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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY GORDNER, APRIL 28, 2011 |
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| REFERRED TO LABOR AND INDUSTRY, APRIL 28, 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," providing for relief |
16 | from charges. |
17 | The General Assembly of the Commonwealth of Pennsylvania |
18 | hereby enacts as follows: |
19 | Section 1. The act of December 5, 1936 (2nd Sp.Sess., 1937 |
20 | P.L.2897, No.1), known as the Unemployment Compensation Law, is |
21 | amended by adding a section to read: |
22 | Section 302.1. Relief from Charges.--Notwithstanding any |
23 | other provisions of this act assigning charges for compensation |
24 | paid to employes, the department shall relieve an employer of |
25 | charges for compensation in accordance with this section and |
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1 | section 213 of this act. |
2 | (a) Circumstances allowing relief: |
3 | (1) If an individual was separated from his most recent work |
4 | for an employer due to being discharged for willful misconduct |
5 | connected with that work, or due to his leaving that work |
6 | without good cause attributable to his employment, or due to his |
7 | being separated from such work under conditions which would |
8 | result in disqualification for benefits under the provisions of |
9 | section 3 or section 402(e.1), the employer shall be relieved of |
10 | charges for compensation paid to the individual with respect to |
11 | any week of unemployment occurring subsequent to such |
12 | separation. Relief from charges under this paragraph terminates |
13 | if the employe returns to work for the employer. |
14 | (2) If an individual's unemployment is directly caused by a |
15 | major natural disaster declared by the President of the United |
16 | States pursuant to section 102(1) of the Disaster Relief Act of |
17 | 1970 (Public Law 91-606, 42 U.S.C. § 4401 et seq.) and the |
18 | individual would have been eligible for disaster unemployment |
19 | assistance as provided in section 240 of the Disaster Relief Act |
20 | of 1970 with respect to that unemployment but for the receipt of |
21 | unemployment compensation, an employer shall be relieved of |
22 | charges for compensation paid to such individual with respect to |
23 | any week of unemployment occurring due to the natural disaster, |
24 | to a maximum of the eight weeks immediately following the |
25 | declaration of emergency by the President of the United States. |
26 | (3) If an individual subsequent to separation from his work |
27 | is engaged in part-time work for a base year employer, other |
28 | than a base year employer from whom he has separated, the part- |
29 | time employer shall be relieved of charges for compensation paid |
30 | to the individual with respect to any week of unemployment |
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1 | occurring subsequent to the separation and while such part-time |
2 | work continues without material change. |
3 | (4) If the department finds that an individual was separated |
4 | from his most recent work for an employer due to a cessation of |
5 | business of eighteen months or less caused by a disaster, the |
6 | employer may be relieved of charges for compensation paid to |
7 | such individual with respect to any week of unemployment |
8 | occurring subsequent to that separation. Relief from charges |
9 | under this paragraph terminates if the employe returns to work |
10 | for the employer. |
11 | (b) Requests for relief from charges: |
12 | (1) Except as provided in subsection (c), in order to be |
13 | granted relief from charges for compensation an employer must |
14 | file a request with the department in the manner provided, and |
15 | containing all information required, by the department's |
16 | regulations. |
17 | (2) If an employer is requesting relief from charges on the |
18 | basis of a separation that occurs on or before the date the |
19 | claimant files an application for benefits or on the basis of |
20 | continuing part-time work, the following shall apply: |
21 | (i) If the request is filed within thirty (30) days after |
22 | the date of the earliest notice issued by the department under |
23 | section 501(a) indicating that the claimant is eligible under |
24 | section 401(a) and relief is granted, relief shall begin with |
25 | the earliest week for which the claimant is eligible for |
26 | benefits pursuant to the claimant's application for benefits. |
27 | (ii) If the request is not filed within the time period |
28 | provided in subparagraph (i), relief, if granted by the |
29 | department, shall begin with the earliest week ending fifteen |
30 | (15) or more days subsequent to the date the request is filed. |
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1 | (3) If an employer is requesting relief from charges on the |
2 | basis of a separation that occurs after the claimant files an |
3 | application for benefits, the following shall apply: |
4 | (i) If the request is filed within thirty (30) days after |
5 | the date of the earliest notice issued by the department |
6 | indicating that the claimant is claiming benefits subsequent to |
7 | the separation and relief is granted, relief shall begin with |
8 | the earliest week for which the claimant is eligible for |
9 | benefits following the last day worked. |
10 | (ii) If the request is not filed within the time period |
11 | provided in subparagraph (i), relief, if granted by the |
12 | department, shall begin with the earliest week ending fifteen |
13 | (15) or more days subsequent to the date the request is filed. |
14 | (c) Relief from charges without a request: |
15 | (1) If a claimant is determined ineligible for benefits |
16 | under section 3 or section 402(b), (e) or (e.1) pursuant to a |
17 | notice of determination that has become final, the department |
18 | shall grant relief from charges in accordance with subsection |
19 | (a)(1) to the employer from whom the claimant was separated, |
20 | beginning with the earliest week for which the claimant is |
21 | eligible for benefits following the week or weeks governed by |
22 | the notice of determination. |
23 | (2) If a claimant is determined eligible for benefits under |
24 | section 402(b) pursuant to a notice of determination that has |
25 | become final, the department shall grant or deny relief from |
26 | charges in accordance with subsection (a)(1) to the employer |
27 | from whom the claimant was separated, beginning with the |
28 | earliest week governed by the notice of determination, in |
29 | accordance with the following: |
30 | (i) The department shall grant relief from charges if the |
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1 | claimant left work for the employer without good cause |
2 | attributable to the claimant's employment. |
3 | (ii) The department shall deny relief from charges if the |
4 | claimant left work for the employer with good cause attributable |
5 | to the claimant's employment. |
6 | (3) Relief from charges granted to an employer remains in |
7 | effect for the purpose of benefits paid to the claimant pursuant |
8 | to a subsequent application for benefits if the relief has not |
9 | terminated in accordance with the provisions of this section. |
10 | (d) Employer information: |
11 | (1) An employer that is granted relief from charges on the |
12 | basis of a claimant's separation from employment shall notify |
13 | the department within fifteen (15) days if the claimant returns |
14 | to work for the employer. The employer shall include with the |
15 | notification the claimant's name and Social Security number, the |
16 | employer's name and account number and the date when |
17 | reemployment commenced. |
18 | (2) An employer that is granted relief from charges on the |
19 | basis of continuing part-time work shall notify the department |
20 | within fifteen (15) days if the employment situation of the |
21 | claimant changes. The employer shall include with the |
22 | notification the claimant's name and Social Security number and |
23 | the employer's name and account number. |
24 | (e) General provisions: |
25 | (1) Where the individual's eligibility for compensation has |
26 | been finally determined under the provisions of Article V, such |
27 | determination shall not be subject to attack in proceedings |
28 | under this section. |
29 | (2) The findings and determinations of the department under |
30 | this section shall be subject to appeal in the manner provided |
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1 | in this act for appeals from determinations of compensation. |
2 | Section 2. The addition of section 302.1 of the act shall |
3 | apply to initial claims filed on or after January 1, 2012. |
4 | Section 3. This act shall take effect in 60 days. |
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