PRINTER'S NO. 1285
No. 1113 Session of 1985
INTRODUCED BY SALOOM, PETRARCA, OLASZ, RYBAK, JOHNSON, BOWLEY,
DALEY, LETTERMAN, TRELLO, MRKONIC, REBER, GREENWOOD, JAROLIN,
CAWLEY, E. Z. TAYLOR, HASAY, TIGUE, BELFANTI, HALUSKA,
BALDWIN, KASUNIC, LIVENGOOD AND FOX, MAY 1, 1985
REFERRED TO COMMITTEE ON LABOR RELATIONS, MAY 1, 1985
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 for certain veterans.
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 21, 1983 (P.L.68, No.30), 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 January 1984 shall be paid on
4 the basis of the provisions of this section in effect at the
5 beginning of such benefit years.
6 * * *
7 (d) Notwithstanding any other provisions of this section
8 each eligible employe who is unemployed with respect to any week
9 ending subsequent to July 1, 1980 shall be paid, with respect to
10 such week, compensation in an amount equal to his weekly benefit
11 rate less the total of (i) the remuneration, if any, paid or
12 payable to him with respect to such week for services performed
13 which is in excess of his partial benefit credit; (ii) vacation
14 pay, if any, which is in excess of his partial benefit credit,
15 except when paid to an employe who is permanently or
16 indefinitely separated from his employment and (iii) an amount
17 equal to the amount of a governmental or other pension, except a
18 pension received by an honorably discharged or disabled veteran
19 of the United States Armed Forces, 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 The provisions of this subsection shall be applicable whether or
24 not such vacation pay, retirement pension or annuities, or wages
25 are legally required to be paid. If such retirement pension or
26 annuity payments deductible under the provisions of this
27 subsection are received on other than a weekly basis, the amount
28 thereof shall be allocated and pro-rated in accordance with the
29 rules and regulations of the department. Vacation pay, or other
30 remuneration deductible under the provisions of this subsection
19850H1113B1285 - 2 -
1 shall be pro-rated on the basis of the employe's normal full-
2 time weekly wage and as so pro-rated shall be allocated to such
3 period or periods of unemployment as shall be determined by
4 rules and regulations of the department. Such compensation, if
5 not a multiple of one dollar ($1), shall be computed to the next
6 lower multiple of one dollar ($1).
7 * * *
8 Section 2. This act shall apply to claims for benefit weeks
9 commencing on and after the effective date of this act.
10 Section 3. This act shall take effect in 60 days.
B5L43DGS/19850H1113B1285 - 3 -