HOUSE AMENDED

 

PRIOR PRINTER'S NOS. 1133, 1189, 1239, 1293, 1363

PRINTER'S NO.  1365

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

1030

Session of

2011

  

  

INTRODUCED BY GORDNER, APRIL 28, 2011

  

  

AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES, JUNE 16, 2011   

  

  

  

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

definitions and for relief from charges and for establishment

<--

17

and maintenance of employer's reserve accounts; providing for

18

automatic relief from charges; further providing for

19

qualifications required to secure compensation, for

<--

20

ineligibility for compensation, for rate and amount of

21

compensation, for definitions and for rules of procedure; and

22

providing for shared-work program and for applicability.

23

The General Assembly of the Commonwealth of Pennsylvania

24

hereby enacts as follows:

25

Section 1.  Section 213 of the act of December 5, 1936 (2nd

<--

26

Sp.Sess., 1937 P.L.2897, No.1), known as the Unemployment

27

Compensation Law, added December 9, 2002 (P.L.1330, No.156), is

 


1

amended to read:

2

Section 1.  Section 4(g.1) of the act of December 5, 1936

<--

3

(2nd Sp.Sess., 1937 P.L.2897, No.1), known as the Unemployment

4

Compensation Law, added July 10, 1980 (P.L.521, No.108), is

5

amended to read:

6

Section 4.  Definitions.--The following words and phrases, as

7

used in this act, shall have the following meanings, unless the

8

context clearly requires otherwise.

9

* * *

10

(g.1)  ["Credit week" means any calendar week in an

<--

11

individual's base year with respect to which he was paid in

12

employment as defined in this act, remuneration of not less than

13

[fifty dollars ($50)] sixteen (16) times the minimum hourly wage

<--

14

required by the act of January 17, 1968 (P.L.11, No.5), known as

15

The Minimum Wage Act of 1968. Only one credit week can be

16

established with respect to any one calendar week.] "Credit

<--

17

week" means any calendar week in an individual's base year with

18

respect to which he was paid in employment as defined in this

19

act, remuneration of not less than:

20

(1)  One hundred dollars ($100). This paragraph shall expire

21

December 31, 2014.

22

(2)  Sixteen (16) times the minimum hourly wage required by

23

the act of January 17, 1968 (P.L.11, No.5), known as "The

24

Minimum Wage Act of 1968." This paragraph shall take effect

25

January 1, 2015.

26

Only one credit week can be established with respect to any one

27

calendar week.

28

* * *

29

Section 1.1.  Section 213 of the act, added December 9, 2002

30

(P.L.1330, No.156), is amended to read:

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1

Section 213.  Relief from Charges for Certain Employers.--(a)

2

An employer that makes payments in lieu of contributions

3

pursuant to Article X, XI or XII shall be relieved of charges in

4

accordance with section [302(a)] 302.1 and regulations of the

5

department, for compensation paid on applications for benefits

6

effective during a calendar year, if the employer satisfies the

7

following requirements:

8

(1)  The employer pays a nonrefundable solvency fee under

9

subsection (b) for the calendar year within thirty (30) days

10

after notice of the fee is sent to the employer's last known

11

address. The department may for good cause extend the period

12

within which the fee must be paid.

13

(2)  All reports required by this act and regulations of the

14

department for calendar quarters through the second calendar

15

quarter of the preceding calendar year are filed.

16

(b)  An employer's solvency fee for a calendar year shall be

17

the monetary amount determined by multiplying the solvency fee

18

rate for the year by the amount of wages paid, without regard to

19

the exclusion in section 4(x)(1), by the employer in the four

20

consecutive calendar quarters ending on June 30 of the preceding

21

calendar year, provided that an employer's solvency fee for a

22

year shall not be less than twenty-five dollars ($25).

23

(1)  For calendar years 2003, 2004 and 2005, the solvency fee

24

rate shall be three ten thousandths (.0003).

25

(2)  In 2005 the secretary shall redetermine the solvency fee

26

rate. The secretary shall redetermine the rate so that the

27

unrounded rate yields solvency fees approximately equal to the

28

amount of compensation for which charges are relieved under this

29

section. For purposes of redetermining the rate, the secretary

30

shall use the amount of compensation for which charges are

- 3 -

 


1

relieved under this section paid during 2003 and 2004 and the

2

amount of wages paid, without regard to the exclusion in section

3

4(x)(1), during the same time period by employers who paid a

4

solvency fee under this section. The rate as redetermined shall

5

take effect for the next calendar year and shall remain in

6

effect for three years.

7

(3)  Beginning in 2008 and each fifth year thereafter, the

8

secretary shall redetermine the solvency fee rate. The secretary

9

shall redetermine the rate so that the unrounded rate yields

10

solvency fees approximately equal to the amount of compensation

11

for which charges are relieved under this section. For purposes

12

of redetermining the rate, the secretary shall use the amount of

13

compensation for which charges are relieved under this section

14

paid during the five calendar years immediately preceding the

15

year in which the redetermination occurs and the amount of wages

16

paid, without regard to the exclusion in section 4(x)(1), during

17

the same time period by employers who paid a solvency fee under

18

this section. The rate as redetermined shall take effect for the

19

next calendar year and shall remain in effect for five years.

20

(4)  If the solvency fee rate redetermined under paragraphs

21

(2) and (3) is not a multiple of one-hundredth of one per cent,

22

it shall be rounded to the next higher multiple of one-hundredth

23

of one per cent.

24

(c)  Solvency fees paid by employers under this section shall

25

be deposited in the Unemployment Compensation Fund. Compensation

26

for which charges are relieved under this section shall not be

27

used in the calculation of the State adjustment factor under

28

section 301.1(e).

29

(d)  The provisions of this section shall constitute the

30

exclusive means by which an employer who makes payments in lieu

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1

of contributions pursuant to Article X, XI or XII may be excused

2

from reimbursing the Unemployment Compensation Fund for

3

compensation paid to an individual that is based on wages paid

4

by the employer or that portion of the individual's compensation

5

determined in accordance with section 1108.

6

(e)  A group account under section 1109 shall constitute an

7

employer for purposes of this section.

8

Section 2.  Section 302 of the act, amended March 24, 1964

9

(Sp.Sess., P.L.53, No.1), July 6, 1977 (P.L.41, No.22), July 21,

10

1983 (P.L.68, No.30), December 19, 1996 (P.L.1476, No.189) and

11

December 9, 2002 (P.L.1330, No.156), is amended to read:

12

Section 302.  Establishment and Maintenance of Employer's

13

Reserve Accounts.--The department shall establish and maintain

14

for each employer a separate employer's reserve account in the

15

following manner:

16

(a)  [(1)  Such account shall be credited with all

17

contributions paid by such employer for periods subsequent to

18

June thirtieth, one thousand nine hundred forty-eight. Such

19

account shall be charged with an amount determined by

20

multiplying the wages of compensated employes of such employer

21

for the twelve month period ended June thirtieth, one thousand

22

nine hundred forty-nine, by the state experience heretofore used

23

in determining rates of contributions for the year one thousand

24

nine hundred forty-nine. Subsequent to January 1, 1984, such] An

25

employer's account shall be charged with all compensation,

26

including dependents' allowances, paid to each individual who

27

received from such employer wage credits constituting the base

28

of such compensation, in the proportion that such wage credits

29

with such employer bears to the total wage credits received by

30

such individual from all employers[: Provided, That if the

- 5 -

 


1

department finds that such individual was separated from his

2

most recent work for such employer due to being discharged for

3

willful misconduct connected with such work, or due to his

4

leaving such work without good cause attributable to his

5

employment, or due to his being separated from such work under

6

conditions which would result in disqualification for benefits

7

under the provisions of section 3 or section 402(e.1),

8

thereafter no compensation paid to such individual with respect

9

to any week of unemployment occurring subsequent to such

10

separation, which is based upon wages paid by such employer with

11

respect to employment prior to such separation, shall be charged

12

to such employer's account under the provisions of this

13

subsection (a); provided, such employer has filed a notice with

14

the department in accordance with its rules and regulations and

15

within the time limits prescribed therein; and provided if the

16

department finds that such individual's unemployment is directly

17

caused by a major natural disaster declared by the President

18

pursuant to section 102(1) of the Disaster Relief Act of 1970

19

(P.L.91-606) and such individual would have been eligible for

20

disaster unemployment assistance as provided in section 240 of

21

that act with respect to such unemployment but for the receipt

22

of unemployment compensation, no compensation paid to such

23

individual with respect to any week of unemployment occurring

24

due to such natural disaster, to a maximum of the eight weeks

25

immediately following the President's declaration of emergency,

26

shall be charged to the employer's account under the provisions

27

of this subsection.

28

(2)  Notwithstanding the provisions of paragraph (1) of this

29

subsection, if the department finds that an individual

30

subsequent to separation from his work is engaged in part-time

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1

work for a base year employer, other than a base year employer

2

from whom he has separated, compensation paid to such individual

3

with respect to any week of unemployment occurring subsequent to

4

such separation and while such part-time work continues without

5

material change, shall not be charged to the account of such

6

part-time employer; provided, such part-time employer has filed

7

a notice with the department in accordance with its rules and

8

regulations and within the time limits prescribed therein.

9

(2.1)  Notwithstanding the provisions of paragraph (1) of

10

this subsection, if the department finds that an individual was

11

separated from his most recent work for such employer due to a

12

cessation of business of eighteen months or less caused by a

13

disaster, compensation paid to such individual with respect to

14

any week of unemployment occurring subsequent to such separation

15

shall not be charged to the account of such employer; provided,

16

such employer has filed a notice with the department in

17

accordance with its rules and regulations and within the time

18

limits prescribed therein.

19

(3)  The findings and determinations of the department under

20

this subsection (a) shall be subject to appeal in the manner

21

provided in this act for appeals from determinations of

22

compensation: Provided, That where the individual's eligibility

23

for compensation has been finally determined under the

24

provisions of Article V of this act, such determination shall

25

not be subject to attack in proceedings under this section.

26

(4)  The reserve account of any employer who pays

27

contributions under this section shall not be charged with

28

respect to benefits paid to any individual whose base period

29

wages include wages for previously uncovered services as defined

30

in section 401(g) to the extent that the unemployment insurance

- 7 -

 


1

fund is reimbursed for such benefits pursuant to section 121 of

2

Public Law 94-566].

3

(b)  Any employer, at any time, may voluntarily pay into the

4

Unemployment Compensation Fund an amount in excess of the

5

contributions required to be paid under the provisions of this

6

act, and such amount shall be forthwith credited to his reserve

7

account. His rate of contribution shall be computed or

8

recomputed, as the case may be, with such amount included in the

9

calculation. To affect such employer's rate of contribution for

10

any year, such amount shall be paid not later than thirty days

11

following the mailing of notice of his rate of contribution for

12

such year: Provided, That for good cause, such time may be

13

extended by the department: And provided further, That such

14

amount, when paid as aforesaid, shall not be refunded or used as

15

a credit in the payment of contributions in whole or in part. In

16

no event shall any such amount be included in the computation or

17

recomputation for any year unless it is paid within one hundred

18

twenty days after the beginning of such year.

19

(c)  (1)  For the purpose of determining any employer's rate

20

of contribution for any year, the phrase "balance in an

21

employer's reserve account" as used in sections 301, 301.1 and

22

301.2 of this act shall mean the amount ascertained as of the

23

computation date by subtracting the amounts charged to his

24

reserve account from the amounts credited thereto including

25

voluntary contributions. If, as of the computation date, the

26

amounts charged to his reserve account exceed the amounts

27

credited by an amount equivalent to more than twenty per centum

28

(20%) of his average annual payroll, the employer may elect,

29

subject to the provisions of section 301.1(f) of this act to

30

have his reserve account balance adjusted to a negative balance

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1

equal to twenty per centum (20%) of his average annual payroll.

2

This subsection as amended shall apply to elections made after

3

December 31, 1986.

4

(2)  Notwithstanding the provisions of section 301.1(f) and

5

paragraph (1) of this subsection, for elections made on or after

6

January 1, 1984 and before May 1, 1986, if the amounts charged

7

to the employer's reserve account exceed the amounts credited by

8

an amount equivalent to more than ten per centum (10%) of his

9

average annual payroll, the department, after determining his

10

Reserve Ratio Factor shall, upon the election of the employer,

11

adjust his reserve account balance to a negative balance equal

12

to ten per centum (10%) of his average annual payroll. With

13

respect to future adjustments of negative balance accounts, the

14

secretary shall, upon the election of the employer, make

15

adjustments as follows:

16

(i)  In relation to adjustments made for the second time

17

after January 1, 1984 and before May 1, 1986, if the amounts

18

charged to his reserve account exceed the amounts credited by an

19

amount equivalent to more than fifteen per centum (15%) of his

20

average annual payroll, the department shall, upon the election

21

of the employer, adjust the reserve account balance to a

22

negative balance equal to fifteen per centum (15%) of his

23

average annual payroll.

24

(ii)  In relation to adjustments made for the third time

25

after January 1, 1984 and before May 1, 1986, if the amounts

26

charged to his reserve account exceed the amounts credited by an

27

amount equivalent to more than twenty per centum (20%) of his

28

average annual payroll, the department shall, upon the election

29

of the employer, adjust his reserve account balance to a

30

negative balance equal to twenty per centum (20%) of his average

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1

annual payroll.

2

(d)  The department shall terminate the reserve account of

3

any employer who has not paid contributions for a period of four

4

consecutive twelve month periods, ending June thirtieth in any

5

year.

6

(e)  Nothing contained in this act shall be construed to

7

grant to any employer any claim or right of withdrawal with

8

respect to any amount allocated to him from, or paid by him

9

into, the Unemployment Compensation Fund, except as provided in

10

section three hundred eleven hereof.

11

Section 3.  The act is amended by adding a section to read:

12

Section 302.1.  Relief from Charges.--Notwithstanding any

13

other provisions of this act assigning charges for compensation

14

paid to employes, the department shall relieve an employer of

15

charges for compensation in accordance with this section and

16

section 213 of this act.

17

(a)  Circumstances allowing relief:

18

(1)  If an individual was separated from his most recent work

19

for an employer due to being discharged for willful misconduct

20

connected with that work, or due to his leaving that work

21

without good cause attributable to his employment, or due to his

22

being separated from such work under conditions which would

23

result in disqualification for benefits under the provisions of

24

section 3 or section 402(e.1), the employer shall be relieved of

25

charges for compensation paid to the individual with respect to

26

any week of unemployment occurring subsequent to such

27

separation. Relief from charges under this paragraph terminates

28

if the employe returns to work for the employer.

29

(2)  If an individual's unemployment is directly caused by a

30

major natural disaster declared by the President of the United

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1

States pursuant to section 102(1) of the Disaster Relief Act of

2

1970 (Public Law 91-606, 42 U.S.C. § 4401 et seq.) and the

3

individual would have been eligible for disaster unemployment

4

assistance as provided in section 240 of the Disaster Relief Act

5

of 1970 with respect to that unemployment but for the receipt of

6

unemployment compensation, an employer shall be relieved of

7

charges for compensation paid to such individual with respect to

8

any week of unemployment occurring due to the natural disaster,

9

to a maximum of the eight weeks immediately following the

10

declaration of emergency by the President of the United States.

11

(3)  If an individual subsequent to separation from his work

12

is engaged in part-time work for a base year employer, other

13

than a base year employer from whom he has separated, the part-

14

time employer shall be relieved of charges for compensation paid

15

to the individual with respect to any week of unemployment

16

occurring subsequent to the separation and while such part-time

17

work continues without material change.

18

(4)  If the department finds that an individual was separated

19

from his most recent work for an employer due to a cessation of

20

business of eighteen months or less caused by a disaster, the

21

employer may be relieved of charges for compensation paid to

22

such individual with respect to any week of unemployment

23

occurring subsequent to that separation. Relief from charges

24

under this paragraph terminates if the employe returns to work

25

for the employer.

26

(b)  Requests for relief from charges:

27

(1)  Except as provided in subsection (c), in order to be

28

granted relief from charges for compensation an employer must

29

file a request with the department in the manner provided, and

30

containing all information required, by the department's

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1

regulations.

2

(2)  If an employer is requesting relief from charges on the

3

basis of a separation that occurs on or before the date the

4

claimant files an application for benefits or on the basis of

5

continuing part-time work, the following shall apply:

6

(i)  If the request is filed within fifteen (15) days after

7

the date of the earliest notice issued by the department under

8

section 501(a) indicating that the claimant is eligible under

9

section 401(a) and relief is granted, relief shall begin with

10

the earliest week for which the claimant is eligible for

11

benefits pursuant to the claimant's application for benefits.

12

(ii)  If the request is not filed within the time period

13

provided in subparagraph (i), relief, if granted by the

14

department, shall begin with the earliest week ending fifteen

15

(15) or more days subsequent to the date the request is filed.

16

(3)  If an employer is requesting relief from charges on the

17

basis of a separation that occurs after the claimant files an

18

application for benefits, the following shall apply:

19

(i)  If the request is filed within fifteen (15) days after

20

the date of the earliest notice issued by the department

21

indicating that the claimant is claiming benefits subsequent to

22

the separation and relief is granted, relief shall begin with

23

the earliest week for which the claimant is eligible for

24

benefits following the last day worked.

25

(ii)  If the request is not filed within the time period

26

provided in subparagraph (i), relief, if granted by the

27

department, shall begin with the earliest week ending fifteen

28

(15) or more days subsequent to the date the request is filed.

29

(c)  Relief from charges without a request:

30

(1)  If a claimant is determined ineligible for benefits

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1

under section 3 or section 402(b), (e) or (e.1) pursuant to a

2

notice of determination that has become final, the department

3

shall grant relief from charges in accordance with subsection

4

(a)(1) to the employer from whom the claimant was separated,

5

beginning with the earliest week for which the claimant is

6

eligible for benefits following the week or weeks governed by

7

the notice of determination.

8

(2)  If a claimant is determined eligible for benefits under

9

section 402(b) pursuant to a notice of determination that has

10

become final, the department shall grant or deny relief from

11

charges in accordance with subsection (a)(1) to the employer

12

from whom the claimant was separated, beginning with the

13

earliest week governed by the notice of determination, in

14

accordance with the following:

15

(i)  The department shall grant relief from charges if the

16

claimant left work for the employer without good cause

17

attributable to the claimant's employment.

18

(ii)  The department shall deny relief from charges if the

19

claimant left work for the employer with good cause attributable

20

to the claimant's employment.

21

(3)  Relief from charges granted to an employer remains in

22

effect for the purpose of benefits paid to the claimant pursuant

23

to a subsequent application for benefits if the relief has not

24

terminated in accordance with the provisions of this section.

25

(d)  Employer information:

26

(1)  An employer that is granted relief from charges on the

27

basis of a claimant's separation from employment shall notify

28

the department within fifteen (15) days if the claimant returns

29

to work for the employer. The employer shall include with the

30

notification the claimant's name and Social Security number, the

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1

employer's name and account number and the date when

2

reemployment commenced.

3

(2)  An employer that is granted relief from charges on the

4

basis of continuing part-time work shall notify the department

5

within fifteen (15) days if the employment situation of the

6

claimant changes. The employer shall include with the

7

notification the claimant's name and Social Security number and

8

the employer's name and account number.

9

(e)  General provisions:

10

(1)  Where the individual's eligibility for compensation has

11

been finally determined under the provisions of Article V, such

12

determination shall not be subject to attack in proceedings

13

under this section.

14

(2)  The findings and determinations of the department under

15

this section shall be subject to appeal in the manner provided

16

in this act for appeals from determinations of compensation.

17

Section 4.  Section 401(b) of the act, amended July 9, 1976

18

(P.L.842, No.147), is amended to read:

19

Section 401.  Qualifications Required to Secure

20

Compensation.--Compensation shall be payable to any employe who

21

is or becomes unemployed, and who--

22

* * *

23

(b)  [Has registered for work at, and thereafter continued to

24

report to an employment office in accordance with such

25

regulations as the secretary may prescribe, except that the

26

secretary may by regulation waive or alter either or both of the

27

requirements of this clause as to individuals attached to

28

regular jobs and as to such other types of cases or situations

29

with respect to which he finds that compliance with such

30

requirements would be oppressive or would be inconsistent with

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1

the purposes of the act: Provided, however, That no such

2

regulation shall conflict with section four hundred and one (c)

3

of this act;]

4

(1)  Is making an active search for suitable employment. The

5

requirements for "active search" shall be established by the

6

department and shall include, at a minimum, all of the

7

following:

8

(i)  Registration by a claimant for employment search

9

services offered by the Pennsylvania CareerLink system or its

10

successor agency within thirty (30) days after initial

11

application for benefits.

12

(ii)  Posting a resume on the system's database, unless the

13

claimant is seeking work in an employment sector in which

14

resumes are not commonly used.

15

(iii)  Applying for positions that offer employment and wages

16

similar to those the claimant had prior to his unemployment and

17

which are within a forty-five (45) minute commuting distance.

18

(2)  The Pennsylvania CareerLink system or its successor

19

agency shall provide documentation, on a quarterly basis or more

20

frequently, as the secretary deems appropriate, to the

21

Pennsylvania Unemployment Compensation Service Center system so

22

the system can conduct the necessary cross reference checks.

23

(3)  For the purposes of paragraph (1), the department may

24

determine that a claimant has made an active search for suitable

25

work if the claimant's efforts include actions comparable to

26

those traditional actions in their trade or occupation by which

27

jobs have been found by others in the community and labor market

28

in which the claimant is seeking employment.

29

(4)  The requirements of this subsection do not apply to any

30

week in which the claimant is in training approved under section

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1

236(a)(1) of the Trade Act of 1974 (Public Law 93-618, 19 U.S.C.

2

§ 2101 et seq.) or any week in which the claimant is required to

3

participate in reemployment services under section 402(j).

4

(5)  The requirements of this subsection shall not apply to a

5

claimant who is laid off for lack of work and advised by the

6

employer of the date on which the claimant will return to work.

7

(6)  The department may waive or alter the requirements of

8

this subsection in cases or situations with respect to which the

9

secretary finds that compliance with such requirements would be

10

oppressive or which would be inconsistent with the purposes of

11

this act.

12

* * *

13

Section 4.1.  Section 402(b) and (e) of the act, amended

<--

14

August 24, 1953 (P.L.1397, No.396) and October 22, 1981

15

(P.L.301, No.106), are amended to read:

16

Section 402.  Ineligibility for Compensation.--An employe

17

shall be ineligible for compensation for any week--

18

* * *

19

(b)  In which his unemployment is due to voluntarily leaving

20

work without cause of a necessitous and compelling nature

21

attributable to his employment, irrespective of whether or not

22

such work is in "employment" as defined in this act: Provided,

23

That a voluntary leaving work because of a work-related 

24

disability if the employer is able to provide other suitable

25

work, shall be deemed not a cause of a necessitous and

26

compelling nature attributable to his employment: And provided

27

further, That no employe shall be deemed to be ineligible under

28

this subsection where the Federal Unemployment Tax Act requires

29

eligibility, and provided that no employe shall be deemed

30

ineligible under this subsection if the employe is a spouse of a

- 16 -

 


1

full-time member of the United States Armed Forces or a full-

2

time member of any of its reserve components, including the

3

Pennsylvania National Guard, and the employe is leaving

4

employment due to the reassignment of the military member to a

5

different geographical location: And provided further, That no

6

employe shall be deemed to be ineligible under this subsection

7

where as a condition of continuing in employment such employe

8

would be required to join or remain a member of a company union

9

or to resign from or refrain from joining any bona fide labor

10

organization, or to accept wages, hours or conditions of

11

employment not desired by a majority of the employes in the

12

establishment or the occupation, or would be denied the right of

13

collective bargaining under generally prevailing conditions, and

14

that in determining whether or not an employe has left his work

15

voluntarily without cause of a necessitous and compelling nature

16

attributable to his employment, the department shall give

17

consideration to the same factors, insofar as they are

18

applicable, provided, with respect to the determination of

19

suitable work under section four (t): And provided further, That

20

the provisions of this subsection shall not apply in the event

21

of a stoppage of work which exists because of a labor dispute

22

within the meaning of subsection (d). Provided further, That no

23

otherwise eligible claimant shall be denied benefits for any

24

week in which his unemployment is due to exercising the option

25

of accepting a layoff, from an available position pursuant to a

26

labor-management contract agreement, or pursuant to an

27

established employer plan, program or policy: Provided further,

28

That a claimant shall not be disqualified for voluntarily

29

leaving work, which is not suitable employment to enter training

30

approved under section 236(a)(1) of the Trade Act of 1974. For

- 17 -

 


1

purposes of this subsection the term "suitable employment" means

2

with respect to a claimant, work of a substantially equal or

3

higher skill level than the claimant's past "adversely affected

4

employment" (as defined in section 247 of the Trade Act of

5

1974), and wages for such work at not less than eighty per

6

centum of the worker's "average weekly wage" (as defined in

7

section 247 of the Trade Act of 1974).

8

* * *

9

(e)  In which his unemployment is due to his discharge or

10

temporary suspension from work for willful misconduct connected

11

with his work, irrespective of whether or not such work is

12

"employment" as defined in this act[; and]. For purposes of this

13

subsection, the term "willful misconduct" shall include, but is

14

not limited to, the violation of any reasonable workplace rule

15

or work-related government regulation or law of which the

16

employe was aware; failure to maintain a valid license or

17

certificate that has been issued by a Federal or Commonwealth

18

agency or political subdivision and which is a requirement of

19

employment; the deliberate damage to property of the employer or

20

another employe or the theft of an employer's or another

21

employe's property; reporting to work under the influence of 

22

illegal drugs or alcohol; threatening a coworker or supervisor

23

with physical harm or threatening to harm the interests of the

24

employer; disregard of supervisor's reasonable directives or

25

orders and acts of negligence or an act of negligence which

26

indicates substantial disregard for employer's interests.

27

* * *

28

Section 5.  Section 404 introductory paragraph, (a) 404(a),

<--

29

(c), (d) and (e)(2) of the act, amended March 24, 1964 (1st Sp.

<--

30

Sess. P.L.53, No.1), January 17, 1968 (P.L.21, No.6), July 10,

- 18 -

 


1

1980 (P.L.521, No.108), July 21, 1983 (P.L.68, No.30), October

2

19, 1988 (P.L.818, No.109) and December 16, 2005 (P.L.437,

3

No.80), are amended to read:

4

Section 404.  Rate and Amount of Compensation.--Compensation

5

shall be paid to each eligible employe in accordance with the

6

following provisions of this section except that compensation

7

payable with respect to weeks ending in benefit years which

8

begin prior to the first day of January [1989] 2013 shall be

<--

9

paid on the basis of the provisions of this section in effect at

10

the beginning of such benefit years.

11

* * *

<--

12

(a)  (1)  The employe's weekly benefit rate shall be computed

<--

13

as (1) the amount appearing in Part B of the Table Specified for

14

the Determination of Rate and Amount of Benefits on the line on

15

which in Part A there appears his "highest quarterly wage," or

16

(2) fifty per centum (50%) of his full-time weekly wage,

17

whichever is greater. Notwithstanding any other provision of

18

this act, if an employe's weekly benefit rate, as calculated

19

under this paragraph, is less than $70, he shall be ineligible

20

to receive any amount of compensation. If the employe's weekly

21

benefit rate is not a multiple of one dollar ($1), it shall be

22

rounded to the next lower multiple of one dollar ($1).

23

(2)  If the base year wages of an employe whose weekly

24

benefit rate has been determined under clause (2) of paragraph

25

(1) of this subsection are insufficient to qualify him under

26

subsection (c) of this section, his weekly benefit rate shall be

27

redetermined under clause (1) of paragraph (1) of this

28

subsection.

29

(3)  If the base year wages of an employe whose weekly

30

benefit rate has been determined under clause (1) of paragraph

- 19 -

 


1

(1) of this subsection, or redetermined under paragraph (2) of

2

this subsection, as the case may be, are insufficient to qualify

3

him under subsection (c) of this section but are sufficient to

4

qualify him for any one of the next three lower weekly benefit

5

rates, his weekly benefit rate shall be redetermined at the

6

highest of such next lower rates.

7

* * *

8

(c)  [Any] The total amount of benefits to which an otherwise

9

eligible employe who has base year wages in an amount equal to,

10

or in excess, of the amount of qualifying wages appearing in

11

Part C of the Table Specified for the Determination of Rate and

12

Amount of Benefits on the line on which in Part B there appears

13

his weekly benefit rate, as determined under subsection (a) of

14

this section, shall be entitled during his benefit year to the

15

amount appearing in Part [D] B on said line multiplied by the

16

number of qualifying credit weeks during his base year, up to a

17

maximum of twenty-six (26): Provided he had eighteen (18) or

18

more "credit weeks" during his base year [or Part E provided he

19

had sixteen (16) or seventeen (17) "credit weeks" during his

20

base year]. Notwithstanding any other provision of this act, any

21

employe with less than [sixteen (16)] eighteen (18) "credit

22

weeks" during the employe's base year shall be ineligible to

23

receive any amount of compensation.

24

(d)  (1)  Notwithstanding any other provisions of this

25

section each eligible employe who is unemployed with respect to

26

any week ending subsequent to July 1, 1980 shall be paid, with

27

respect to such week, compensation in an amount equal to his

28

weekly benefit rate less the total of (i) the remuneration, if

29

any, paid or payable to him with respect to such week for

30

services performed which is in excess of his partial benefit

- 20 -

 


1

credit [and], (ii) vacation pay, if any, which is in excess of

2

his partial benefit credit, except when paid to an employe who

3

is permanently or indefinitely separated from his employment[.] 

4

and (iii) the amount of severance pay that is attributed to the

5

week.

6

(1.1)  For purposes of clause (1)(iii), all of the following

7

apply:

8

(i)  "Severance pay" means one or more payments made by an

9

employer to an employe on account of separation from the service

10

of the employer, regardless of whether the employer is legally

11

bound by contract, statute or otherwise to make such payments.

12

The term does not include payments for pension, retirement or

13

accrued leave or payments of supplemental unemployment benefits.

14

(ii)  The amount of severance pay attributed pursuant to

15

subclause (iii) shall be an amount not less than zero determined

16

by subtracting one-half one-fourth forty per centum (40%) of the

<--

17

average annual wage as calculated under subsection (e) as of

18

June 30 immediately preceding the calendar year in which the

19

claimant's benefit year begins from the total amount of

20

severance pay paid or payable to the claimant by the employer.

21

(iii)  Severance pay is attributed as follows:

22

(A)  Severance pay is attributed to the day, days, week or

23

weeks immediately following the employe's separation.

24

(B)  The number of days or weeks to which severance pay is

25

attributed is determined by dividing the total amount of

26

severance pay by the regular full-time daily or weekly wage of

27

the claimant.

28

(C)  The amount of severance pay attributed to each day or

29

week equals the regular full-time daily or weekly wage of the

30

claimant.

- 21 -

 


1

(D)  When the attribution of severance pay is made on the

2

basis of the number of days, the pay shall be attributed to the

3

customary working days in the calendar week.

4

(2)  (i)  In addition to the deductions provided for in

5

clause (1), for any week with respect to which an individual is

6

receiving a pension, including a governmental or other pension,

7

retirement or retired pay, annuity or any other similar periodic

8

payment, under a plan maintained or contributed to by a base

9

period or chargeable employer, the weekly benefit amount payable

10

to such individual for such week shall be reduced, but not below

11

zero, by the pro-rated weekly amount of the pension as

12

determined under subclause (ii).

13

(ii)  If the pension is entirely contributed to by the

14

employer, then one hundred per centum (100%) of the pro-rated

15

weekly amount of the pension shall be deducted. Except as set

16

forth in clause (4), if the pension is contributed to by the

17

individual, in any amount, then fifty per centum (50%) of the

18

pro-rated weekly amount of the pension shall be deducted.

19

(iii)  No deduction shall be made under this clause by reason

20

of the receipt of a pension if the services performed by the

21

individual during the base period or remuneration received for

22

such services for such employer did not affect the individual's

23

eligibility for, or increase the amount of, such pension,

24

retirement or retired pay, annuity or similar payment.

25

(3)  The provisions of this subsection shall be applicable

26

whether or not such vacation pay, retirement pension or

27

annuities or wages are legally required to be paid. If such

28

retirement pension or annuity payments deductible under the

29

provisions of this subsection are received on other than a

30

weekly basis, the amount thereof shall be allocated and pro-

- 22 -

 


1

rated in accordance with the rules and regulations of the

2

department. Vacation pay or other remuneration deductible under

3

the provisions of this subsection shall be pro-rated on the

4

basis of the employe's normal full-time weekly wage and as so

5

pro-rated shall be allocated to such period or periods of

6

unemployment as shall be determined by rules and regulations of

7

the department. Such compensation, if not a multiple of one

8

dollar ($1), shall be computed to the next lower multiple of one

9

dollar ($1).

10

(4)  No deductions shall be made under this subsection for

11

pensions paid under the Social Security Act (Public Law 74-271,

12

42 U.S.C. § 301 et seq.), or the Railroad Retirement Act of 1974

13

(Public Law 93-445, 88 Stat. 1305), if the pension is

14

contributed to by the individual in any amount.

15

(e)  * * *

16

(2)  (i)  The Table Specified for the Determination of Rate

17

and Amount of Benefits shall be extended or contracted annually,

18

automatically by regulations promulgated by the secretary in

19

accordance with the following procedure: for calendar year one

20

thousand nine hundred seventy-two and for all subsequent

21

calendar years, to a point where the maximum weekly benefit rate

22

[equals] shall equal sixty-six and two-thirds per centum of the

23

average weekly wage for the [twelve-month] thirty-six-month 

24

period ending June 30 preceding each calendar year. If the

25

maximum weekly benefit rate is not a multiple of one dollar

26

($1), it shall be [increased by one dollar ($1) and then] 

27

rounded to the next lower multiple of one dollar ($1): Provided,

28

however, That effective with benefit years beginning the first

29

Sunday at least thirty days after the effective date of this

30

amendatory act, the per centum stated in this paragraph for

- 23 -

 


1

establishing the maximum weekly benefit rate shall be sixty-two

2

and two-thirds per centum for the remainder of calendar year one

3

thousand nine hundred seventy-four, sixty-four and two-thirds

4

per centum for the calendar year one thousand nine hundred

5

seventy-five, and sixty-six and two-thirds per centum for the

6

calendar year one thousand nine hundred seventy-six and for all

7

subsequent calendar years.

8

The Table Specified for the Determination of Rate and Amount

9

of Benefits as so extended or contracted shall be effective only

10

for those claimants whose benefit years begin on or after the

11

first day of January of such calendar year.

12

(ii)  For the purpose of determining the maximum weekly

13

benefit rate, the Pennsylvania average weekly wage in covered

14

employment shall be computed on the basis of the average annual 

15

total wages reported (irrespective of the limit on the amount of

16

wages subject to contributions) for the [twelve-month] thirty-

17

six-month period ending June 30 (determined by dividing the

18

total wages reported for the thirty-six-month period by three) 

19

and this amount shall be divided by the average monthly number

20

of covered workers (determined by dividing the total covered

21

employment reported for the same [fiscal year by twelve] thirty-

22

six-month period by thirty-six) to determine the average annual

23

wage. The average annual wage thus obtained shall be divided by

24

fifty-two and the average weekly wage thus determined rounded to

25

the nearest cent. If the maximum weekly benefit rate as

<--

26

determined under subclause (i) is less than the maximum weekly

27

benefit rate established for calendar year 2012, the maximum

28

weekly benefit rate will be frozen until the calendar year in

29

which the new maximum weekly benefit rate as determined under

30

subclause (i) exceeds the maximum weekly benefit rate for

- 24 -

 


1

calendar year 2012. For the calendar year 2012, the maximum

<--

2

weekly benefit rate shall be frozen at the rate calculated for

3

calendar year 2011.

4

(iii)  Notwithstanding the provisions of subclause (i), the 

<--

5

for the calendar year 2012, the maximum weekly benefit rate

<--

6

shall be frozen at the rate calculated for calendar year 2011.

7

Thereafter, the maximum weekly benefit rate established:

8

(A)  For calendar year 2013, shall be no greater than a one

9

per centum (1%) increase above the calendar year 2012 rate.

10

(B)  For calendar year 2014, shall be no greater than a one

11

and one-tenth per centum (1.1%) increase above the calendar year

12

2013 rate.

13

(C)  For calendar year 2015, shall be no greater than a one

14

and two-tenths per centum (1.2%) increase above the calendar

15

year 2014 rate.

16

(D)  For calendar year 2016, shall be no greater than a one

17

and three-tenths per centum (1.3%) increase above the calendar

18

year 2015 rate.

19

(E)  For calendar year 2017, shall be no greater than one and

20

four-tenths per centum (1.4%) increase above the calendar year

21

2016 rate.

22

(F)  For calendar year 2018, shall be no greater increase

23

than one and five-tenths per centum (1.5%) increase above the

24

calendar year 2017 rate.

25

The limitations instituted for calendar years 2013 through 2018

26

shall expire on the earlier to occur of December 31, 2018 or the

27

last day of the calendar year in which the unemployment

28

Compensation trust fund does not have an outstanding solvency-

<--

29

based debt to the United States government.

30

(iv)  If the change implemented by the freeze in calendar

<--

- 25 -

 


1

year 2012 is determined by the department, in an official notice

2

to the General Assembly, to result in the loss of funds under

3

the American Recovery and Reinvestment Act of 2009 (Public Law

4

111-5, 123 Stat. 115), the schedule under subclause (iii) shall

5

occur one year later and the expiration of the limitations set

6

forth in subclause (iii) shall occur one year later.

7

* * *

8

Section 6.  Section 401-A(b) and (c) of the act, amended

9

August 4, 2009 (P.L.114, No.30), are amended to read:

10

Section 401-A.  Definitions.--As used in this article:

11

* * *

12

(b)  (1)  There is a "State 'on' indicator" for this State

13

for a week if the Secretary of Labor and Industry determines in

14

accordance with the regulations of the United States Secretary

15

of Labor, that for the period consisting of such week and the

16

immediately preceding twelve weeks, the rate of insured

17

unemployment (not seasonally adjusted) under this act:

18

(i)  (A)  equaled or exceeded one hundred twenty per centum

19

of the average of such rates for the corresponding thirteen-week

20

period ending in each of the preceding two calendar years, or

21

(B)  with respect to compensation for weeks of unemployment

22

beginning after December 17, 2010, and ending on or before

23

December 31, 2011, equaled or exceeded one hundred twenty per

24

centum of the average of such rates for the corresponding

25

thirteen-week period ending in each of the preceding three

26

calendar years, and

27

(ii)  equaled or exceeded five per centum: Provided, That

28

with respect to benefits for weeks of unemployment beginning

29

with the passage of this amendment but no earlier than April 3,

30

1977, the determination of whether there has been a State "on"

- 26 -

 


1

or "off" indicator beginning or ending any extended benefit

2

period shall be made under this paragraph as if (A) this

3

paragraph did not contain subparagraph (i) thereof, and (B) the

4

per centum rate indicated in this paragraph were six, except

5

that, notwithstanding any such provision of this paragraph, any

6

week for which there would otherwise be a State "on" indicator

7

shall continue to be such a week and shall not be determined to

8

be a week for which there is a State "off" indicator.

9

(2)  There is a "State 'off' indicator" for this State for a

10

week if the Secretary of Labor and Industry determines in

11

accordance with the regulations of the United States Secretary

12

of Labor, that for the period consisting of such week and the

13

immediately preceding twelve weeks, the rate of insured

14

unemployment (not seasonally adjusted) under this act:

15

(i)  was less than one hundred twenty per centum of the

16

average of such rates for the corresponding thirteen-week period

17

ending in each of the preceding two calendar years, if paragraph

18

(1)(i)(A) applies or, the preceding three calendar years, if

19

paragraph (1)(i)(B) applies, or

20

(ii)  was less than five per centum.

21

(3)  Notwithstanding the provisions of this subsection, any

22

week for which there would otherwise be a State "on" indicator

23

shall continue to be such a week and shall not be determined to

24

be a week for which there is a State "off" indicator.

25

(c)  (1)  There is a "State 'on' indicator" for this State

26

for a week if:

27

(i)  the average rate of total unemployment in this State,

28

seasonally adjusted, for the period consisting of the most

29

recent three months for which data for all states are published

30

before the close of such week equals or exceeds six and one-half

- 27 -

 


1

per centum; and

2

(ii)  (A)  the average rate of total unemployment in this

3

State, seasonally adjusted, for the three-month period referred

4

to in subparagraph (i) equals or exceeds one hundred ten per

5

centum of such average rate for either, or both, of the

6

corresponding three-month periods ending in the two preceding

7

calendar years, or

8

(B)  with respect to compensation for weeks of unemployment

9

beginning after December 17, 2010, and ending on or before

10

December 31, 2011, the average rate of total unemployment in

11

this State, seasonally adjusted, for the three-month period

12

referred to in subparagraph (i) equals or exceeds one hundred

13

ten per centum of such average rate for any, or all, of the

14

corresponding three-month periods ending in the three preceding

15

calendar years.

16

(2)  There is a State "off" indicator for this State for a

17

week if the requirements of paragraph (1)(i) or (ii) are not

18

satisfied.

19

(3)  This subsection shall be applicable only with respect to

20

weeks of unemployment for which one hundred per centum Federal

21

sharing of extended benefits is available under section 2005(a)

22

of the American Recovery and Reinvestment Act of 2009 (Public

23

Law 111-5, 123 Stat. 115), without regard to the extension of

24

Federal sharing for certain claims as provided under section

25

2005(c) of the American Recovery and Reinvestment Act of 2009,

26

or under a subsequently enacted provision of Federal law.

27

(4)  Notwithstanding the provisions of this subsection, any

28

week for which there would otherwise be a State "on" indicator

29

shall continue to be such a week and shall not be determined to

30

be a week for which there is a State "off" indicator.

- 28 -

 


1

(5)  For purposes of this subsection, determinations of the

2

rate of total unemployment for any period, and of any seasonal

3

adjustment, shall be made by the United States Secretary of

4

Labor.

5

* * *

6

Section 7.  Section 505 of the act, amended April 23, 1942

7

(Sp.Sess., P.L.60, No.23), is amended to read:

8

Section 505.  Rules of Procedure.--The manner in which

9

appeals shall be taken, the reports thereon required from the

10

department, the claimant and employers, and the conduct of

11

hearings and appeals, shall be in accordance with rules of

12

procedure prescribed by the board whether or not such rules

13

conform to common law or statutory rules of evidence and other

14

technical rules of procedure. Rules established by the board

15

shall permit either party to a hearing to testify via telephone,

16

without regard to distance of hearing location from either

17

party.

18

When the same or substantially similar evidence is relevant

19

and material to the matter in issue in applications and claims

20

filed by more than one individual or in multiple applications

21

and claims filed by a single individual the same time and place

22

for considering each such application and claim may be fixed,

23

hearings thereon jointly conducted, a single record of the

24

proceedings made and evidence introduced with respect to any

25

application or claim considered as introduced with respect to

26

all of such applications or claims: Provided, That in the

27

judgment of the board or referee having jurisdiction of the

28

proceeding such consideration will not be prejudicial to any

29

party.

30

Section 8.  The act is amended by adding an article to read:

- 29 -

 


1

ARTICLE XIII

2

SHARED-WORK PROGRAM

3

Section 1301.  Definitions.

4

The following words and phrases when used in this act shall

5

have the meanings given to them in this section unless the

6

context clearly indicates otherwise:

7

"Affected unit."  A department, shift or other organizational

8

unit of two or more employees that is designated by an employer

9

to participate in a shared-work plan.

10

"Approved shared-work plan."  An employer's shared-work plan

11

which meets the requirements of section 1303 and which the

12

department approves in writing.

13

"Fringe benefit."  Health insurance, a retirement benefit

14

received under a pension plan, a paid vacation day, a paid

15

holiday, sick leave and any other similar employee benefit

16

provided by an employer.

17

"Participating employee."  An employee in the affected unit

18

whose hours of work are reduced by the reduction percentage

19

under the shared-work plan.

20

"Participating employer."  An employer who has a shared-work

21

plan in effect.

22

"Reduction percentage."  The percentage by which each

23

participating employee's normal weekly hours of work are reduced

24

under a shared-work plan in accordance with section 1303(b).

25

"Shared-work plan."  A plan for reducing unemployment under

26

which participating employees of an affected unit share the work

27

remaining after reduction in their normal weekly hours of work.

28

Section 1302.  Application to approve a shared-work plan.

29

(a)  Requirements.--An employer that meets all of the

30

following requirements may apply to the department for approval

- 30 -

 


1

of a shared-work plan:

2

(1)  The employer has filed all quarterly reports and

3

other reports required under this act and has paid all

4

contribution, reimbursement, interest and penalty due through

5

the date of the employer's application.

6

(2)  If the employer is contributory, the employer's

7

reserve account balance as of the most recent computation

8

date preceding the date of the employer's application is a

9

positive number.

10

(3)  The employer has paid wages for the 12 consecutive

11

calendar quarters preceding the date of the employer's

12

application.

13

(b)  Application.--An application under this section shall be

14

made in the manner prescribed by the department and contain all

15

information required by the department, including the following:

16

(1)  The employer's assurance that it will provide

17

reports to the department relating to the operation of its

18

shared-work plan at the times and in the manner prescribed by

19

the department and containing all information required by the

20

department, including the number of hours worked each week by

21

participating employees.

22

(2)  The employer's assurance that it will not hire new

23

employees in, or transfer employees to, the affected unit

24

during the effective period of the shared-work plan.

25

(3)  The employer's assurance that it will not lay off

26

participating employees during the effective period of the

27

shared-work plan, or reduce participating employees' hours of

28

work by more than the reduction percentage during the

29

effective period of the shared-work plan, except in cases of

30

holidays, designated vacation periods, equipment maintenance 

- 31 -

 


1

or similar circumstances.

2

(4)  A list of the week or weeks within the requested

3

effective period of the shared-work plan during which

4

participating employees are anticipated to work fewer hours

5

than the number of hours determined under section 1303(a)(5)

6

due to circumstances included in paragraph (3).

7

(5)  The employer's certification that the implementation

8

of a shared-work plan is in lieu of temporary layoffs that

9

would affect at least 10% of the employees in the affected

10

unit and would result in an equivalent reduction in work

11

hours.

12

(6)  The employer's assurance that it will abide by all

13

terms and conditions of this article.

14

(c)  Multiple shared-work plans.--An employer may apply to

15

the department for approval of more than one shared-work plan.

16

Section 1303.  Shared-work plan requirements.

17

(a)  General rule.--The department may approve a shared-work

18

plan only if the plan meets all of the following requirements:

19

(1)  The shared-work plan applies to one affected unit.

20

(2)  All employees in the affected unit are participating

21

employees, except that the following employees may not be

22

participating employees:

23

(i)  An employee who has been employed in the

24

affected unit for less than three months prior to the

25

date the employer applies for approval of the shared-work

26

plan.

27

(ii)  An employee whose hours of work per week

28

determined under paragraph (5) is 40 or more hours.

29

(3)  There are no fewer than two participating employees,

30

determined without regard to corporate officers.

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1

(4)  The participating employees are identified by name

2

and Social Security number.

3

(5)  The number of hours a participating employee will

4

work each week during the effective period of the shared-work

5

plan is determined by the following formula:

6

employee's normal weekly hours of 

7

work x (100% - reduction percentage)

8

(6)  As a result of a decrease in the number of hours

9

worked by each participating employee, there is a

10

corresponding reduction in wages.

11

(7)  If any participating employee is covered by a

12

collective bargaining agreement, the shared-work plan is

13

approved in writing by the collective bargaining

14

representative.

15

(8)  The shared-work plan does not affect the fringe

16

benefits of any participating employee not covered by a

17

collective bargaining agreement.

18

(9)  The effective period of the shared-work plan is not

19

more than 52 consecutive weeks.

20

(10)  The effective period of the shared-work plan

21

combined with effective periods of the participating

22

employer's prior shared-work plans does not equal more than

23

104 weeks out of a 156-week period.

24

(11)  The reduction percentage satisfies the requirements

25

of subsection (b).

26

(b)  Reduction percentage.--The reduction percentage under an

27

approved shared-work plan shall meet all of the following

28

requirements:

29

(1)  The reduction percentage shall be no less than 20%

30

and no more than 40%.

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1

(2)  The reduction percentage shall be the same for all

2

participating employees.

3

(3)  The reduction percentage shall not change during the

4

period of the shared-work plan unless the plan is modified in

5

accordance with section 1308.

6

Section 1304.  Approval or disapproval of shared-work plan.

7

The department shall approve or disapprove a shared-work plan

8

no later than 15 days after the date the employer's shared-work

9

plan application that meets the requirements of section 1302(b)

10

is received by the department. The department's decision shall

11

be made in writing and, if the shared-work plan is disapproved,

12

shall include the reasons for the disapproval.

13

Section 1305.  Effective period of shared-work plan.

14

(a)  Number of weeks.--A shared-work plan is effective for

15

the number of consecutive weeks indicated in the employer's

16

application, or a lesser number of weeks as approved by the

17

department, unless sooner terminated in accordance with section

18

1309.

19

(b)  Start date.--The effective period of the shared-work

20

plan shall begin with the first calendar week following the date

21

on which the department approves the plan.

22

Section 1306.  Criteria for compensation.

23

(a)  General rule.--Compensation shall be payable to a

24

participating employee for a week within the effective period of

25

an approved shared-work plan during which the employee works the

26

number of hours determined under section 1303(a)(5) for the

27

participating employer on the same terms, in the same amount and

28

subject to the same conditions that would apply to the

29

participating employee without regard to this article, except as

30

follows:

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1

(1)  A participating employee shall not be required to be

2

unemployed within the meaning of section 4(u) or file claims

3

for compensation under section 401(c).

4

(2)  Notwithstanding section 404(d)(1), a participating

5

employee shall be paid compensation in an amount equal to the

6

product of his weekly benefit rate and the reduction

7

percentage, rounded to the next lower whole dollar amount.

8

(3)  The department shall not deny compensation to a

9

participating employee for any week during the effective

10

period of the shared-work plan by reason of the application

11

of any provision of this act relating to active search for

12

work or refusal to apply for or accept work other than work

13

offered by the participating employer.

14

(4)  A participating employee satisfies the requirements

15

of section 401(d)(1) if the employee is able to work and is

16

available for the employee's normal weekly hours of work with

17

the participating employer.

18

(b)  Equivalent remuneration.--For purposes of subsection

19

(a), if a participating employee works fewer hours than the

20

number of hours determined under section 1303(a)(5) for the

21

participating employer during a week within the effective period

22

of the approved shared-work plan, but receives remuneration

23

equal to remuneration the employee would have received if the

24

employee had worked the number of hours determined under section

25

1303(a)(5), the employee will be deemed to have worked the

26

number of hours determined under section 1303(a)(5) during that

27

week.

28

(c)  Inapplicability of article.--A participating employee's

29

eligibility for compensation for a week within the effective

30

period of an approved shared-work plan shall be determined

- 35 -

 


1

without regard to this article under any of the following

2

circumstances:

3

(1)  The employee works fewer hours than the number of

4

hours determined under section 1303(a)(5) for the

5

participating employer during the week and subsection (b)

6

does not apply.

7

(2)  The employee works more hours than the number of

8

hours determined under section 1303(a)(5) for the

9

participating employer during the week.

10

(3)  The employee receives remuneration for the week from

11

the participating employer for hours in excess of the number

12

of hours determined under section 1303(a)(5).

13

Section 1307.  Participating employer responsibilities.

14

(a)  Filing claims.--The department shall establish a

15

schedule of consecutive two-week periods within the effective

16

period of the shared-work plan. The department may, as

17

necessary, include one-week periods in the schedule and revise

18

the schedule. At the end of each scheduled period, the

19

participating employer shall file claims for compensation for

20

the week or weeks within the period on behalf of the

21

participating employees. The claims shall be filed no later than

22

the last day of the week immediately following the period,

23

unless an extension of time is granted by the department for

24

good cause. The claims shall be filed in the manner prescribed

25

by the department and shall contain all information required by

26

the department to determine the eligibility of the participating

27

employees for compensation.

28

(b)  Benefit charges.--Notwithstanding any other provision of

29

this act, compensation paid to participating employees for weeks

30

within the effective period of an approved shared-work plan will

- 36 -

 


1

be charged to the participating employer.

2

Section 1308.  Modification of an approved shared-work plan.

3

An employer may apply to the department for approval to

4

modify an approved shared-work plan to meet changed conditions.

5

The department shall reevaluate the plan and may approve the

6

modified plan if it meets the requirements for approval under

7

section 1303. If the modifications cause the shared-work plan to

8

fail to meet the requirements for approval, the department shall

9

disapprove the proposed modifications.

10

Section 1309.  Termination of an approved shared-work plan.

11

(a)  General rule.--The secretary may terminate an approved 

12

shared-work plan for good cause.

13

(b)  Good cause.--For purposes of subsection (a), good cause

14

includes any of the following:

15

(1)  The approved shared-work plan is not being executed

16

according to its approved terms and conditions.

17

(2)  The participating employer fails to comply with the

18

assurances given in the approved shared-work plan.

19

(3)  The participating employer or a participating

20

employee violates any criteria on which approval of the

21

shared-work plan was based.

22

(c)  Termination by employer.--The employer may terminate an

23

approved shared-work plan by written notice to the department.

24

Section 1310.  Department discretion.

25

The decision to approve or disapprove a shared-work plan, to

26

approve or disapprove a modification of an approved shared-work

27

plan or to terminate an approved shared-work plan will be made

28

within the department's discretion. Such decisions are not

29

subject to the appeal provisions of Article V.

30

Section 1311.  Publication of notice.

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1

The department shall transmit to the Legislative Reference

2

Bureau for publication in the Pennsylvania Bulletin notice that

3

the provisions of this article have been approved by the United

4

States Department of Labor as required under section 3304(a)(4)

5

(E) of the Federal Unemployment Tax Act (Public Law 86-778, 26

6

U.S.C. § 3304(a)(4)(E)) and section 303(a)(5) of the Social

7

Security Act (49 Stat. 620, 42 U.S.C. § 503(a)(5)).

8

Section 1312.  Severability.

9

Notwithstanding any other section of this act, if any

10

provision or provisions of this article cause the United States

11

Department of Labor to withhold approval of this article as

12

required under section 3304(a)(4)(E) of the Federal Unemployment

13

Tax Act (Public Law 86-778, 26 U.S.C. § 3304(a)(4)(E)) and

14

section 303(a)(5) of the Social Security Act (49 Stat. 620, 42

15

U.S.C. § 503(a)(5)), the department is authorized to permanently

16

suspend the provision or provisions.

17

Section 1313.  Expiration.

18

This article shall expire five years from its effective date.

19

Section 9.  This act shall apply as follows:

20

(1)  The amendment or addition of sections 213, 302 and

21

302.1, other than section 302.1(c) of the act, shall apply to 

<--

22

charges for compensation corresponding to benefit years that

23

begin on and after the effective date of sections 213, 302

24

and 302.1 of the act.

25

(2)  The addition of section 302.1(c)(1) and (2) of the

26

act shall apply to notices of determination regarding

27

eligibility for benefits that are issued on or after the date

28

of implementation of the Department of Labor and Industry's

29

system to provide relief from charges without an employer

30

request, as announced by the Secretary of Labor and Industry

- 38 -

 


1

in a notice published in the Pennsylvania Bulletin. The

2

addition of section 302.1(c)(3) shall apply to relief from

3

charges that is granted on or after such implementation date.

4

(3)  The amendment of section 401(b) of the act shall 

<--

5

apply to benefit years that begin on or after January 1,

<--

6

2012.

7

(4)  The amendment of section 404, other than the

<--

8

amendment of section 404(d)(1) 404(c) and (d)(1) and the

<--

9

addition of section 404(d)(1.1) of the act, shall apply to 

<--

10

the determination of the maximum weekly benefit rate for

11

benefit years that begin on or after January 1, 2013.

12

(5) (4)  The amendment or addition of section 404(d)(1)

<--

13

and (1.1) of the act shall apply to benefit years that begin

14

on or after the effective date of section 404(d)(1) and

<--

15

(1.1).

16

(6) (5)  The amendment or addition of section 404(d)(1)

<--

17

and (1.1) of the act shall not apply to severance pay

18

agreements that were agreed to by an employer and employee

19

prior to the effective date of this section section 404(d)(1)

<--

20

and (1.1).

21

(7)  The amendment of section 4(g.1) and 404(a) of the

<--

22

act shall apply to benefit years that begin on or after July

23

1, 2012.

24

(8)  The amendment of section 404 (c) of the act shall

25

apply to benefit years that begin on or after January 1,

26

2013.

27

(9)  The amendment of section 402(b) and (e) of the act

28

are applicable to initial claims filed on or after January 1,

29

2012.

30

(6)  The amendment of sections 4(g.1) and 404(a) of the

<--

- 39 -

 


1

act shall apply to benefit years that begin on or after

2

January 1, 2013.

3

(7)  The amendment of section 404(c) of the act shall

4

apply to benefit years that begin on or after January 1,

5

2015.

6

Section 10.  The amendment of section 401-A(b) and (c) of the 

<--

7

act shall apply retroactively to December 18, 2010.

8

Section 11.  This act shall take effect as follows:

9

(1)  The amendment of section 404(e)(2) of the act shall

<--

10

take effect immediately.

11

(1.1)  The amendment of section 401(b) sections 401(b)

<--

12

and 404(d) of the act shall take effect January 1, 2012.

<--

13

(1.1)  The amendment of sections 4(g.1) and 404(a) of the

<--

14

act shall take effect July 1, 2012.

15

(2)  The amendment of section sections 4(g.1) and 404 

<--

16

introductory paragraph and subsection subsections (c) and (e)

<--

17

(2) subsection (A) 404(a) of the act shall take effect

<--

18

January 1, 2013.

19

(2.1)  The amendment of section 404(c) of the act shall

<--

20

take effect January 1, 2015.

21

(3)  This Sections 9 and 10 and this section shall take

<--

22

effect immediately.

23

(4)  The addition of Article XIII of the act section 1311

<--

24

of the act shall take effect immediately. The remainder of

25

Article XIII of the act being added shall take effect upon

26

publication in the Pennsylvania Bulletin of the notice

27

required under section 1311 of the act or July 1, 2011,

28

whichever occurs later.

29

(5)  The remainder of this act shall take effect in 60

30

days.

- 40 -