See other bills
under the
same topic
                                                      PRINTER'S NO. 1723

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1375 Session of 2007


        INTRODUCED BY SAYLOR, METCALFE, PYLE, TURZAI, BOYD, DENLINGER,
           EVERETT, GILLESPIE, GINGRICH, HORNAMAN, HUTCHINSON,
           W. KELLER, KORTZ, MAHONEY, MARSHALL, MARSICO, McILHATTAN,
           R. MILLER, MOUL, MOYER, PEIFER, PICKETT, REICHLEY, SWANGER
           AND WATSON, MAY 29, 2007

        REFERRED TO COMMITTEE ON LABOR RELATIONS, MAY 29, 2007

                                     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, for determination of contribution rate and
    17     experience rating, for qualifications required to secure
    18     compensation and for rate and amount of compensation.

    19     The General Assembly of the Commonwealth of Pennsylvania
    20  hereby enacts as follows:
    21     Section 1.  Section 4(a) and (t) of the act of December 5,
    22  1936 (2nd Sp.Sess., 1937 P.L.2897, No.1), known as the
    23  Unemployment Compensation Law, amended May 23, 1949 (P.L.1738,
    24  No.530) and July 10, 1980 (P.L.521, No.108), are amended and the


     1  section is amended by adding a definition to read:
     2     Section 4.  Definitions.--The following words and phrases, as
     3  used in this act, shall have the following meanings, unless the
     4  context clearly requires otherwise.
     5     (a)  "Average working wage" means the qualifying total base
     6  year wages of an employe divided by the total number of credit
     7  weeks in the base year, regardless of any limit on the number of
     8  credit weeks used to qualify for or calculate benefits.
     9     [(a)] (a.1)  "Base year" means the first four of the last
    10  five completed calendar quarters immediately preceding the first
    11  day of an individual's benefit year.
    12     * * *
    13     (t)  "Suitable Work" means all work which the employe is
    14  capable of performing. In determining whether or not any work is
    15  suitable for an individual, the department shall consider the
    16  degree of risk involved to his health, safety and morals, his
    17  physical fitness, prior training and experience, and the
    18  distance of the available work from his residence. The
    19  department shall also consider among other factors the length of
    20  time he has been unemployed and the reasons therefor, the
    21  prospect of obtaining local work in his customary occupation,
    22  his previous earnings, the prevailing condition of the labor
    23  market generally and particularly in his usual trade or
    24  occupation, prevailing wage rates in his usual trade or
    25  occupation, and the permanency of his residence. However, after
    26  ten weeks of collecting unemployment compensation, the term
    27  "suitable work" shall mean any work which is within the
    28  individual's capabilities and pays wages not less than the
    29  higher of the minimum wage under section 6(a)(1) of the Fair
    30  Labor Standards Act of 1938 (52 Stat. 1060, 29 U.S.C. §
    20070H1375B1723                  - 2 -     

     1  206(a)(1)) or the minimum wage under section 4 of the act of
     2  January 17, 1968 (P.L.11, No.5), known as "The Minimum Wage Act
     3  of 1968": Provided, however, That the gross average weekly
     4  remuneration payable for the work must exceed the sum of the
     5  individual's weekly benefit amount and the amount, if any, of
     6  supplemental unemployment benefits, as defined in section
     7  501(c)(17)(D) of the Internal Revenue Code of 1954 (68A Stat. 3,
     8  26 U.S.C. § 501(c)(17)(D)), payable to the individual for the
     9  week; Provided further, That, notwithstanding any other
    10  provisions of this subsection no work shall be deemed suitable
    11  in which (1) the position offered is vacant, due directly to a
    12  strike, lockout, or other labor dispute, or (2) the
    13  remuneration, hours or other conditions of the work offered are
    14  substantially less favorable to the employe than those
    15  prevailing for similar work in the locality, or (3) as a
    16  condition of being employed, the employe would be required to
    17  join a company union, or to resign from, or refrain from
    18  joining, any bona fide labor organization.
    19     * * *
    20     Section 2.  Section 301.1(c)(1) and (e) of the act, amended
    21  July 21, 1983 (P.L.68, No.30), are amended to read:
    22     Section 301.1.  Determination of Contribution Rate;
    23  Experience Rating.--
    24     * * *
    25     (c)  (1)  When, as of the computation date, there is a
    26  credit, zero or debit balance in such employer's reserve
    27  account, which balance shall include (i) contributions with
    28  respect to the period ending on the computation date and paid on
    29  or before September fifteenth immediately following such
    30  computation date, (ii) benefits paid on or before computation
    20070H1375B1723                  - 3 -     

     1  date, and shall also include any voluntary payments made in
     2  accordance with subsection (b) of section 302 of this act, his
     3  Reserve Ratio Factor for the respective calendar year thereafter
     4  shall be as set forth in the table below.
     5                               [Table
     6                 Reserve Ratio Factor - 1984 Rates
     7     Employers Reserve Account as a                      Reserve
     8         Percentage of Taxable Wages                  Ratio Factor
     9  Greater than 25%                                           0.0
    10  Greater than or equal to 22% but less than 25%             0.1
    11  Greater than or equal to 19% but less than 22%             0.2
    12  Greater than or equal to 16% but less than 19%             0.3
    13  Greater than or equal to 13% but less than 16%             0.4
    14  Greater than or equal to 10% but less than 13%             0.5
    15  Greater than or equal to  7% but less than 10%             0.6
    16  Greater than or equal to  4% but less than  7%             0.7
    17  Greater than or equal to  3% but less than  4%             0.8
    18  Greater than or equal to  2% but less than  3%             0.9
    19  Greater than or equal to  0% but less than  2%             1.0
    20  Less than 0% but greater than -2%                          1.1
    21  Less than or equal to  -2% but greater than  -4%           1.2
    22  Less than or equal to  -4% but greater than  -6%           1.3
    23  Less than or equal to  -6% but greater than  -8%           1.4
    24  Less than or equal to  -8% but greater than -10%           1.5
    25  Less than or equal to -10% but greater than -12%           1.6
    26  Less than or equal to -12% but greater than -14%           1.7
    27  Less than or equal to -14% but greater than -16%           1.8
    28  Less than or equal to -16% but greater than -18%           1.9
    29  Less than or equal to -18% or lower                        2.0
    30                               Table
    20070H1375B1723                  - 4 -     

     1                 Reserve Ratio Factor - 1985 Rates
     2     Employers Reserve Account as a                      Reserve
     3         Percentage of Taxable Wages                  Ratio Factor
     4  Greater than 25%                                           0.0
     5  Greater than or equal to 21% but less than 25%             0.1
     6  Greater than or equal to 18% but less than 21%             0.2
     7  Greater than or equal to 15% but less than 18%             0.3
     8  Greater than or equal to 12% but less than 15%             0.4
     9  Greater than or equal to  9% but less than 12%             0.5
    10  Greater than or equal to  7% but less than  9%             0.6
    11  Greater than or equal to  5% but less than  7%             0.7
    12  Greater than or equal to  3% but less than  5%             0.8
    13  Greater than or equal to  1% but less than  3%             0.9
    14  Greater than or equal to  0% but less than  1%             1.0
    15  Less than 0% but greater than -1%                          1.1
    16  Less than or equal to  -1% but greater than  -2%           1.2
    17  Less than or equal to  -2% but greater than  -3%           1.3
    18  Less than or equal to  -3% but greater than  -4%           1.4
    19  Less than or equal to  -4% but greater than  -5%           1.5
    20  Less than or equal to  -5% but greater than  -6%           1.6
    21  Less than or equal to  -6% but greater than  -7%           1.7
    22  Less than or equal to  -7% but greater than  -8%           1.8
    23  Less than or equal to  -8% but greater than  -9%           1.9
    24  Less than or equal to  -9% but greater than -10%           2.0
    25  Less than or equal to -10% but greater than -15%           2.1
    26  Less than or equal to -15% but greater than -20%           2.2
    27  Less than or equal to -20% or lower                        2.3]
    28                               Table
    29  Reserve Ratio Factor - 1986 [and thereafter] through 2007 Rates
    30     Employers Reserve Account as a                      Reserve
    20070H1375B1723                  - 5 -     

     1         Percentage of Taxable Wages                  Ratio Factor
     2  Greater than 25%                                           0.0
     3  Greater than or equal to 21% but less than 25%             0.3
     4  Greater than or equal to 18% but less than 21%             0.4
     5  Greater than or equal to 15% but less than 18%             0.5
     6  Greater than or equal to 12% but less than 15%             0.6
     7  Greater than or equal to  9% but less than 12%             0.7
     8  Greater than or equal to  7% but less than  9%             0.8
     9  Greater than or equal to  5% but less than  7%             0.9
    10  Greater than or equal to  3% but less than  5%             1.0
    11  Greater than or equal to  1% but less than  3%             1.1
    12  Greater than or equal to  0% but less than  1%             1.2
    13  Less than 0% but greater than -1%                          1.3
    14  Less than or equal to  -1% but greater than  -2%           1.4
    15  Less than or equal to  -2% but greater than  -3%           1.5
    16  Less than or equal to  -3% but greater than  -4%           1.6
    17  Less than or equal to  -4% but greater than  -5%           1.7
    18  Less than or equal to  -5% but greater than  -6%           1.8
    19  Less than or equal to  -6% but greater than  -7%           1.9
    20  Less than or equal to  -7% but greater than  -8%           2.0
    21  Less than or equal to  -8% but greater than  -9%           2.1
    22  Less than or equal to  -9% but greater than -10%           2.2
    23  Less than or equal to -10% but greater than -11%           2.3
    24  Less than or equal to -11% but greater than -12%           2.4
    25  Less than or equal to -12% but greater than -16%           2.5
    26  Less than or equal to -16% but greater than -20%           2.6
    27  Less than or equal to -20% or lower                        2.7
    28                               Table
    29          Reserve Ratio Factor - 2008 and thereafter Rates
    30     Employers Reserve Account as a                      Reserve
    20070H1375B1723                  - 6 -     

     1         Percentage of Taxable Wages                  Ratio Factor
     2  Greater than 100%                                         -0.4
     3  Greater than or equal to 75% but less than 100%           -0.3
     4  Greater than or equal to 50% but less than 75%            -0.2
     5  Greater than or equal to 25% but less than 50%             0.0
     6  Greater than or equal to 21% but less than 25%             0.3
     7  Greater than or equal to 18% but less than 21%             0.4
     8  Greater than or equal to 15% but less than 18%             0.5
     9  Greater than or equal to 12% but less than 15%             0.6
    10  Greater than or equal to  9% but less than 12%             0.7
    11  Greater than or equal to  7% but less than  9%             0.8
    12  Greater than or equal to  5% but less than  7%             0.9
    13  Greater than or equal to  3% but less than  5%             1.0
    14  Greater than or equal to  1% but less than  3%             1.1
    15  Greater than or equal to  0% but less than  1%             1.2
    16  Less than 0% but greater than -1%                          1.3
    17  Less than or equal to  -1% but greater than  -2%           1.4
    18  Less than or equal to  -2% but greater than  -3%           1.5
    19  Less than or equal to  -3% but greater than  -4%           1.6
    20  Less than or equal to  -4% but greater than  -5%           1.7
    21  Less than or equal to  -5% but greater than  -6%           1.8
    22  Less than or equal to  -6% but greater than  -7%           1.9
    23  Less than or equal to  -7% but greater than  -8%           2.0
    24  Less than or equal to  -8% but greater than  -9%           2.1
    25  Less than or equal to  -9% but greater than -10%           2.2
    26  Less than or equal to -10% but greater than -11%           2.3
    27  Less than or equal to -11% but greater than -12%           2.4
    28  Less than or equal to -12% but greater than -16%           2.5
    29  Less than or equal to -16% but greater than -20%           2.6
    30  Less than or equal to -20% or lower                        2.7
    20070H1375B1723                  - 7 -     

     1     * * *
     2     (e)  The State Adjustment Factor for the calendar year
     3  beginning January 1, 1984, shall be one and five-tenths per
     4  centum (1.5%) and thereafter shall be computed as of the
     5  computation date for such year to a tenth of a per centum,
     6  rounding all fractional parts of a tenth of a per centum to the
     7  nearest tenth of a per centum, but in no event less than zero
     8  nor in excess of one and five-tenths per centum (1.5%),
     9  according to the following formula:
    10     Bdr - Dcr
    11  ----------------------  X 100 = State Adjustment Factor
    12         Wt
    13  in which factor "Bdr" equals the aggregate of (1) all benefits
    14  paid but not charged to employers' accounts, plus, (2) all
    15  benefits paid and charged to inactive and terminated employers'
    16  accounts, plus, (3) all benefits paid and charged to accounts of
    17  active employers for the preceding year to the extent such
    18  benefits exceed the combined amount of contributions payable by
    19  such employers on the basis of the Benefit Ratio Factor and the
    20  Reserve Ratio Factor. Factor "Dcr" equals the aggregate of (1)
    21  interest credited to the Unemployment Compensation Fund, plus,
    22  (2) amounts transferred from the Special Administration Fund and
    23  the Interest Fund to the Unemployment Compensation Fund, plus,
    24  (3) refunds of benefits unlawfully paid, plus, (4) amounts
    25  credited to the Unemployment Compensation Fund by the Federal
    26  Government other than by loan, except that any amount credited
    27  to this Commonwealth's account under section 903 of the Federal
    28  Social Security Act which has been appropriated for expenses of
    29  administration shall be excluded from the amount in the
    30  Unemployment Compensation Fund in the computation of the "Dcr"
    20070H1375B1723                  - 8 -     

     1  factor. Factor "Wt" equals all wages subject to the law up to
     2  the limitation described in section 4(x)(1) paid by all
     3  employers. Each item in each factor shall be computed with
     4  respect to the twelve-month period ending on the computation
     5  date: Provided, That should the computed State Adjustment Factor
     6  for calendar year 1984, and any year thereafter exceed one and
     7  five-tenths per centum (1.5%), such excess over one and five-
     8  tenths per centum (1.5%) shall be added to the computed State
     9  Adjustment Factor for the following year or years. Any account
    10  carryover prior to 2008 shall not be included in the
    11  calculations for 2008 or thereafter.
    12     * * *
    13     Section 3.  Section 401(f) of the act, amended December 9,
    14  2002 (P.L.1330, No.156), is amended to read:
    15     Section 401.  Qualifications Required to Secure
    16  Compensation.--Compensation shall be payable to any employe who
    17  is or becomes unemployed, and who--
    18     * * *
    19     (f)  Has earned, subsequent to his separation from work under
    20  circumstances which are disqualifying under the provisions of
    21  subsections 402(b), 402(e), 402(e.1) and 402(h) of this act,
    22  remuneration for services in an amount equal to or in excess of
    23  [six (6)] ten (10) times his weekly benefit rate [irrespective
    24  of whether or not such services were] in "employment" as defined
    25  in this act[.] and earned wages for "employment" as defined in
    26  this act, in ten (10) separate "weeks." The provisions of this
    27  subsection shall not apply to a suspension of work by an
    28  individual pursuant to a leave of absence granted by his last
    29  employer, provided such individual has made a reasonable effort
    30  to return to work with such employer upon the expiration of his
    20070H1375B1723                  - 9 -     

     1  leave of absence.
     2     * * *
     3     Section 4.  Section 404 introductory paragraph, (a), (c),
     4  (d)(1) and (e)(1) and (2) of the act, amended March 24, 1964
     5  (Sp.Sess., P.L.53, No.1), July 17, 1968 (P.L.21, No.6), July 10,
     6  1980 (P.L.521, No.108), July 21, 1983 (P.L.68, No.30), October
     7  19, 1988 (P.L.818, No.109) and December 16, 2005 (P.L.437,
     8  No.80), is amended to read:
     9     Section 404.  Rate and Amount of Compensation.--Compensation
    10  shall be paid to each eligible employe in accordance with the
    11  following provisions of this section except that compensation
    12  payable with respect to weeks ending in benefit years which
    13  begin prior to the first day of January [1989] 2008 shall be
    14  paid on the basis of the provisions of this section in effect at
    15  the beginning of such benefit years.
    16     (a)  [(1)]  The employe's weekly benefit rate shall be
    17  computed as [(1) the amount appearing in Part B of the Table
    18  Specified for the Determination of Rate and Amount of Benefits
    19  on the line on which in Part A there appears his "highest
    20  quarterly wage," or (2)] fifty per centum (50%) of his [full-
    21  time weekly] average working wage[, whichever is greater.] in
    22  the employe's base year: Provided the employe's base year wages
    23  are sufficient to qualify for the minimum weekly benefit of
    24  thirty-five dollars ($35) or more. If the employe's weekly
    25  benefit rate is not a multiple of one dollar ($1), it shall be
    26  rounded to the next lower multiple of one dollar ($1).
    27     [(2)  If the base year wages of an employe whose weekly
    28  benefit rate has been determined under clause (2) of paragraph
    29  (1) of this subsection are insufficient to qualify him under
    30  subsection (c) of this section, his weekly benefit rate shall be
    20070H1375B1723                 - 10 -     

     1  redetermined under clause (1) of paragraph (1) of this
     2  subsection.
     3     (3)  If the base year wages of an employe whose weekly
     4  benefit rate has been determined under clause (1) of paragraph
     5  (1) of this subsection, or redetermined under paragraph (2) of
     6  this subsection, as the case may be, are insufficient to qualify
     7  him under subsection (c) of this section but are sufficient to
     8  qualify him for any one of the next three lower weekly benefit
     9  rates, his weekly benefit rate shall be redetermined at the
    10  highest of such next lower rates.]
    11     * * *
    12     (c)  [Any] The total amount of benefits to which an otherwise
    13  eligible employe [who has base year wages in an amount equal to,
    14  or in excess, of the amount of qualifying wages appearing in
    15  Part C of the Table Specified for the Determination of Rate and
    16  Amount of Benefits on the line on which in Part B there appears]
    17  is entitled his weekly benefit rate, as determined under
    18  subsection (a) of this section, [shall be entitled during his
    19  benefit year to the amount appearing in Part D on said line]
    20  multiplied by the number of qualifying credit weeks during his
    21  base year, up to a maximum of twenty-six (26): Provided he had
    22  eighteen (18) or more "credit weeks" during his base year [or
    23  Part E provided he had sixteen (16) or seventeen (17) "credit
    24  weeks" during his base year]. Notwithstanding any other
    25  provision of this act, any employe with less than [sixteen (16)]
    26  eighteen (18) "credit weeks" during the employe's base year
    27  shall be ineligible to receive any amount of compensation.
    28     (d)  (1)  Notwithstanding any other provisions of this
    29  section each eligible employe who is unemployed with respect to
    30  any week ending subsequent to July 1, 1980 shall be paid, with
    20070H1375B1723                 - 11 -     

     1  respect to such week, compensation in an amount equal to his
     2  weekly benefit rate less the total of all of the following:
     3     (i)  [the] The remuneration, if any, paid or payable to him
     4  with respect to such week for services performed which is in
     5  excess of his partial benefit credit [and].
     6     (ii)  [vacation] Vacation pay, if any, which is in excess of
     7  his partial benefit credit, except when paid to an employe who
     8  is permanently or indefinitely separated from his employment.
     9     (iii)  Severance pay. For purposes of this subclause, all of
    10  the following apply:
    11     (A)  Severance pay is attributed to the day, days, week or
    12  weeks immediately following the employe's separation.
    13     (B)  The number of days or weeks to which severance pay is
    14  attributed is determined by dividing the total amount of
    15  severance pay by the regular full-time daily or weekly wage of
    16  the claimant.
    17     (C)  The amount of severance pay attributed to each day or
    18  week equals the regular full-time daily or weekly wage of the
    19  claimant.
    20     (D)  When the attribution of severance pay is made on the
    21  basis of the number of days, the pay shall be attributed to the
    22  customary working days in the calendar week.
    23     * * *
    24          (e)  [(1)  Table Specified for the Determination of
    25                    Rate and Amount of Benefits

    26  Part A
    27  Highest        Part B      Part C      Part D      Part E
    28  Quarterly      Rate of   Qualifying  Amount of Compensation
    29    Wage      Compensation   Wages
    20070H1375B1723                 - 12 -     

     1  $ 800-812       $35       $1320       $ 910       $ 560
     2    813-837        36        1360         936         576
     3    838-862        37        1400         962         592
     4    863-887        38        1440         988         608
     5    888-912        39        1480        1014         624
     6    913-937        40        1520        1040         640
     7    938-962        41        1560        1066         656
     8    963-987        42        1600        1092         672
     9    988-1012       43        1640        1118         688
    10   1013-1037       44        1680        1144         704
    11   1038-1062       45        1720        1170         720
    12   1063-1087       46        1760        1196         736
    13   1088-1112       47        1800        1222         752
    14   1113-1162       48        1840        1248         768
    15   1163-1187       49        1880        1274         784
    16   1188-1212       50        1920        1300         800
    17   1213-1237       51        1960        1326         816
    18   1238-1262       52        2000        1352         832
    19   1263-1287       53        2040        1378         848
    20   1288-1312       54        2080        1404         864
    21   1313-1337       55        2120        1430         880
    22   1338-1362       56        2160        1456         896
    23   1363-1387       57        2200        1482         912
    24   1388-1412       58        2240        1508         928
    25   1413-1437       59        2280        1534         944
    26   1438-1462       60        2320        1560         960
    27   1463-1487       61        2360        1586         976
    28   1488-1512       62        2400        1612         992
    29   1513-1537       63        2440        1638        1008
    30   1538-1562       64        2480        1664        1024
    20070H1375B1723                 - 13 -     

     1   1563-1587       65        2520        1690        1040
     2   1588-1612       66        2560        1716        1056
     3   1613-1637       67        2600        1742        1072
     4   1638-1662       68        2640        1768        1088
     5   1663-1687       69        2680        1794        1104
     6   1688-1712       70        2720        1820        1120
     7   1713-1737       71        2760        1846        1136
     8   1738-1762       72        2800        1872        1152
     9   1763-1787       73        2840        1898        1168
    10   1788-1812       74        2880        1924        1184
    11   1813-1837       75        2920        1950        1200
    12   1838-1862       76        2960        1976        1216
    13   1863-1887       77        3000        2002        1232
    14   1888-1912       78        3040        2028        1248
    15   1913-1937       79        3080        2054        1264
    16   1938-1962       80        3120        2080        1280
    17   1963-1987       81        3160        2106        1296
    18   1988-2012       82        3200        2132        1312
    19   2013-2037       83        3240        2158        1328
    20   2038-2062       84        3280        2184        1344
    21   2063-2087       85        3320        2210        1360
    22   2088-2112       86        3360        2236        1376
    23   2113-2137       87        3400        2262        1392
    24   2138-2162       88        3440        2288        1408
    25   2163-2187       89        3480        2314        1424
    26   2188-2212       90        3520        2340        1440
    27   2213-2237       91        3560        2366        1456
    28   2238-2262       92        3600        2392        1472
    29   2263-2287       93        3640        2418        1488
    30   2288-2312       94        3680        2444        1504
    20070H1375B1723                 - 14 -     

     1   2313-2337       95        3720        2470        1520
     2   2338-2362       96        3760        2496        1536
     3   2363-2387       97        3800        2522        1552
     4   2388-2412       98        3840        2558        1568
     5   2413-2437       99        3880        2574        1584
     6   2438-2462      100        3920        2600        1600
     7   2463-2487      101        3960        2626        1616
     8   2488-2512      102        4000        2652        1632
     9   2513-2537      103        4040        2678        1648
    10   2538-2562      104        4080        2704        1664
    11   2563-2587      105        4120        2730        1680
    12   2588-2612      106        4160        2756        1696
    13   2613-2637      107        4200        2782        1712
    14   2638-2662      108        4240        2808        1728
    15   2663-2687      109        4280        2834        1744
    16   2688-2712      110        4320        2860        1760
    17   2713-2737      111        4360        2886        1776
    18   2738-2762      112        4400        2912        1792
    19   2763-2787      113        4440        2938        1808
    20   2788-2812      114        4480        2964        1824
    21   2813-2837      115        4520        2990        1840
    22   2838-2862      116        4560        3016        1856
    23   2863-2887      117        4600        3042        1872
    24   2888-2912      118        4640        3068        1888
    25   2913-2937      119        4680        3094        1904
    26   2938-2962      120        4720        3120        1920
    27   2963-2987      121        4760        3146        1936
    28   2988-3012      122        4800        3172        1952
    29   3013-3037      123        4840        3198        1968
    30   3038-3062      124        4880        3224        1984
    20070H1375B1723                 - 15 -     

     1   3063-3087      125        4920        3250        2000
     2   3088-3112      126        4960        3276        2016
     3   3113-3137      127        5000        3302        2032
     4   3138-3162      128        5040        3328        2048
     5   3163-3187      129        5080        3354        2064
     6   3188-3212      130        5120        3380        2080
     7   3213-3237      131        5160        3406        2096
     8   3238-3262      132        5200        3432        2112
     9   3263-3287      133        5240        3458        2128
    10   3288-3312      134        5280        3484        2144
    11   3313-3337      135        5320        3510        2160
    12   3338-3362      136        5360        3536        2176
    13   3363-3387      137        5400        3562        2192
    14   3388-3412      138        5440        3588        2208
    15   3413-3437      139        5480        3614        2224
    16   3438-3462      140        5520        3640        2240
    17   3463-3487      141        5560        3666        2256
    18   3488-3512      142        5600        3692        2272
    19   3513-3537      143        5640        3718        2288
    20   3538-3562      144        5680        3744        2304
    21   3563-3587      145        5720        3770        2320
    22   3588-3612      146        5760        3796        2336
    23   3613-3637      147        5800        3822        2352
    24   3638-3662      148        5840        3848        2368
    25   3663-3687      149        5880        3874        2384
    26   3688-3712      150        5920        3900        2400
    27   3713-3737      151        5960        3926        2416
    28   3738-3762      152        6000        3952        2432
    29   3763-3787      153        6040        3978        2448
    30   3788-3812      154        6080        4004        2464
    20070H1375B1723                 - 16 -     

     1   3813-3837      155        6120        4030        2480
     2   3838-3862      156        6160        4056        2496
     3   3863-3887      157        6200        4082        2512
     4   3888-3912      158        6240        4108        2528
     5   3913-3937      159        6280        4134        2544
     6   3938-3962      160        6320        4170        2560
     7   3963-3987      161        6360        4196        2576
     8   3988-4012      162        6400        4212        2592
     9   4013-4037      163        6440        4238        2608
    10   4038-4062      164        6480        4264        2624
    11   4063-4087      165        6520        4290        2640
    12   4088-4112      166        6560        4316        2656
    13   4113-4137      167        6600        4342        2672
    14   4138-4162      168        6640        4368        2688
    15   4163-4187      169        6680        4394        2704
    16   4188-4212      170        6720        4420        2720
    17   4213-4237      171        6760        4446        2736
    18   4238-4262      172        6800        4472        2752
    19   4263-4287      173        6840        4498        2768
    20   4288-4312      174        6880        4524        2784
    21   4313-4337      175        6920        4550        2800
    22   4338-4362      176        6960        4576        2816
    23   4363-4387      177        7000        4602        2832
    24   4388-4412      178        7040        4628        2848
    25   4413-4437      179        7080        4654        2864
    26   4438-4462      180        7120        4680        2880
    27   4463-4487      181        7160        4706        2896
    28   4488-4512      182        7200        4732        2912
    29   4513-4537      183        7240        4758        2928
    30   4538-4562      184        7280        4784        2944
    20070H1375B1723                 - 17 -     

     1   4563-4587      185        7320        4810        2960
     2   4588-4612      186        7360        4836        2976
     3   4613-4637      187        7400        4862        2992
     4   4638-4662      188        7440        4888        3008
     5   4663-4687      189        7480        4914        3024
     6   4688-4712      190        7520        4940        3040
     7   4713-4737      191        7560        4966        3056
     8   4738-4762      192        7600        4992        3072
     9   4763-4787      193        7640        5018        3088
    10   4788-4812      194        7680        5044        3104
    11   4813-4837      195        7720        5070        3120
    12   4838-4862      196        7760        5096        3136
    13   4863-4887      197        7800        5122        3152
    14   4888-4912      198        7840        5148        3168
    15   4913-4937      199        7880        5174        3184
    16   4938-4962      200        7920        5200        3200
    17   4963-4987      201        7960        5226        3216
    18   4988-5012      202        8000        5252        3232
    19   5013-5037      203        8040        5278        3248
    20   5038-5062      204        8080        5304        3264
    21   5063 or more   205       *8120        5330        3280
    22  *(this figure subject to section 401(a)).]
    23     (2)  (i)  The [Table Specified for the Determination of Rate
    24  and Amount of Benefits shall be extended or contracted annually,
    25  automatically by regulations promulgated by the secretary in
    26  accordance with the following procedure: for calendar year one
    27  thousand nine hundred seventy-two and for all subsequent
    28  calendar years, to a point where the] maximum weekly benefit
    29  rate [equals] shall equal sixty-six and two-thirds per centum of
    30  the average weekly wage for the [twelve-month] thirty-six-month
    20070H1375B1723                 - 18 -     

     1  period ending June 30 preceding each calendar year. If the
     2  maximum weekly benefit rate is not a multiple of one dollar
     3  ($1), it shall be [increased by one dollar ($1) and then]
     4  rounded to the next lower multiple of one dollar ($1).[:
     5  Provided, however, That effective with benefit years beginning
     6  the first Sunday at least thirty days after the effective date
     7  of this amendatory act, the per centum stated in this paragraph
     8  for establishing the maximum weekly benefit rate shall be sixty-
     9  two and two-thirds per centum for the remainder of calendar year
    10  one thousand nine hundred seventy-four, sixty-four and two-
    11  thirds per centum for the calendar year one thousand nine
    12  hundred seventy-five, and sixty-six and two-thirds per centum
    13  for the calendar year one thousand nine hundred seventy-six and
    14  for all subsequent calendar years.
    15     The Table Specified for the Determination of Rate and Amount
    16  of Benefits as so extended or contracted shall be effective only
    17  for those claimants whose benefit years begin on or after the
    18  first day of January of such calendar year.]
    19     (ii)  For the purpose of determining the maximum weekly
    20  benefit rate, the Pennsylvania average weekly wage in covered
    21  employment shall be computed on the basis of the total wages
    22  reported (irrespective of the limit on the amount of wages
    23  subject to contributions) for the [twelve-month] thirty-six-
    24  month period ending June 30 and this amount shall be divided by
    25  the average monthly number of covered workers (determined by
    26  dividing the total covered employment reported for the same
    27  [fiscal year by twelve] thirty-six-month period by thirty-six)
    28  to determine the average annual wage. The average annual wage
    29  thus obtained shall be divided by fifty-two and the average
    30  weekly wage thus determined rounded to the nearest cent. If the
    20070H1375B1723                 - 19 -     

     1  maximum weekly benefit rate as determined under paragraph (i) of
     2  this subsection is less than the maximum weekly benefit rate
     3  established for calendar year 2007, the maximum weekly benefit
     4  rate will be frozen until the calendar year in which the new
     5  maximum weekly benefit rate as determined under paragraph (i) of
     6  this subsection exceeds the maximum weekly benefit rate for
     7  calendar year 2007.
     8     * * *
     9     Section 5.  This act shall take effect immediately.














    D24L43VDL/20070H1375B1723       - 20 -