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| PRIOR PRINTER'S NO. 979 | PRINTER'S NO. 1848 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY PERRY, AUMENT, BAKER, BLOOM, BOYD, CLYMER, COX, CREIGHTON, CUTLER, EVANKOVICH, EVERETT, FLECK, GABLER, GILLEN, GRELL, GROVE, HESS, HICKERNELL, KAUFFMAN, KNOWLES, METCALFE, MILLER, MOUL, PICKETT, ROCK, STERN, QUINN, DENLINGER, FARRY AND BEAR, MARCH 3, 2011 |
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| AS REPORTED FROM COMMITTEE ON LABOR AND INDUSTRY, HOUSE OF REPRESENTATIVES, AS AMENDED, MAY 10, 2011 |
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| AN ACT |
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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 | definitions, for relief from charges from certain employers | <-- |
17 | and for establishment and maintenance of employer's reserve |
18 | accounts; providing for relief from charges; further |
19 | providing for qualifications required to secure compensation, |
20 | for ineligibility for compensation and for rate and amount of |
21 | compensation; providing for effect of severance pay on |
22 | benefits wages; further providing for extended benefits | <-- |
23 | program definitions and for rules of procedure; and providing |
24 | for applicability. |
25 | The General Assembly of the Commonwealth of Pennsylvania |
26 | hereby enacts as follows: |
27 | Section 1. Section 4(g.1) of the act of December 5, 1936 | <-- |
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1 | (2nd Sp.Sess., 1937 P.L.2897, No.1), known as the Unemployment |
2 | Compensation Law, added July 10, 1980 (P.L.521, No.108), is |
3 | amended to read: |
4 | Section 1. Section 4(g.1) and (w)(2) of the act of December | <-- |
5 | 5, 1936 (2nd Sp.Sess., 1937 P.L.2897, No.1), known as the |
6 | Unemployment Compensation Law, amended or added September 27, |
7 | 1971 (P.L.460, No.108) and July 10, 1980 (P.L.521, No.108), are |
8 | amended to read: |
9 | Section 4. Definitions.--The following words and phrases, as |
10 | used in this act, shall have the following meanings, unless the |
11 | context clearly requires otherwise. |
12 | * * * |
13 | (g.1) "Credit week" means any calendar week in an |
14 | individual's base year with respect to which he was paid in |
15 | employment as defined in this act, remuneration of not less than |
16 | [fifty dollars ($50)] sixteen (16) times the minimum hourly wage |
17 | required by the act of January 17, 1968 (P.L.11, No.5), known as |
18 | The Minimum Wage Act of 1968. Only one credit week can be |
19 | established with respect to any one calendar week. |
20 | * * * |
21 | (w) * * * | <-- |
22 | (2) An application for benefits filed after the termination |
23 | of a preceding benefit year by an individual shall not be |
24 | considered a Valid Application for Benefits within the meaning |
25 | of this subsection, unless such individual has, subsequent to |
26 | the beginning of such preceding benefit year and prior to the |
27 | filing of such application, worked and earned wages[, whether or |
28 | not such work is] in "employment" as defined in this act in an |
29 | amount equal to or in excess of [six (6)] ten (10) times his |
30 | weekly benefit rate in effect during such preceding benefit |
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1 | year. |
2 | * * * |
3 | Section 1.1. Section 213(a) of the act, added December 9, |
4 | 2002 (P.L.1330, No.156), is amended to read: |
5 | Section 213. Relief from Charges for Certain Employers.--(a) |
6 | An employer that makes payments in lieu of contributions |
7 | pursuant to Article X, XI or XII shall be relieved of charges in |
8 | accordance with section [302(a)] 302.1 and regulations of the |
9 | department, for compensation paid on applications for benefits |
10 | effective during a calendar year, if the employer satisfies the |
11 | following requirements: |
12 | (1) The employer pays a nonrefundable solvency fee under |
13 | subsection (b) for the calendar year within thirty (30) days |
14 | after notice of the fee is sent to the employer's last known |
15 | address. The department may for good cause extend the period |
16 | within which the fee must be paid. |
17 | (2) All reports required by this act and regulations of the |
18 | department for calendar quarters through the second calendar |
19 | quarter of the preceding calendar year are filed. |
20 | * * * |
21 | Section 2. Section 302 of the act, amended or added March |
22 | 24, 1964 (Sp.Sess., P.L.53, No.1), July 6, 1977 (P.L.41, No.22), |
23 | July 21, 1983 (P.L.68, No.30), December 19, 1996 (P.L.1476, |
24 | No.189) and December 9, 2002 (P.L.1330, No.156), is amended to |
25 | read: |
26 | Section 302. Establishment and Maintenance of Employer's |
27 | Reserve Accounts.--The department shall establish and maintain |
28 | for each employer a separate employer's reserve account in the |
29 | following manner: |
30 | (a) [(1) Such account shall be credited with all |
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1 | contributions paid by such employer for periods subsequent to |
2 | June thirtieth, one thousand nine hundred forty-eight. Such |
3 | account shall be charged with an amount determined by |
4 | multiplying the wages of compensated employes of such employer |
5 | for the twelve month period ended June thirtieth, one thousand |
6 | nine hundred forty-nine, by the state experience heretofore used |
7 | in determining rates of contributions for the year one thousand |
8 | nine hundred forty-nine. Subsequent to January 1, 1984, such] An |
9 | employer's account shall be charged with all compensation, |
10 | including dependents' allowances, paid to each individual who |
11 | received from such employer wage credits constituting the base |
12 | of such compensation, in the proportion that such wage credits |
13 | with such employer bears to the total wage credits received by |
14 | such individual from all employers[: Provided, That if the |
15 | department finds that such individual was separated from his |
16 | most recent work for such employer due to being discharged for |
17 | [willful] misconduct connected with such work, or due to his |
18 | leaving such work without good cause attributable to his |
19 | employment, or due to his being separated from such work under |
20 | conditions which would result in disqualification for benefits |
21 | under the provisions of section 3 or section 402(e.1), |
22 | thereafter no compensation paid to such individual with respect |
23 | to any week of unemployment occurring subsequent to such |
24 | separation, which is based upon wages paid by such employer with |
25 | respect to employment prior to such separation, shall be charged |
26 | to such employer's account under the provisions of this |
27 | subsection (a); provided, such employer has filed a notice with |
28 | the department in accordance with its rules and regulations and |
29 | within the time limits prescribed therein; and provided if the |
30 | department finds that such individual's unemployment is directly |
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1 | caused by a major natural disaster declared by the President |
2 | pursuant to section 102(1) of the Disaster Relief Act of 1970 |
3 | (P.L.91-606) and such individual would have been eligible for |
4 | disaster unemployment assistance as provided in section 240 of |
5 | that act with respect to such unemployment but for the receipt |
6 | of unemployment compensation, no compensation paid to such |
7 | individual with respect to any week of unemployment occurring |
8 | due to such natural disaster, to a maximum of the eight weeks |
9 | immediately following the President's declaration of emergency, |
10 | shall be charged to the employer's account under the provisions |
11 | of this subsection. |
12 | (2) Notwithstanding the provisions of paragraph (1) of this |
13 | subsection, if the department finds that an individual |
14 | subsequent to separation from his work is engaged in part-time |
15 | work for a base year employer, other than a base year employer |
16 | from whom he has separated, compensation paid to such individual |
17 | with respect to any week of unemployment occurring subsequent to |
18 | such separation and while such part-time work continues without |
19 | material change, shall not be charged to the account of such |
20 | part-time employer; provided, such part-time employer has filed |
21 | a notice with the department in accordance with its rules and |
22 | regulations and within the time limits prescribed therein. |
23 | (2.1) Notwithstanding the provisions of paragraph (1) of |
24 | this subsection, if the department finds that an individual was |
25 | separated from his most recent work for such employer due to a |
26 | cessation of business of eighteen months or less caused by a |
27 | disaster, compensation paid to such individual with respect to |
28 | any week of unemployment occurring subsequent to such separation |
29 | shall not be charged to the account of such employer; provided, |
30 | such employer has filed a notice with the department in |
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1 | accordance with its rules and regulations and within the time |
2 | limits prescribed therein. |
3 | (3) The findings and determinations of the department under |
4 | this subsection (a) shall be subject to appeal in the manner |
5 | provided in this act for appeals from determinations of |
6 | compensation: Provided, That where the individual's eligibility |
7 | for compensation has been finally determined under the |
8 | provisions of Article V of this act, such determination shall |
9 | not be subject to attack in proceedings under this section. |
10 | (4) The reserve account of any employer who pays |
11 | contributions under this section shall not be charged with |
12 | respect to benefits paid to any individual whose base period |
13 | wages include wages for previously uncovered services as defined |
14 | in section 401(g) to the extent that the unemployment insurance |
15 | fund is reimbursed for such benefits pursuant to section 121 of |
16 | Public Law 94-566]. |
17 | (b) Any employer, at any time, may voluntarily pay into the |
18 | Unemployment Compensation Fund an amount in excess of the |
19 | contributions required to be paid under the provisions of this |
20 | act, and such amount shall be forthwith credited to his reserve |
21 | account. His rate of contribution shall be computed or |
22 | recomputed, as the case may be, with such amount included in the |
23 | calculation. To affect such employer's rate of contribution for |
24 | any year, such amount shall be paid not later than thirty days |
25 | following the mailing of notice of his rate of contribution for |
26 | such year: Provided, That for good cause, such time may be |
27 | extended by the department: And provided further, That such |
28 | amount, when paid as aforesaid, shall not be refunded or used as |
29 | a credit in the payment of contributions in whole or in part. |
30 | In no event shall any such amount be included in the computation |
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1 | or recomputation for any year unless it is paid within one |
2 | hundred twenty days after the beginning of such year. |
3 | (c) (1) For the purpose of determining any employer's rate |
4 | of contribution for any year, the phrase "balance in an |
5 | employer's reserve account" as used in sections 301, 301.1 and |
6 | 301.2 of this act shall mean the amount ascertained as of the |
7 | computation date by subtracting the amounts charged to his |
8 | reserve account from the amounts credited thereto including |
9 | voluntary contributions. If, as of the computation date, the |
10 | amounts charged to his reserve account exceed the amounts |
11 | credited by an amount equivalent to more than twenty per centum |
12 | (20%) of his average annual payroll, the employer may elect, |
13 | subject to the provisions of section 301.1(f) of this act to |
14 | have his reserve account balance adjusted to a negative balance |
15 | equal to twenty per centum (20%) of his average annual payroll. |
16 | This subsection as amended shall apply to elections made after |
17 | December 31, 1986. |
18 | (2) Notwithstanding the provisions of section 301.1(f) and |
19 | paragraph (1) of this subsection, for elections made on or after |
20 | January 1, 1984 and before May 1, 1986, if the amounts charged |
21 | to the employer's reserve account exceed the amounts credited by |
22 | an amount equivalent to more than ten per centum (10%) of his |
23 | average annual payroll, the department, after determining his |
24 | Reserve Ratio Factor shall, upon the election of the employer, |
25 | adjust his reserve account balance to a negative balance equal |
26 | to ten per centum (10%) of his average annual payroll. With |
27 | respect to future adjustments of negative balance accounts, the |
28 | secretary shall, upon the election of the employer, make |
29 | adjustments as follows: |
30 | (i) In relation to adjustments made for the second time |
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1 | after January 1, 1984 and before May 1, 1986, if the amounts |
2 | charged to his reserve account exceed the amounts credited by an |
3 | amount equivalent to more than fifteen per centum (15%) of his |
4 | average annual payroll, the department shall, upon the election |
5 | of the employer, adjust the reserve account balance to a |
6 | negative balance equal to fifteen per centum (15%) of his |
7 | average annual payroll. |
8 | (ii) In relation to adjustments made for the third time |
9 | after January 1, 1984 and before May 1, 1986, if the amounts |
10 | charged to his reserve account exceed the amounts credited by an |
11 | amount equivalent to more than twenty per centum (20%) of his |
12 | average annual payroll, the department shall, upon the election |
13 | of the employer, adjust his reserve account balance to a |
14 | negative balance equal to twenty per centum (20%) of his average |
15 | annual payroll. |
16 | (d) The department shall terminate the reserve account of |
17 | any employer who has not paid contributions for a period of four |
18 | consecutive twelve month periods, ending June thirtieth in any |
19 | year. |
20 | (e) Nothing contained in this act shall be construed to |
21 | grant to any employer any claim or right of withdrawal with |
22 | respect to any amount allocated to him from, or paid by him |
23 | into, the Unemployment Compensation Fund, except as provided in |
24 | section three hundred eleven hereof. |
25 | Section 3. The act is amended by adding a section to read: |
26 | Section 302.1. Relief from Charges.--Notwithstanding any |
27 | other provisions of this act assigning charges for compensation |
28 | paid to employes, the department shall relieve an employer of |
29 | charges for compensation in accordance with this section and |
30 | section 213 of this act. |
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1 | (a) Circumstances allowing relief: |
2 | (1) If an individual was separated from his most recent work |
3 | for an employer due to being discharged for misconduct connected |
4 | with that work, or due to his leaving that work without good |
5 | cause attributable to his employment, or due to his being |
6 | separated from such work under conditions which would result in |
7 | disqualification for benefits under the provisions of section 3 |
8 | or section 402(e.1), the employer shall be relieved of charges |
9 | for compensation paid to the individual with respect to any week |
10 | of unemployment occurring subsequent to such separation. Relief |
11 | from charges under this paragraph terminates if the employe |
12 | returns to work for the employer. |
13 | (2) If an individual's unemployment is directly caused by a |
14 | major natural disaster declared by the President of the United |
15 | States pursuant to section 102(1) of the Disaster Relief Act of |
16 | 1970 (Public Law 91-606, 42 U.S.C. § 4401 et seq.) and the |
17 | individual would have been eligible for disaster unemployment |
18 | assistance as provided in section 240 of the Disaster Relief Act |
19 | of 1970 with respect to that unemployment but for the receipt of |
20 | unemployment compensation, an employer shall be relieved of |
21 | charges for compensation paid to such individual with respect to |
22 | any week of unemployment occurring due to the natural disaster, |
23 | to a maximum of the eight weeks immediately following the |
24 | declaration of emergency by the President of the United States. |
25 | (3) If an individual subsequent to separation from his work |
26 | is engaged in part-time work for a base year employer, other |
27 | than a base year employer from whom he has separated, the part- |
28 | time employer shall be relieved of charges for compensation paid |
29 | to the individual with respect to any week of unemployment |
30 | occurring subsequent to the separation and while such part-time |
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1 | work continues without material change. |
2 | (4) If the department finds that an individual was separated |
3 | from his most recent work for an employer due to a cessation of |
4 | business of eighteen months or less caused by a disaster, the |
5 | employer may be relieved of charges for compensation paid to |
6 | such individual with respect to any week of unemployment |
7 | occurring subsequent to that separation. Relief from charges |
8 | under this paragraph terminates if the employe returns to work |
9 | for the employer. |
10 | (b) Requests for relief from charges: |
11 | (1) Except as provided in subsection (c), in order to be |
12 | granted relief from charges for compensation an employer must |
13 | file a request with the department in the manner provided, and |
14 | containing all information required, by the department's |
15 | regulations. |
16 | (2) If an employer is requesting relief from charges on the |
17 | basis of a separation that occurs on or before the date the |
18 | claimant files an application for benefits or on the basis of |
19 | continuing part-time work, the following shall apply: |
20 | (i) If the request is filed within thirty (30) days after |
21 | the date of the earliest notice issued by the department under |
22 | section 501(a) indicating that the claimant is eligible under |
23 | section 401(a) and relief is granted, relief will begin with the |
24 | earliest week for which the claimant is eligible for benefits |
25 | pursuant to the claimant's application for benefits. |
26 | (ii) If the request is not filed within the time period |
27 | provided in subparagraph (i), relief, if granted by the |
28 | department, will begin with the earliest week ending fifteen |
29 | (15) or more days subsequent to the date the request is filed. |
30 | (3) If an employer is requesting relief from charges on the |
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1 | basis of a separation that occurs after the claimant files an |
2 | application for benefits, the following shall apply: |
3 | (i) If the request is filed within thirty (30) days after |
4 | the date of the earliest notice issued by the department |
5 | indicating that the claimant is claiming benefits subsequent to |
6 | the separation and relief is granted, relief will begin with the |
7 | earliest week for which the claimant is eligible for benefits |
8 | following the last day worked. |
9 | (ii) If the request is not filed within the time period |
10 | provided in subparagraph (i), relief, if granted by the |
11 | department, will begin with the earliest week ending fifteen |
12 | (15) or more days subsequent to the date the request is filed. |
13 | (c) Relief from charges without a request: |
14 | (1) If a claimant is determined ineligible for benefits |
15 | under section 3 or section 402(b), (e) or (e.1) pursuant to a |
16 | notice of determination that has become final, the department |
17 | will grant relief from charges in accordance with subsection (a) |
18 | (1) to the employer from whom the claimant was separated, |
19 | beginning with the earliest week for which the claimant is |
20 | eligible for benefits following the week or weeks governed by |
21 | the notice of determination. |
22 | (2) If a claimant is determined eligible for benefits under |
23 | section 402(b) pursuant to a notice of determination that has |
24 | become final, the department will grant or deny relief from |
25 | charges in accordance with subsection (a)(1) to the employer |
26 | from whom the claimant was separated, beginning with the |
27 | earliest week governed by the notice of determination, in |
28 | accordance with the following: |
29 | (i) The department will grant relief from charges if the |
30 | claimant left work for the employer without good cause |
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1 | attributable to the claimant's employment. |
2 | (ii) The department will deny relief from charges if the |
3 | claimant left work for the employer with good cause attributable |
4 | to the claimant's employment. |
5 | (3) Relief from charges granted to an employer remains in |
6 | effect for the purpose of benefits paid to the claimant pursuant |
7 | to a subsequent application for benefits if the relief has not |
8 | terminated in accordance with the provisions of this section. |
9 | (d) Employer information: |
10 | (1) An employer that is granted relief from charges on the |
11 | basis of a claimant's separation from employment shall notify |
12 | the department within fifteen (15) days if the claimant returns |
13 | to work for the employer. The employer shall include with the |
14 | notification the claimant's name and Social Security number, the |
15 | employer's name and account number and the date when |
16 | reemployment commenced. |
17 | (2) An employer that is granted relief from charges on the |
18 | basis of continuing part-time work shall notify the department |
19 | within fifteen (15) days if the employment situation of the |
20 | claimant changes. The employer shall include with the |
21 | notification the claimant's name and Social Security number and |
22 | the employer's name and account number. |
23 | (e) General provisions: |
24 | (1) Where the individual's eligibility for compensation has |
25 | been finally determined under the provisions of Article V, such |
26 | determination shall not be subject to attack in proceedings |
27 | under this section. |
28 | (2) The findings and determinations of the department under |
29 | this section shall be subject to appeal in the manner provided |
30 | in this act for appeals from determinations of compensation. |
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1 | Section 4. Section 401(b) and (f) of the act, amended July |
2 | 9, 1976 (P.L.842, No.147) and December 9, 2002 (P.L.1330, |
3 | No.156), are amended to read: |
4 | Section 401. Qualifications Required to Secure |
5 | Compensation.--Compensation shall be payable to any employe who |
6 | is or becomes unemployed, and who-- |
7 | * * * |
8 | (b) [Has registered for work at, and thereafter continued to |
9 | report to an employment office in accordance with such |
10 | regulations as the secretary may prescribe, except that the |
11 | secretary may by regulation waive or alter either or both of the |
12 | requirements of this clause as to individuals attached to |
13 | regular jobs and as to such other types of cases or situations |
14 | with respect to which he finds that compliance with such |
15 | requirements would be oppressive or would be inconsistent with |
16 | the purposes of the act: Provided, however, That no such |
17 | regulation shall conflict with section four hundred and one (c) |
18 | of this act;] (1) Is making an active search for suitable |
19 | employment. The requirements for "active search" shall be |
20 | established by the department, and shall include, at a minimum, |
21 | all the following: |
22 | (i) Registration by a claimant for employment search |
23 | services offered by the Pennsylvania CareerLink system within |
24 | thirty (30) days after initial application for benefits. |
25 | (ii) Posting a resume on the system's data base, unless the |
26 | claimant is seeking work in an employment sector in which |
27 | resumes are not commonly used. |
28 | (iii) Applying for positions that offer employment and wages |
29 | similar to those the claimant had prior to his unemployment and |
30 | which are within a forty-five (45) minute commuting distance. |
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1 | (2) The PA CareerLink system shall provide documentation, as |
2 | the secretary deems appropriate, to the Pennsylvania |
3 | Unemployment Compensation Service Center system so the system |
4 | can conduct the necessary cross reference checks. |
5 | (3) For the purposes of paragraph (1), the department may |
6 | determine that a claimant has made an active search for suitable |
7 | work if the claimant's efforts include actions comparable to |
8 | those traditional actions in their trade or occupation by which |
9 | jobs have been found by others in the community and labor market |
10 | in which the claimant is seeking employment. |
11 | (4) The requirements of this subsection do not apply to any |
12 | week in which the claimant is in training approved under section |
13 | 236(a)(1) of the Trade Act of 1974 (Public Law 93-618, 19 U.S.C. |
14 | § 2101 et. seq.) or any week in which the claimant is required |
15 | to participate in reemployment services under section 402(j). |
16 | (5) The requirements of this subsection shall not apply to a |
17 | claimant who is laid off for lack of work and advised by the |
18 | employer of the date on which the claimant will return to work. |
19 | (6) The department may waive or alter the requirements of |
20 | this subsection in cases or situations with respect to which the |
21 | secretary finds that compliance with such requirements would be |
22 | oppressive or which would be inconsistent with the purposes of |
23 | the act. |
24 | * * * |
25 | (f) Has earned, subsequent to his separation from work under |
26 | circumstances which are disqualifying under the provisions of |
27 | subsections 402(b), 402(e), 402(e.1) and 402(h) of this act, |
28 | remuneration for services in an amount equal to or in excess of |
29 | [six (6)] ten (10) times his weekly benefit rate [irrespective |
30 | of whether or not such services were] in "employment" as defined |
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1 | in this act[.] and earned wages for "employment" as defined in |
2 | this act, in ten (10) separate "weeks." The provisions of this |
3 | subsection shall not apply to a suspension of work by an |
4 | individual pursuant to a leave of absence granted by his last |
5 | employer, provided such individual has made a reasonable effort |
6 | to return to work with such employer upon the expiration of his |
7 | leave of absence. |
8 | * * * |
9 | Section 5. Section 402(b) and (e) of the act, amended August |
10 | 24, 1953 (P.L.1397, No.396) and October 22, 1981 (P.L.301, |
11 | No.106), are amended to read: |
12 | Section 402. Ineligibility for Compensation.--An employe |
13 | shall be ineligible for compensation for any week-- |
14 | * * * |
15 | (b) In which his unemployment is due to voluntarily leaving |
16 | work without cause of a necessitous and compelling nature |
17 | attributable to his employment, irrespective of whether or not |
18 | such work is in "employment" as defined in this act: Provided, |
19 | That a voluntary leaving work because of a work-related |
20 | disability if the employer is able to provide other suitable |
21 | work, shall be deemed not a cause of a necessitous and |
22 | compelling nature attributable to his employment: And provided | <-- |
23 | further, That no employe shall be deemed to be ineligible under |
24 | this subsection where the Federal Unemployment Tax Act requires |
25 | eligibility, and provided that no employe shall be deemed |
26 | ineligible under this subsection if the employe is a spouse of a |
27 | full-time member of the United States Armed Forces and the |
28 | employe is leaving employment due to the reassignment of the |
29 | military member to a different geographical location: And |
30 | provided further, That no employe shall be deemed to be |
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1 | ineligible under this subsection where as a condition of |
2 | continuing in employment such employe would be required to join |
3 | or remain a member of a company union or to resign from or |
4 | refrain from joining any bona fide labor organization, or to |
5 | accept wages, hours or conditions of employment not desired by a |
6 | majority of the employes in the establishment or the occupation, |
7 | or would be denied the right of collective bargaining under |
8 | generally prevailing conditions, and that in determining whether |
9 | or not an employe has left his work voluntarily without cause of |
10 | a necessitous and compelling nature attributable to his |
11 | employment, the department shall give consideration to the same |
12 | factors, insofar as they are applicable, provided, with respect |
13 | to the determination of suitable work under section four (t): |
14 | And provided further, That the provisions of this subsection |
15 | shall not apply in the event of a stoppage of work which exists |
16 | because of a labor dispute within the meaning of subsection (d). |
17 | Provided further, That no otherwise eligible claimant shall be |
18 | denied benefits for any week in which his unemployment is due to |
19 | exercising the option of accepting a layoff, from an available |
20 | position pursuant to a labor-management contract agreement, or |
21 | pursuant to an established employer plan, program or policy: |
22 | Provided further, That a claimant shall not be disqualified for |
23 | voluntarily leaving work, which is not suitable employment to |
24 | enter training approved under section 236(a)(1) of the Trade Act |
25 | of 1974. For purposes of this subsection the term "suitable |
26 | employment" means with respect to a claimant, work of a |
27 | substantially equal or higher skill level than the claimant's |
28 | past "adversely affected employment" (as defined in section 247 |
29 | of the Trade Act of 1974), and wages for such work at not less |
30 | than eighty per centum of the worker's "average weekly wage" (as |
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1 | defined in section 247 of the Trade Act of 1974). |
2 | * * * |
3 | (e) In which his unemployment is due to his discharge or |
4 | temporary suspension from work for [willful] misconduct |
5 | connected with his work, irrespective of whether or not such |
6 | work is "employment" as defined in this act[; and]. For purposes |
7 | of this subsection, the term "misconduct" shall include, but is | <-- |
8 | not limited to, the violation of any reasonable workplace rule |
9 | or work-related government regulation or law of which the |
10 | employe was aware; failure to maintain a valid license or |
11 | certificate that has been issued by a Federal or Commonwealth |
12 | agency or political subdivision and which is a requirement of |
13 | employment; the deliberate damage to property of the employer or |
14 | another employe or the theft of an employer's or another |
15 | employe's property; reporting to work in possession of or under | <-- |
16 | the influence of illegal drugs or alcohol; threatening a | <-- |
17 | coworker or supervisor with physical harm or threatening to harm |
18 | the interests of the employer; disregard of supervisor's |
19 | reasonable directives or orders and acts of negligence or an act |
20 | of negligence which indicates substantial disregard for |
21 | employer's interests. |
22 | * * * |
23 | Section 6. Section 404 introductory paragraph, (a), (b), (c) | <-- |
24 | and (e)(2), amended or added May 14, 1949 (P.L.1355, No.404), | <-- |
25 | March 24, 1964 (Sp.Sess., P.L.53, No.1), January 17, 1968 |
26 | (P.L.21, No.6), July 10, 1980 (P.L.521, No.108), July 21, 1983 |
27 | (P.L.68, No.30) and October 19, 1988 (P.L.818, No.109), are |
28 | amended to read: |
29 | Section 404. Rate and Amount of Compensation.--Compensation |
30 | 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 [1989] 2012 2013 shall | <-- |
4 | be paid on the basis of the provisions of this section in effect |
5 | at the beginning of such benefit years. |
6 | (a) (1) The employe's weekly benefit rate shall be computed |
7 | as (1) the amount appearing in Part B of the Table Specified for |
8 | the Determination of Rate and Amount of Benefits on the line on |
9 | which in Part A there appears the average of the two quarters | <-- |
10 | during his base year period in which he earned his "highest |
11 | quarterly wage," or (2) fifty per centum (50%) of his full-time |
12 | weekly wage, whichever is greater, provided the employe's base | <-- |
13 | year wages are sufficient to qualify for the minimum weekly |
14 | benefit rate of seventy dollars ($70). Notwithstanding any other | <-- |
15 | provision of this act, if an employe's weekly benefit rate, as |
16 | calculated under this paragraph, is less than $70, he shall be |
17 | ineligible to receive any amount of compensation. If the |
18 | employe's weekly benefit rate is not a multiple of one dollar |
19 | ($1), it shall be rounded to the next lower multiple of one |
20 | dollar ($1). |
21 | (2) If the base year wages of an employe whose weekly |
22 | benefit rate has been determined under clause (2) of paragraph |
23 | (1) of this subsection are insufficient to qualify him under |
24 | subsection (c) of this section, his weekly benefit rate shall be |
25 | redetermined under clause (1) of paragraph (1) of this |
26 | subsection. |
27 | (3) If the base year wages of an employe whose weekly |
28 | benefit rate has been determined under clause (1) of paragraph |
29 | (1) of this subsection, or redetermined under paragraph (2) of |
30 | this subsection, as the case may be, are insufficient to qualify |
|
1 | him under subsection (c) of this section but are sufficient to |
2 | qualify him for any one of the next three lower weekly benefit |
3 | rates, his weekly benefit rate shall be redetermined at the |
4 | highest of such next lower rates. |
5 | * * * | <-- |
6 | (b) The "highest quarterly wages" of an employe shall be the | <-- |
7 | [total] average of the three quarters during his base year in |
8 | which he was paid his highest amount of wages (computed to the |
9 | nearest dollar) [which were paid to such employe in that |
10 | calendar quarter in which such total wages were highest] during |
11 | the base year. |
12 | (c) [Any] The total amount of benefits to which an otherwise |
13 | eligible employe who has base year wages in an amount equal to, |
14 | or in excess, of the amount of qualifying wages appearing in |
15 | Part C of the Table Specified for the Determination of Rate and |
16 | Amount of Benefits on the line on which in Part B there appears |
17 | his weekly benefit rate, as determined under subsection (a) of |
18 | this section, shall be entitled during his benefit year to the |
19 | amount appearing in Part [D] B on said line multiplied by the | <-- |
20 | number of qualifying credit weeks during his base year, up to a |
21 | maximum of twenty-six (26): Provided he had eighteen (18) or |
22 | more "credit weeks" during his base year [or Part E provided he |
23 | had sixteen (16) or seventeen (17) "credit weeks" during his |
24 | base year]. Notwithstanding any other provision of this act, any |
25 | employe with less than [sixteen (16)] eighteen (18) "credit |
26 | weeks" during the employe's base year shall be ineligible to |
27 | receive any amount of compensation. |
28 | * * * |
29 | (e) * * * |
30 | (2) (i) The Table Specified for the Determination of Rate |
|
1 | and Amount of Benefits shall be extended or contracted annually, |
2 | automatically by regulations promulgated by the secretary in |
3 | accordance with the following procedure: for calendar year one |
4 | thousand nine hundred seventy-two and for all subsequent |
5 | calendar years, to a point where the maximum weekly benefit rate |
6 | [equals] shall equal sixty-six and two-thirds per centum of the |
7 | average weekly wage for the [twelve-month] thirty-six-month |
8 | period ending June 30 preceding each calendar year. If the |
9 | maximum weekly benefit rate is not a multiple of one dollar |
10 | ($1), it shall be [increased by one dollar ($1) and then] |
11 | rounded to the next lower multiple of one dollar ($1): Provided, |
12 | however, That effective with benefit years beginning the first |
13 | Sunday at least thirty days after the effective date of this |
14 | amendatory act, the per centum stated in this paragraph for |
15 | establishing the maximum weekly benefit rate shall be sixty-two |
16 | and two-thirds per centum for the remainder of calendar year one |
17 | thousand nine hundred seventy-four, sixty-four and two-thirds |
18 | per centum for the calendar year one thousand nine hundred |
19 | seventy-five, and sixty-six and two-thirds per centum for the |
20 | calendar year one thousand nine hundred seventy-six and for all |
21 | subsequent calendar years. |
22 | The Table Specified for the Determination of Rate and Amount |
23 | of Benefits as so extended or contracted shall be effective only |
24 | for those claimants whose benefit years begin on or after the |
25 | first day of January of such calendar year. |
26 | (ii) For the purpose of determining the maximum weekly |
27 | benefit rate, the Pennsylvania average weekly wage in covered |
28 | employment shall be computed on the basis of the average annual | <-- |
29 | total wages reported (irrespective of the limit on the amount of |
30 | wages subject to contributions) for the [twelve-month] thirty- |
|
1 | six-month period ending June 30 (determined by dividing the | <-- |
2 | total wages reported for the thirty-six-month period by 3) and |
3 | this amount shall be divided by the average monthly number of |
4 | covered workers (determined by dividing the total covered |
5 | employment reported for the same [fiscal year by twelve] thirty- |
6 | six-month period by thirty-six) to determine the average annual |
7 | wage. The average annual wage thus obtained shall be divided by |
8 | fifty-two and the average weekly wage thus determined rounded to |
9 | the nearest cent. If the maximum weekly benefit rate as |
10 | determined under subparagraph (i) is less than the maximum |
11 | weekly benefit rate established for calendar year 2011, the |
12 | maximum weekly benefit rate will be frozen until the calendar |
13 | year in which the new maximum weekly benefit rate as determined |
14 | under subparagraph (i) exceeds the maximum weekly benefit rate |
15 | for calendar year 2011. |
16 | * * * |
17 | Section 7. The act is amended by adding a section to read: |
18 | Section 404.2. Effect of Severance Pay on Wages.--(a) |
19 | Severance pay that is paid to an employe who has been determined |
20 | to be eligible for benefits shall be treated in the same manner |
21 | as remuneration received while working is treated under section |
22 | 404(d)(1) of this act. |
23 | (a.1) Severance pay is attributed to the day, days, week or | <-- |
24 | weeks immediately following the employe's separation. |
25 | (b) The number of days or weeks to which severance pay is |
26 | attributed is determined by dividing the total amount of |
27 | severance pay by the regular full-time daily or weekly wage of |
28 | the claimant. |
29 | (c) The amount of severance pay attributed to each day or |
30 | week equals the regular full-time daily or weekly wage of the |
|
1 | claimant. |
2 | (d) When the attribution of severance pay is made on the |
3 | basis of the number of days, the pay shall be attributed to the |
4 | customary working days in the calendar week. |
5 | (e) For the purposes of this section, the term "severance |
6 | pay" shall mean one or more payments made by an employer to an |
7 | employe on account of separation from the service of the |
8 | employer, regardless of whether the employer is legally bound by |
9 | contract, statute or otherwise to make such payments. The term |
10 | does not include payments for pension, retirement or accrued |
11 | leave or payments of supplemental unemployment benefits. |
12 | Section 8. Section 401-A(b) and (c) of the act, amended | <-- |
13 | August 4, 2009 (P.L.114, No.30), are amended to read: |
14 | Section 401-A. Definitions.--As used in this article: |
15 | * * * |
16 | (b) (1) There is a "State 'on' indicator" for this State |
17 | for a week if the Secretary of Labor and Industry determines in |
18 | accordance with the regulations of the United States Secretary |
19 | of Labor, that for the period consisting of such week and the |
20 | immediately preceding twelve weeks, the rate of insured |
21 | unemployment (not seasonally adjusted) under this act: |
22 | (i) (A) equaled or exceeded one hundred twenty per centum |
23 | of the average of such rates for the corresponding thirteen-week |
24 | period ending in each of the preceding two calendar years, or |
25 | (B) with respect to compensation for weeks of unemployment |
26 | beginning after December 17, 2010, and ending on or before |
27 | December 31, 2011, equaled or exceeded one hundred twenty per |
28 | centum of the average of such rates for the corresponding |
29 | thirteen-week period ending in each of the preceding three |
30 | calendar years, and |
|
1 | (ii) equaled or exceeded five per centum: Provided, That |
2 | with respect to benefits for weeks of unemployment beginning |
3 | with the passage of this amendment but no earlier than April 3, |
4 | 1977, the determination of whether there has been a State "on" |
5 | or "off" indicator beginning or ending any extended benefit |
6 | period shall be made under this paragraph as if (A) this |
7 | paragraph did not contain subparagraph (i) thereof, and (B) the |
8 | per centum rate indicated in this paragraph were six, except |
9 | that, notwithstanding any such provision of this paragraph, any |
10 | week for which there would otherwise be a State "on" indicator |
11 | shall continue to be such a week and shall not be determined to |
12 | be a week for which there is a State "off" indicator. |
13 | (2) There is a "State 'off' indicator" for this State for a |
14 | week if the Secretary of Labor and Industry determines in |
15 | accordance with the regulations of the United States Secretary |
16 | of Labor, that for the period consisting of such week and the |
17 | immediately preceding twelve weeks, the rate of insured |
18 | unemployment (not seasonally adjusted) under this act: |
19 | (i) was less than one hundred twenty per centum of the |
20 | average of such rates for the corresponding thirteen-week period |
21 | ending in each of the preceding two calendar years, if paragraph |
22 | (1)(i)(A) applies or, the preceding three calendar years, if |
23 | paragraph (1)(i)(B) applies, or |
24 | (ii) was less than five per centum. |
25 | (3) Notwithstanding the provisions of this subsection, any |
26 | week for which there would otherwise be a State "on" indicator |
27 | shall continue to be such a week and shall not be determined to |
28 | be a week for which there is a State "off" indicator. |
29 | (c) (1) There is a "State 'on' indicator" for this State |
30 | for a week if: |
|
1 | (i) the average rate of total unemployment in this State, |
2 | seasonally adjusted, for the period consisting of the most |
3 | recent three months for which data for all states are published |
4 | before the close of such week equals or exceeds six and one-half |
5 | per centum; and |
6 | (ii) (A) the average rate of total unemployment in this |
7 | State, seasonally adjusted, for the three-month period referred |
8 | to in subparagraph (i) equals or exceeds one hundred ten per |
9 | centum of such average rate for either, or both, of the |
10 | corresponding three-month periods ending in the two preceding |
11 | calendar years, or |
12 | (B) with respect to compensation for weeks of unemployment |
13 | beginning after December 17, 2010, and ending on or before |
14 | December 31, 2011, the average rate of total unemployment in |
15 | this State, seasonally adjusted, for the three-month period |
16 | referred to in subparagraph (i) equals or exceeds one hundred |
17 | ten per centum of such average rate for any, or all, of the |
18 | corresponding three-month periods ending in the three preceding |
19 | calendar years. |
20 | (2) There is a State "off" indicator for this State for a |
21 | week if the requirements of paragraph (1)(i) or (ii) are not |
22 | satisfied. |
23 | (3) This subsection shall be applicable only with respect to |
24 | weeks of unemployment for which one hundred per centum Federal |
25 | sharing of extended benefits is available under section 2005(a) |
26 | of the American Recovery and Reinvestment Act of 2009 (Public |
27 | Law 111-5, 123 Stat. 115), without regard to the extension of |
28 | Federal sharing for certain claims as provided under section |
29 | 2005(c) of the American Recovery and Reinvestment Act of 2009, |
30 | or under a subsequently enacted provision of Federal law. |
|
1 | (4) Notwithstanding the provisions of this subsection, any |
2 | week for which there would otherwise be a State "on" indicator |
3 | shall continue to be such a week and shall not be determined to |
4 | be a week for which there is a State "off" indicator. |
5 | (5) For purposes of this subsection, determinations of the |
6 | rate of total unemployment for any period, and of any seasonal |
7 | adjustment, shall be made by the United States Secretary of |
8 | Labor. |
9 | * * * |
10 | Section 8 9. Section 505 of the act, amended April 23, 1942 | <-- |
11 | (Sp. Sess., P.L.60, No.23), is amended to read: |
12 | Section 505. Rules of Procedure.--The manner in which |
13 | appeals shall be taken, the reports thereon required from the |
14 | department, the claimant and employers, and the conduct of |
15 | hearings and appeals, shall be in accordance with rules of |
16 | procedure prescribed by the board whether or not such rules |
17 | conform to common law or statutory rules of evidence and other |
18 | technical rules of procedure. Rules established by the board |
19 | shall permit either party to a hearing to testify via telephone, |
20 | without regard to distance of hearing location from either |
21 | party. |
22 | When the same or substantially similar evidence is relevant |
23 | and material to the matter in issue in applications and claims |
24 | filed by more than one individual or in multiple applications |
25 | and claims filed by a single individual the same time and place |
26 | for considering each such application and claim may be fixed, |
27 | hearings thereon jointly conducted, a single record of the |
28 | proceedings made and evidence introduced with respect to any |
29 | application or claim considered as introduced with respect to |
30 | all of such applications or claims: Provided, That in the |
|
1 | judgment of the board or referee having jurisdiction of the |
2 | proceeding such consideration will not be prejudicial to any |
3 | party. |
4 | Section 9 10. This act shall apply as follows: | <-- |
5 | (1) The amendment of section 4(g.1) of the act shall | <-- |
6 | apply to initial claims filed on or after July 1, 2012. |
7 | (1) (2) The amendment of sections 4(g.1) and section | <-- |
8 | 401(f) of the act shall apply to initial claims filed on or | <-- |
9 | after January 1, 2012. |
10 | (2) (3) The amendment of sections 302, 401(b) and 402(b) | <-- |
11 | and (e) of the act are applicable to initial claims filed on | <-- |
12 | or after January 1, 2012. |
13 | (3) (4) The addition of section 302.1 of the act shall | <-- |
14 | apply to initial claims filed on or after January 1, 2012. |
15 | (4) (5) The addition of section 404.2 of the act shall | <-- |
16 | apply to claims filed on or after January 1, 2013. |
17 | (6) The amendment of section 401-A(b) and (c) of the act | <-- |
18 | shall apply retroactively to December 18, 2010. |
19 | Section 10 11. This act shall take effect as follows: | <-- |
20 | (1) This section and section 10(6) shall take effect | <-- |
21 | immediately. |
22 | (2) The amendment of section 404 introductory paragraph |
23 | and (a)(1) of the act shall take effect January 1, 2013. | <-- |
24 | (3) The amendment of section 401-A(b) and (c) of the act | <-- |
25 | shall take effect immediately. |
26 | (3) (4) The remainder of this act shall take effect in | <-- |
27 | 60 days. |
|