.108), is
22 amended to read:
23 Section 404. Rate and Amount of Compensation.--Compensation
24 shall be paid to each eligible employe in accordance with the
1 following provisions of this section except that compensation
2 payable with respect to weeks ending in benefit years which
3 begin prior to the first day of October, one thousand nine
4 hundred seventy-one shall be paid on the basis of the provisions
5 of this section in effect at the beginning of such benefit
6 years.
7 * * *
8 (d) Notwithstanding any other provisions of this section
9 each eligible employe who is unemployed with respect to any week
10 ending subsequent to the first day of July, one thousand nine
11 hundred eighty, shall be paid, with respect to such week,
12 compensation in an amount equal to his weekly benefit rate less
13 the total of (i) the remuneration, if any, paid or payable to
14 him with respect to such week for services performed which is in
15 excess of his partial benefit credit; (ii) vacation pay, if any,
16 which is in excess of his partial benefit credit, except when
17 paid to an employe who is permanently or indefinitely separated
18 from his employment and (iii) an amount equal to the amount of a
19 governmental or other pension, retirement or retired pay,
20 annuity, or any other similar periodic payment which is based on
21 the previous work of such individual, which is reasonably
22 attributable to such week, in accordance with this subsection.
23 Notwithstanding the foregoing, the deductions provided in
24 subclause (iii) shall not apply to any pension, retirement or
25 retired pay, annuity or any similar periodic payment which is
26 based on the previous work of the employe as a police officer or
27 as a firefighter for a municipality of this Commonwealth. The
28 balance in the employe's compensation account as indicated in
29 Part D of the table contained in subsection (e) shall be reduced
30 by his weekly benefit amount without regard to the pension
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1 deduction provided herein: Provided, however, That
2 notwithstanding section 804, any overpayment that occurs as a
3 result of the retroactive implementation of the changes made in
4 this subsection of this amendatory act shall be established as
5 nonfault nonrecoupable. The provisions of this subsection shall
6 be applicable whether or not such vacation pay, retirement
7 pension or annuities, or wages are legally required to be paid.
8 If such retirement pension or annuity payments deductible under
9 the provisions of this subsection are received on other than a
10 weekly basis, the amount thereof shall be allocated and pro-
11 rated in accordance with the rules and regulations of the
12 department. Vacation pay, or other remuneration deductible under
13 the provisions of this subsection shall be pro-rated on the
14 basis of the employe's normal full-time weekly wage and as so
15 pro-rated shall be allocated to such period or periods of
16 unemployment as shall be determined by rules and regulations of
17 the department. Such compensation, if not a multiple of one
18 dollar ($1.00), shall be computed to the next higher multiple of
19 one dollar ($1.00).
20 * * *
21 Section 2. (a) This act shall apply to compensable weeks
22 commencing on and after the effective date.
23 (b) This act shall take effect in 60 days.
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