H1852B3094A08876     DMS:SRA  02/15/12     #90        A08876

  

  

  

  

AMENDMENTS TO HOUSE BILL NO. 1852

Printer's No. 3094

  

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Amend Bill, page 1, line 16, by inserting after

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"definitions,"

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for relief from charges,

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Amend Bill, page 1, line 18, by inserting after

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"compensation,"

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for ineligibility for compensation,

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Amend Bill, page 2, by inserting between lines 29 and 30

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Section 2.  Section 302.1(a)(1) and (c)(1) of the act, added

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June 17, 2011 (P.L.16, No.6), are amended to read:

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Section 302.1.  Relief from Charges.--Notwithstanding any

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other provisions of this act assigning charges for compensation

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paid to employes, the department shall relieve an employer of

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charges for compensation in accordance with this section and

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section 213 of this act.

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(a)  Circumstances allowing relief:

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

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for an employer due to being discharged for willful misconduct

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

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

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being separated from such work under conditions which would

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result in disqualification for benefits under the provisions of

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section 3 or 402(e.1) and (e.2) of this act, the employer shall

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be relieved of charges for compensation paid to the individual

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with respect to any week of unemployment occurring subsequent to

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such separation. Relief from charges under this paragraph

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terminates if the employe returns to work for the employer.

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* * *

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(c)  Relief from charges without a request:

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(1)  If a claimant is determined ineligible for benefits

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under section 3 or 402(b), (e) [or], (e.1) or (e.2) of this act

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pursuant to a notice of determination that has become final, the

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department shall grant relief from charges in accordance with

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subsection (a)(1) to the employer from whom the claimant was

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separated, beginning with the earliest week for which the

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claimant is eligible for benefits following the week or weeks

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governed by the notice of determination.

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* * *

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Amend Bill, page 2, line 30, by striking out "2" and

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inserting

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 3

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Amend Bill, page 3, line 10, by striking out "3" and

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inserting

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 4

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Amend Bill, page 3, line 18, by inserting after "402(e.1)"

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 and (e.2)

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Amend Bill, page 3, by inserting between lines 27 and 28

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Section 5.  Section 402 of the act is amended by adding a

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subsection to read:

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Section 402.  Ineligibility for Compensation.--An employe

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shall be ineligible for compensation for any week--

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* * *

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(e.2)  In which his unemployment is due to discharge or

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temporary suspension from work for any of the following reasons:

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(1)  Disregard of any reasonable workplace rule or work-

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related government regulation or law of which the employe was

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aware.

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(2)  The deliberate damage to property of the employer or

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

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employe's property.

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(3)  Threatening a coworker or supervisor with physical harm

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or threatening to harm the interests of the employer.

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(4)  Disregard of a supervisor's reasonable directives or

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orders or acts of negligence which indicate substantial

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disregard for the employer's interests.

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(5)  Failure to maintain a valid license or certificate that

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has been issued by a Federal or Commonwealth agency or political

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subdivision and which is a requirement of employment, unless

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such failure was for reasons beyond the control of the employe.

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* * *

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Amend Bill, page 3, line 28, by striking out "4" and

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inserting

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 6

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Amend Bill, page 6, line 10, by striking out "5" and

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inserting

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 7

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Amend Bill, page 7, line 13, by striking out "6" and

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inserting

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 8

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Amend Bill, page 7, line 26, by striking out "7" and

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inserting

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 9

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Amend Bill, page 8, line 20, by striking out "8" and

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inserting

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 10

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Amend Bill, page 9, by inserting between lines 1 and 2

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(4)  The addition of section 402(e.2) of the act shall

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apply to initial claims filed on or after July 1, 2012.

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Amend Bill, page 9, line 2, by striking out "(4)" and

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inserting

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 (5)

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Amend Bill, page 9, line 5, by striking out "(5)" and

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inserting

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 (6)

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Amend Bill, page 9, line 9, by striking out "(6)" and

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inserting

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 (7)

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Amend Bill, page 9, line 12, by striking out "(7)" and

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inserting

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 (8)

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Amend Bill, page 9, line 15, by striking out "(8)" and

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inserting

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 (9)

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Amend Bill, page 9, line 18, by striking out "9" and

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inserting

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