PRINTER'S NO. 4063
No. 2728 Session of 2002
INTRODUCED BY SAYLOR, MARSICO, COY, LEH, ROHRER, METCALFE,
ARMSTRONG, M. BAKER, BASTIAN, BENNINGHOFF, BIRMELIN,
CAPPELLI, CLYMER, L. I. COHEN, CREIGHTON, DAILEY, EGOLF,
FAIRCHILD, FLEAGLE, FORCIER, GABIG, GEIST, HERMAN, HERSHEY,
HESS, KREBS, LEWIS, MACKERETH, MAHER, MAITLAND, McGILL,
McNAUGHTON, R. MILLER, NAILOR, PHILLIPS, ROSS, RUBLEY,
SATHER, SCHULER, SEMMEL, B. SMITH, STABACK, STEIL, STERN,
R. STEVENSON, E. Z. TAYLOR, TULLI, TURZAI, WILT AND ZUG,
JUNE 19, 2002
REFERRED TO COMMITTEE ON LABOR RELATIONS, JUNE 19, 2002
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; providing for referral for suitable work; and
17 further providing for determination of contribution rate and
18 experience rating, for establishment and maintenance of
19 employer's reserve accounts, for qualifications required to
20 secure compensation, for ineligibility for compensation, for
21 eligibility of officers of a corporation deemed to be self-
22 employed persons, for rate and amount of compensation, for
23 determination of compensatory appeals, for decision of
24 referee and further appeals and reviews, for rules of
25 procedure and for finality of decisions.
26 The General Assembly of the Commonwealth of Pennsylvania
1 hereby enacts as follows:
2 Section 1. Section 4(a), (t) and (w)(2) of the act of
3 December 5, 1936 (2nd Sp.Sess., 1937 P.L.2897, No.1), known as
4 the Unemployment Compensation Law, amended May 23, 1949
5 (P.L.1738, No.530), September 27, 1971 (P.L.460, No.108) and
6 July 10, 1980 (P.L.521, No.108), is amended and the section is
7 amended by adding a definition to read:
8 Section 4. Definitions.--The following words and phrases, as
9 used in this act, shall have the following meanings, unless the
10 context clearly requires otherwise.
11 (a) "Average working wage" means the qualifying total base
12 year wages of an employe divided by the total number of credit
13 weeks in the base year, regardless of any limit on the number of
14 credit weeks used to qualify for or calculate benefits.
15 [(a)] (a.1) "Base year" means the first four of the last
16 five completed calendar quarters immediately preceding the first
17 day of an individual's benefit year.
18 * * *
19 (t) "Suitable Work" means all work which the employe is
20 capable of performing. In determining whether or not any work is
21 suitable for an individual, the department shall consider the
22 degree of risk involved to his health, safety and morals, his
23 physical fitness, prior training and experience, and the
24 distance of the available work from his residence. The
25 department shall also consider among other factors the length of
26 time he has been unemployed and the reasons therefor, the
27 prospect of obtaining local work in his customary occupation,
28 his previous earnings, the prevailing condition of the labor
29 market generally and particularly in his usual trade or
30 occupation, prevailing wage rates in his usual trade or
20020H2728B4063 - 2 -
1 occupation, and the permanency of his residence. However, after
2 ten weeks of collecting unemployment compensation, the term
3 "suitable work" shall mean any work which is within the
4 individual's capabilities and pays wages not less than the
5 higher of the minimum wage under section 6(a)(1) of the Fair
6 Labor Standards Act of 1938 (52 Stat. 1060, 29 U.S.C. §
7 601(a)(1)) or the minimum wage under section 4 of the act of
8 January 17, 1968 (P.L.11, No.5), known as "The Minimum Wage Act
9 of 1968": Provided, however, That the gross average weekly
10 remuneration payable for the work must exceed the sum of the
11 individual's weekly benefit amount and the amount, if any, of
12 supplemental unemployment benefits, as defined in section
13 501(c)(17)(D) of the Internal Revenue Code of 1954 (68A Stat. 3,
14 26 U.S.C. § 501(c)(17)(D)), payable to the individual for the
15 week; Provided further, That, notwithstanding any other
16 provisions of this subsection no work shall be deemed suitable
17 in which (1) the position offered is vacant, due directly to a
18 strike, lockout, or other labor dispute, or (2) the
19 remuneration, hours or other conditions of the work offered are
20 substantially less favorable to the employe than those
21 prevailing for similar work in the locality, or (3) as a
22 condition of being employed, the employe would be required to
23 join a company union, or to resign from, or refrain from
24 joining, any bona fide labor organization.
25 * * *
26 (w) * * *
27 (2) An application for benefits filed after the termination
28 of a preceding benefit year by an individual shall not be
29 considered a Valid Application for Benefits within the meaning
30 of this subsection, unless such individual has, subsequent to
20020H2728B4063 - 3 -
1 the beginning of such preceding benefit year and prior to the
2 filing of such application, worked and earned wages, [whether or
3 not such work is] in "employment" as defined in this act in an
4 amount equal to or in excess of [six (6)] ten (10) times his
5 weekly benefit rate in effect during such preceding benefit
6 year[.] and worked and earned wages, in "employment" as defined
7 in this act, in ten (10) separate weeks.
8 * * *
9 Section 2. The act is amended by adding a section to read:
10 Section 212. Referral for Suitable Work.--The employment
11 offices, job centers and the telephone service centers shall
12 automatically refer all claimants entitled to regular benefits
13 or extended benefits to suitable work via the job centers and
14 the career link offices in the county in which the claimant
15 resides.
16 Section 3. Section 301.1(c)(1) and (e) of the act, amended
17 July 21, 1983 (P.L.68, No.30), are amended to read:
18 Section 301.1. Determination of Contribution Rate;
19 Experience Rating.--
20 * * *
21 (c) (1) When, as of the computation date, there is a
22 credit, zero or debit balance in such employer's reserve
23 account, which balance shall include (i) contributions with
24 respect to the period ending on the computation date and paid on
25 or before September fifteenth immediately following such
26 computation date, (ii) benefits paid on or before computation
27 date, and shall also include any voluntary payments made in
28 accordance with subsection (b) of section 302 of this act, his
29 Reserve Ratio Factor for the respective calendar year thereafter
30 shall be as set forth in the table below.
20020H2728B4063 - 4 -
1 [Table
2 Reserve Ratio Factor - 1984 Rates
3 Employers Reserve Account as a Reserve
4 Percentage of Taxable Wages Ratio Factor
5 Greater than 25% 0.0
6 Greater than or equal to 22% but less than 25% 0.1
7 Greater than or equal to 19% but less than 22% 0.2
8 Greater than or equal to 16% but less than 19% 0.3
9 Greater than or equal to 13% but less than 16% 0.4
10 Greater than or equal to 10% but less than 13% 0.5
11 Greater than or equal to 7% but less than 10% 0.6
12 Greater than or equal to 4% but less than 7% 0.7
13 Greater than or equal to 3% but less than 4% 0.8
14 Greater than or equal to 2% but less than 3% 0.9
15 Greater than or equal to 0% but less than 2% 1.0
16 Less than 0% but greater than -2% 1.1
17 Less than or equal to -2% but greater than -4% 1.2
18 Less than or equal to -4% but greater than -6% 1.3
19 Less than or equal to -6% but greater than -8% 1.4
20 Less than or equal to -8% but greater than -10% 1.5
21 Less than or equal to -10% but greater than -12% 1.6
22 Less than or equal to -12% but greater than -14% 1.7
23 Less than or equal to -14% but greater than -16% 1.8
24 Less than or equal to -16% but greater than -18% 1.9
25 Less than or equal to -18% or lower 2.0
26 Table
27 Reserve Ratio Factor - 1985 Rates
28 Employers Reserve Account as a Reserve
29 Percentage of Taxable Wages Ratio Factor
30 Greater than 25% 0.0
20020H2728B4063 - 5 -
1 Greater than or equal to 21% but less than 25% 0.1
2 Greater than or equal to 18% but less than 21% 0.2
3 Greater than or equal to 15% but less than 18% 0.3
4 Greater than or equal to 12% but less than 15% 0.4
5 Greater than or equal to 9% but less than 12% 0.5
6 Greater than or equal to 7% but less than 9% 0.6
7 Greater than or equal to 5% but less than 7% 0.7
8 Greater than or equal to 3% but less than 5% 0.8
9 Greater than or equal to 1% but less than 3% 0.9
10 Greater than or equal to 0% but less than 1% 1.0
11 Less than 0% but greater than -1% 1.1
12 Less than or equal to -1% but greater than -2% 1.2
13 Less than or equal to -2% but greater than -3% 1.3
14 Less than or equal to -3% but greater than -4% 1.4
15 Less than or equal to -4% but greater than -5% 1.5
16 Less than or equal to -5% but greater than -6% 1.6
17 Less than or equal to -6% but greater than -7% 1.7
18 Less than or equal to -7% but greater than -8% 1.8
19 Less than or equal to -8% but greater than -9% 1.9
20 Less than or equal to -9% but greater than -10% 2.0
21 Less than or equal to -10% but greater than -15% 2.1
22 Less than or equal to -15% but greater than -20% 2.2
23 Less than or equal to -20% or lower 2.3]
24 Table
25 Reserve Ratio Factor - 1986 [and thereafter] through 2001 Rates
26 Employers Reserve Account as a Reserve
27 Percentage of Taxable Wages Ratio Factor
28 Greater than 25% 0.0
29 Greater than or equal to 21% but less than 25% 0.3
30 Greater than or equal to 18% but less than 21% 0.4
20020H2728B4063 - 6 -
1 Greater than or equal to 15% but less than 18% 0.5
2 Greater than or equal to 12% but less than 15% 0.6
3 Greater than or equal to 9% but less than 12% 0.7
4 Greater than or equal to 7% but less than 9% 0.8
5 Greater than or equal to 5% but less than 7% 0.9
6 Greater than or equal to 3% but less than 5% 1.0
7 Greater than or equal to 1% but less than 3% 1.1
8 Greater than or equal to 0% but less than 1% 1.2
9 Less than 0% but greater than -1% 1.3
10 Less than or equal to -1% but greater than -2% 1.4
11 Less than or equal to -2% but greater than -3% 1.5
12 Less than or equal to -3% but greater than -4% 1.6
13 Less than or equal to -4% but greater than -5% 1.7
14 Less than or equal to -5% but greater than -6% 1.8
15 Less than or equal to -6% but greater than -7% 1.9
16 Less than or equal to -7% but greater than -8% 2.0
17 Less than or equal to -8% but greater than -9% 2.1
18 Less than or equal to -9% but greater than -10% 2.2
19 Less than or equal to -10% but greater than -11% 2.3
20 Less than or equal to -11% but greater than -12% 2.4
21 Less than or equal to -12% but greater than -16% 2.5
22 Less than or equal to -16% but greater than -20% 2.6
23 Less than or equal to -20% or lower 2.7
24 Table
25 Reserve Ratio Factor - 2002 and thereafter Rates
26 Employers Reserve Account as a Reserve
27 Percentage of Taxable Wages Ratio Factor
28 Greater than 100% -0.4
29 Greater than or equal to 75% but less than 100% -0.3
30 Greater than or equal to 50% but less than 75% -0.2
20020H2728B4063 - 7 -
1 Greater than or equal to 25% but less than 50% 0.0
2 Greater than or equal to 21% but less than 25% 0.3
3 Greater than or equal to 18% but less than 21% 0.4
4 Greater than or equal to 15% but less than 18% 0.5
5 Greater than or equal to 12% but less than 15% 0.6
6 Greater than or equal to 9% but less than 12% 0.7
7 Greater than or equal to 7% but less than 9% 0.8
8 Greater than or equal to 5% but less than 7% 0.9
9 Greater than or equal to 3% but less than 5% 1.0
10 Greater than or equal to 1% but less than 3% 1.1
11 Greater than or equal to 0% but less than 1% 1.2
12 Less than 0% but greater than -1% 1.3
13 Less than or equal to -1% but greater than -2% 1.4
14 Less than or equal to -2% but greater than -3% 1.5
15 Less than or equal to -3% but greater than -4% 1.6
16 Less than or equal to -4% but greater than -5% 1.7
17 Less than or equal to -5% but greater than -6% 1.8
18 Less than or equal to -6% but greater than -7% 1.9
19 Less than or equal to -7% but greater than -8% 2.0
20 Less than or equal to -8% but greater than -9% 2.1
21 Less than or equal to -9% but greater than -10% 2.2
22 Less than or equal to -10% but greater than -11% 2.3
23 Less than or equal to -11% but greater than -12% 2.4
24 Less than or equal to -12% but greater than -16% 2.5
25 Less than or equal to -16% but greater than -20% 2.6
26 Less than or equal to -20% or lower 2.7
27 * * *
28 (e) The State Adjustment Factor for the calendar year
29 beginning January 1, 1984, shall be one and five-tenths per
30 centum (1.5%) and thereafter shall be computed as of the
20020H2728B4063 - 8 -
1 computation date for such year to a tenth of a per centum,
2 rounding all fractional parts of a tenth of a per centum to the
3 nearest tenth of a per centum, but in no event less than zero
4 nor in excess of one and five-tenths per centum (1.5%),
5 according to the following formula:
6 Bdr - Dcr
7 ---------------------- X 100 = State Adjustment Factor
8 Wt
9 in which factor "Bdr" equals the aggregate of (1) all benefits
10 paid but not charged to employers' accounts, plus, (2) all
11 benefits paid and charged to inactive and terminated employers'
12 accounts, plus, (3) all benefits paid and charged to accounts of
13 active employers for the preceding year to the extent such
14 benefits exceed the combined amount of contributions payable by
15 such employers on the basis of the Benefit Ratio Factor and the
16 Reserve Ratio Factor. Factor "Dcr" equals the aggregate of (1)
17 interest credited to the Unemployment Compensation Fund, plus,
18 (2) amounts transferred from the Special Administration Fund and
19 the Interest Fund to the Unemployment Compensation Fund, plus,
20 (3) refunds of benefits unlawfully paid, plus, (4) amounts
21 credited to the Unemployment Compensation Fund by the Federal
22 Government other than by loan, except that any amount credited
23 to this Commonwealth's account under section 903 of the Federal
24 Social Security Act which has been appropriated for expenses of
25 administration shall be excluded from the amount in the
26 Unemployment Compensation Fund in the computation of the "Dcr"
27 factor. Factor "Wt" equals all wages subject to the law up to
28 the limitation described in section 4(x)(1) paid by all
29 employers. Each item in each factor shall be computed with
30 respect to the twelve-month period ending on the computation
20020H2728B4063 - 9 -
1 date: Provided, That should the computed State Adjustment Factor
2 for calendar year 1984, and any year thereafter exceed one and
3 five-tenths per centum (1.5%), such excess over one and five-
4 tenths per centum (1.5%) shall be added to the computed State
5 Adjustment Factor for the following year or years. Any account
6 carryover prior to 2002 shall not be included in the
7 calculations for 2002 or thereafter.
8 * * *
9 Section 4. Section 302(a)(1) of the act, amended July 21,
10 1983 (P.L.68, No.30), is amended to read:
11 Section 302. Establishment and Maintenance of Employer's
12 Reserve Accounts.--The department shall establish and maintain
13 for each employer a separate employer's reserve account in the
14 following manner:
15 (a) (1) Such account shall be credited with all
16 contributions paid by such employer for periods subsequent to
17 June thirtieth, one thousand nine hundred forty-eight. Such
18 account shall be charged with an amount determined by
19 multiplying the wages of compensated employes of such employer
20 for the twelve month period ended June thirtieth, one thousand
21 nine hundred forty-nine, by the state experience heretofore used
22 in determining rates of contributions for the year one thousand
23 nine hundred forty-nine. Subsequent to January 1, 1984, such
24 account shall be charged with all compensation, including
25 dependents' allowances, paid to each individual who received
26 from such employer wage credits constituting the base of such
27 compensation, in the proportion that such wage credits with such
28 employer bears to the total wage credits received by such
29 individual from all employers: Provided, That if the department
30 finds that such individual was separated from his most recent
20020H2728B4063 - 10 -
1 work for such employer due to being discharged for willful
2 misconduct connected with such work, or due to his leaving such
3 work without good cause attributable to his employment, or due
4 to his being separated from such work under conditions which
5 would be disqualifying for benefits under the provisions of
6 section 3, thereafter no compensation paid to such individual
7 with respect to any week of unemployment occurring subsequent to
8 such separation, which is based upon wages paid by such employer
9 with respect to employment prior to such separation, shall be
10 charged to such employer's account under the provisions of this
11 subsection (a); provided, such employer has filed a notice with
12 the department in accordance with its rules and regulations and
13 within the time limits prescribed therein; and provided if the
14 department finds that such individual's unemployment is directly
15 caused by a major natural disaster declared by the President
16 pursuant to section 102(1) of the Disaster Relief Act of 1970
17 (P.L.91-606) and such individual would have been eligible for
18 disaster unemployment assistance as provided in section 240 of
19 that act with respect to such unemployment but for the receipt
20 of unemployment compensation, no compensation paid to such
21 individual with respect to any week of unemployment occurring
22 due to such natural disaster, to a maximum of the eight weeks
23 immediately following the President's declaration of emergency,
24 shall be charged to the employer's account under the provisions
25 of this subsection.
26 * * *
27 Section 5. Section 401(f) of the act, amended September 27,
28 1971 (P.L.460, No.108), is amended to read:
29 Section 401. Qualifications Required to Secure
30 Compensation.--Compensation shall be payable to any employe who
20020H2728B4063 - 11 -
1 is or becomes unemployed, and who--
2 * * *
3 (f) Has earned, subsequent to his separation from work under
4 circumstances which are disqualifying under the provisions of
5 subsections 402(b), 402(e) and 402(h) of this act, remuneration
6 for services in an amount equal to or in excess of [six (6)] ten
7 (10) times his weekly benefit rate [irrespective of whether or
8 not such services were] in "employment" as defined in this
9 act[.] and earned wages for "employment" as defined in this act,
10 in ten (10) separate "weeks." The provisions of this subsection
11 shall not apply to a suspension of work by an individual
12 pursuant to a leave of absence granted by his last employer,
13 provided such individual has made a reasonable effort to return
14 to work with such employer upon the expiration of his leave of
15 absence.
16 * * *
17 Section 6. Section 402(b) of the act, amended October 22,
18 1981 (P.L.301, No. 106), is amended and the section is amended
19 by adding a subsection to read:
20 Section 402. Ineligibility for Compensation.--An employe
21 shall be ineligible for compensation for any week--
22 * * *
23 (b) In which his unemployment is due to voluntarily leaving
24 work without cause of a necessitous and compelling nature
25 attributable to his employment, irrespective of whether or not
26 such work is in "employment" as defined in this act: Provided,
27 That a voluntary leaving work because of a work-related
28 disability if the employer is able to provide other suitable
29 work, shall be deemed not a cause of a necessitous and
30 compelling nature attributable to his employment: And provided
20020H2728B4063 - 12 -
1 further, That no employe shall be deemed to be ineligible under
2 this subsection where as a condition of continuing in employment
3 such employe would be required to join or remain a member of a
4 company union or to resign from or refrain from joining any bona
5 fide labor organization, or to accept wages, hours or conditions
6 of employment not desired by a majority of the employes in the
7 establishment or the occupation, or would be denied the right of
8 collective bargaining under generally prevailing conditions, and
9 that in determining whether or not an employe has left his work
10 voluntarily without cause of a necessitous and compelling nature
11 attributable to his employment, the department shall give
12 consideration to the same factors, insofar as they are
13 applicable, provided, with respect to the determination of
14 suitable work under section four (t): And provided further, That
15 the provisions of this subsection shall not apply in the event
16 of a stoppage of work which exists because of a labor dispute
17 within the meaning of subsection (d). Provided further, That no
18 otherwise eligible claimant shall be denied benefits for any
19 week in which his unemployment is due to exercising the option
20 of accepting a layoff, from an available position pursuant to a
21 labor-management contract agreement, or pursuant to an
22 established employer plan, program or policy: Provided further,
23 That a claimant shall not be disqualified for voluntarily
24 leaving work, which is not suitable employment to enter training
25 approved under section 236(a)(1) of the Trade Act of 1974. For
26 purposes of this subsection the term "suitable employment" means
27 with respect to a claimant, work of a substantially equal or
28 higher skill level than the claimant's past "adversely affected
29 employment" (as defined in section 247 of the Trade Act of
30 1974), and wages for such work at not less than eighty per
20020H2728B4063 - 13 -
1 centum of the worker's "average weekly wage" (as defined in
2 section 247 of the Trade Act of 1974).
3 * * *
4 (e.1) In which his unemployment is due to his discharge or
5 temporary suspension from work due to his failure to pass a drug
6 or alcohol test administered by an independent laboratory.
7 Furthermore, the laboratory report indicating, reporting,
8 showing or demonstrating the existence or nonexistence of any
9 drug or alcohol shall be deemed as admissible evidence in and of
10 itself; and therefore, the laboratory report shall be considered
11 medical fact. No one shall have the burden of producing
12 witnesses to establish the fact of the laboratory results.
13 * * *
14 Section 7. Section 402.4(a) of the act, added July 21, 1983
15 (P.L.68, No.30), is amended to read:
16 Section 402.4. Eligibility of Officers of a Corporation
17 Deemed to be Self-Employed Persons.--(a) Notwithstanding any
18 other provision of this act, an officer of a corporation deemed
19 to be a self-employed person because he exercised a substantial
20 degree of control over the corporation and who becomes
21 unemployed due to the fact that the corporation has a cessation
22 of business through no fault of its own, such as, but not
23 limited to, a disaster or enters into involuntary bankruptcy
24 proceedings under the provisions of Chapter 7, Title 11 of the
25 United States Code shall be entitled to receive unemployment
26 compensation under this act: Provided, That the wages paid to
27 the officer of a corporation deemed to be a self-employed person
28 were mandatorily subject to this act.
29 * * *
30 Section 8. Section 404(a), (b), (c), (d)(1) and (e)(1) and
20020H2728B4063 - 14 -
1 (2) of the act, amended March 24, 1964 (Sp.Sess., P.L.53, No.1),
2 July 17, 1968 (P.L.21, No.6), July 10, 1980 (P.L.521, No.108),
3 July 21, 1983 (P.L.68, No.30) and October 19, 1988 (P.L.818,
4 No.109), is amended to read:
5 Section 404. Rate and Amount of Compensation.--Compensation
6 shall be paid to each eligible employe in accordance with the
7 following provisions of this section except that compensation
8 payable with respect to weeks ending in benefit years which
9 begin prior to the first day of January [1989] 2002 shall be
10 paid on the basis of the provisions of this section in effect at
11 the beginning of such benefit years.
12 (a) [(1)] The employe's weekly benefit rate shall be
13 computed as [(1) the amount appearing in Part B of the Table
14 Specified for the Determination of Rate and Amount of Benefits
15 on the line on which in Part A there appears his "highest
16 quarterly wage," or (2)] fifty per centum (50%) of his [full-
17 time weekly] average working wage[, whichever is greater.] in
18 the employe's base year: Provided the employe's base year wages
19 are sufficient to qualify for the minimum weekly benefit of
20 thirty-five dollars ($35) or more. 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
20020H2728B4063 - 15 -
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 (b) The "highest quarterly wages" of an employe shall be the
8 total wages (computed to the nearest dollar) which were paid to
9 such employe in that calendar quarter in which such total wages
10 were highest during the base year.]
11 (c) [Any] The total amount of benefits to which an otherwise
12 eligible employe [who has base year wages in an amount equal to,
13 or in excess, of the amount of qualifying wages appearing in
14 Part C of the Table Specified for the Determination of Rate and
15 Amount of Benefits on the line on which in Part B there appears]
16 is entitled is his weekly benefit rate, as determined under
17 subsection (a) of this section, [shall be entitled during his
18 benefit year to the amount appearing in Part D on said line]
19 multiplied by the number of qualifying credit weeks during his
20 base year, up to a maximum of twenty-six (26): Provided he had
21 eighteen (18) or more "credit weeks" during his base year [or
22 Part E provided he had sixteen (16) or seventeen (17) "credit
23 weeks" during his base year]. Notwithstanding any other
24 provision of this act, any employe with less than [sixteen (16)]
25 eighteen (18) "credit weeks" during the employe's base year
26 shall be ineligible to receive any amount of compensation.
27 (d) (1) Notwithstanding any other provisions of this
28 section each eligible employe who is unemployed with respect to
29 any week ending subsequent to [July 1, 1980] January 1, 2002,
30 shall be paid, with respect to such week, compensation in an
20020H2728B4063 - 16 -
1 amount equal to his weekly benefit rate less the total of (i)
2 the remuneration, if any, paid or payable to him with respect to
3 such week for services performed which is in excess of his
4 partial benefit credit and (ii) vacation pay, if any, which is
5 in excess of his partial benefit credit, [except when paid to an
6 employe who is permanently or indefinitely separated from his
7 employment.] and (iii) any other payment, if any, which is in
8 excess of his partial benefit credit, that the employer would be
9 required to report to the department on the quarterly report for
10 unemployment compensation, irrespective of the limit on the
11 amount of wages subject to contributions. These payments shall
12 include, but are not limited to, severance, separation or
13 termination pay paid or payable to him.
14 * * *
15 (e) [(1) Table Specified for the Determination of
16 Rate and Amount of Benefits
17 Part A
18 Highest Part B Part C Part D Part E
19 Quarterly Rate of Qualifying Amount of Compensation
20 Wage Compensation Wages
21 $ 800-812 $35 $1320 $ 910 $ 560
22 813-837 36 1360 936 576
23 838-862 37 1400 962 592
24 863-887 38 1440 988 608
25 888-912 39 1480 1014 624
26 913-937 40 1520 1040 640
27 938-962 41 1560 1066 656
28 963-987 42 1600 1092 672
29 988-1012 43 1640 1118 688
20020H2728B4063 - 17 -
1 1013-1037 44 1680 1144 704
2 1038-1062 45 1720 1170 720
3 1063-1087 46 1760 1196 736
4 1088-1112 47 1800 1222 752
5 1113-1162 48 1840 1248 768
6 1163-1187 49 1880 1274 784
7 1188-1212 50 1920 1300 800
8 1213-1237 51 1960 1326 816
9 1238-1262 52 2000 1352 832
10 1263-1287 53 2040 1378 848
11 1288-1312 54 2080 1404 864
12 1313-1337 55 2120 1430 880
13 1338-1362 56 2160 1456 896
14 1363-1387 57 2200 1482 912
15 1388-1412 58 2240 1508 928
16 1413-1437 59 2280 1534 944
17 1438-1462 60 2320 1560 960
18 1463-1487 61 2360 1586 976
19 1488-1512 62 2400 1612 992
20 1513-1537 63 2440 1638 1008
21 1538-1562 64 2480 1664 1024
22 1563-1587 65 2520 1690 1040
23 1588-1612 66 2560 1716 1056
24 1613-1637 67 2600 1742 1072
25 1638-1662 68 2640 1768 1088
26 1663-1687 69 2680 1794 1104
27 1688-1712 70 2720 1820 1120
28 1713-1737 71 2760 1846 1136
29 1738-1762 72 2800 1872 1152
30 1763-1787 73 2840 1898 1168
20020H2728B4063 - 18 -
1 1788-1812 74 2880 1924 1184
2 1813-1837 75 2920 1950 1200
3 1838-1862 76 2960 1976 1216
4 1863-1887 77 3000 2002 1232
5 1888-1912 78 3040 2028 1248
6 1913-1937 79 3080 2054 1264
7 1938-1962 80 3120 2080 1280
8 1963-1987 81 3160 2106 1296
9 1988-2012 82 3200 2132 1312
10 2013-2037 83 3240 2158 1328
11 2038-2062 84 3280 2184 1344
12 2063-2087 85 3320 2210 1360
13 2088-2112 86 3360 2236 1376
14 2113-2137 87 3400 2262 1392
15 2138-2162 88 3440 2288 1408
16 2163-2187 89 3480 2314 1424
17 2188-2212 90 3520 2340 1440
18 2213-2237 91 3560 2366 1456
19 2238-2262 92 3600 2392 1472
20 2263-2287 93 3640 2418 1488
21 2288-2312 94 3680 2444 1504
22 2313-2337 95 3720 2470 1520
23 2338-2362 96 3760 2496 1536
24 2363-2387 97 3800 2522 1552
25 2388-2412 98 3840 2558 1568
26 2413-2437 99 3880 2574 1584
27 2438-2462 100 3920 2600 1600
28 2463-2487 101 3960 2626 1616
29 2488-2512 102 4000 2652 1632
30 2513-2537 103 4040 2678 1648
20020H2728B4063 - 19 -
1 2538-2562 104 4080 2704 1664
2 2563-2587 105 4120 2730 1680
3 2588-2612 106 4160 2756 1696
4 2613-2637 107 4200 2782 1712
5 2638-2662 108 4240 2808 1728
6 2663-2687 109 4280 2834 1744
7 2688-2712 110 4320 2860 1760
8 2713-2737 111 4360 2886 1776
9 2738-2762 112 4400 2912 1792
10 2763-2787 113 4440 2938 1808
11 2788-2812 114 4480 2964 1824
12 2813-2837 115 4520 2990 1840
13 2838-2862 116 4560 3016 1856
14 2863-2887 117 4600 3042 1872
15 2888-2912 118 4640 3068 1888
16 2913-2937 119 4680 3094 1904
17 2938-2962 120 4720 3120 1920
18 2963-2987 121 4760 3146 1936
19 2988-3012 122 4800 3172 1952
20 3013-3037 123 4840 3198 1968
21 3038-3062 124 4880 3224 1984
22 3063-3087 125 4920 3250 2000
23 3088-3112 126 4960 3276 2016
24 3113-3137 127 5000 3302 2032
25 3138-3162 128 5040 3328 2048
26 3163-3187 129 5080 3354 2064
27 3188-3212 130 5120 3380 2080
28 3213-3237 131 5160 3406 2096
29 3238-3262 132 5200 3432 2112
30 3263-3287 133 5240 3458 2128
20020H2728B4063 - 20 -
1 3288-3312 134 5280 3484 2144
2 3313-3337 135 5320 3510 2160
3 3338-3362 136 5360 3536 2176
4 3363-3387 137 5400 3562 2192
5 3388-3412 138 5440 3588 2208
6 3413-3437 139 5480 3614 2224
7 3438-3462 140 5520 3640 2240
8 3463-3487 141 5560 3666 2256
9 3488-3512 142 5600 3692 2272
10 3513-3537 143 5640 3718 2288
11 3538-3562 144 5680 3744 2304
12 3563-3587 145 5720 3770 2320
13 3588-3612 146 5760 3796 2336
14 3613-3637 147 5800 3822 2352
15 3638-3662 148 5840 3848 2368
16 3663-3687 149 5880 3874 2384
17 3688-3712 150 5920 3900 2400
18 3713-3737 151 5960 3926 2416
19 3738-3762 152 6000 3952 2432
20 3763-3787 153 6040 3978 2448
21 3788-3812 154 6080 4004 2464
22 3813-3837 155 6120 4030 2480
23 3838-3862 156 6160 4056 2496
24 3863-3887 157 6200 4082 2512
25 3888-3912 158 6240 4108 2528
26 3913-3937 159 6280 4134 2544
27 3938-3962 160 6320 4170 2560
28 3963-3987 161 6360 4196 2576
29 3988-4012 162 6400 4212 2592
30 4013-4037 163 6440 4238 2608
20020H2728B4063 - 21 -
1 4038-4062 164 6480 4264 2624
2 4063-4087 165 6520 4290 2640
3 4088-4112 166 6560 4316 2656
4 4113-4137 167 6600 4342 2672
5 4138-4162 168 6640 4368 2688
6 4163-4187 169 6680 4394 2704
7 4188-4212 170 6720 4420 2720
8 4213-4237 171 6760 4446 2736
9 4238-4262 172 6800 4472 2752
10 4263-4287 173 6840 4498 2768
11 4288-4312 174 6880 4524 2784
12 4313-4337 175 6920 4550 2800
13 4338-4362 176 6960 4576 2816
14 4363-4387 177 7000 4602 2832
15 4388-4412 178 7040 4628 2848
16 4413-4437 179 7080 4654 2864
17 4438-4462 180 7120 4680 2880
18 4463-4487 181 7160 4706 2896
19 4488-4512 182 7200 4732 2912
20 4513-4537 183 7240 4758 2928
21 4538-4562 184 7280 4784 2944
22 4563-4587 185 7320 4810 2960
23 4588-4612 186 7360 4836 2976
24 4613-4637 187 7400 4862 2992
25 4638-4662 188 7440 4888 3008
26 4663-4687 189 7480 4914 3024
27 4688-4712 190 7520 4940 3040
28 4713-4737 191 7560 4966 3056
29 4738-4762 192 7600 4992 3072
30 4763-4787 193 7640 5018 3088
20020H2728B4063 - 22 -
1 4788-4812 194 7680 5044 3104
2 4813-4837 195 7720 5070 3120
3 4838-4862 196 7760 5096 3136
4 4863-4887 197 7800 5122 3152
5 4888-4912 198 7840 5148 3168
6 4913-4937 199 7880 5174 3184
7 4938-4962 200 7920 5200 3200
8 4963-4987 201 7960 5226 3216
9 4988-5012 202 8000 5252 3232
10 5013-5037 203 8040 5278 3248
11 5038-5062 204 8080 5304 3264
12 5063 or more 205 *8120 5330 3280
13 *(this figure subject to section 401(a)).]
14 (2) (i) The [Table Specified for the Determination of Rate
15 and Amount of Benefits shall be extended or contracted annually,
16 automatically by regulations promulgated by the secretary in
17 accordance with the following procedure: for calendar year one
18 thousand nine hundred seventy-two and for all subsequent
19 calendar years, to a point where the] maximum weekly benefit
20 rate [equals] shall equal sixty-six and two-thirds per centum of
21 the average weekly wage for the [twelve-month] thirty-six-month
22 period ending June 30 preceding each calendar year. If the
23 maximum weekly benefit rate is not a multiple of one dollar
24 ($1), it shall be [increased by one dollar ($1) and then]
25 rounded to the next lower multiple of one dollar ($1)[:
26 Provided, however, That effective with benefit years beginning
27 the first Sunday at least thirty days after the effective date
28 of this amendatory act, the per centum stated in this paragraph
29 for establishing the maximum weekly benefit rate shall be sixty-
30 two and two-thirds per centum for the remainder of calendar year
20020H2728B4063 - 23 -
1 one thousand nine hundred seventy-four, sixty-four and two-
2 thirds per centum for the calendar year one thousand nine
3 hundred seventy-five, and sixty-six and two-thirds per centum
4 for the calendar year one thousand nine hundred seventy-six and
5 for all subsequent calendar years.
6 The Table Specified for the Determination of Rate and Amount
7 of Benefits as so extended or contracted shall be effective only
8 for those claimants whose benefit years begin on or after the
9 first day of January of such calendar year.]
10 (ii) For the purpose of determining the maximum weekly
11 benefit rate, the Pennsylvania average weekly wage in covered
12 employment shall be computed on the basis of the total wages
13 reported (irrespective of the limit on the amount of wages
14 subject to contributions) for the [twelve-month] thirty-six-
15 month period ending June 30 and this amount shall be divided by
16 the average monthly number of covered workers (determined by
17 dividing the total covered employment reported for the same
18 [fiscal year by twelve] thirty-six-month period by thirty-six)
19 to determine the average annual wage. The average annual wage
20 thus obtained shall be divided by fifty-two and the average
21 weekly wage thus determined rounded to the nearest cent. If the
22 maximum weekly benefit rate as determined under paragraph (i) of
23 this subsection is less than the maximum weekly benefit rate
24 established for calendar year two thousand one, the maximum
25 weekly benefit rate will be frozen until the calendar year in
26 which the new maximum weekly benefit rate as determined under
27 paragraph (i) of this subsection exceeds the maximum weekly
28 benefit rate for calendar year two thousand one.
29 * * *
30 Section 9. Section 501(b) of the act, amended May 29, 1945
20020H2728B4063 - 24 -
1 (P.L.1145, No.408), is amended to read:
2 Section 501. Determination of Compensation Appeals.--* * *
3 (b) Notice shall be given in writing to the last employer of
4 the claimant stating that an application has been filed by the
5 designated employe. Furthermore, the last employer and the
6 separating employer shall be furnished a copy of any written
7 statement provided by the claimant or on the claimant's behalf,
8 relating to that individual employer's employment or separation
9 from employment of the claimant, if the employer makes such a
10 request in writing. The claimant has the same right to receive a
11 copy of any written statement provided by his last or separating
12 employer, provided he makes such written request.
13 * * *
14 Section 10. Section 502 of the act, amended July 10, 1980
15 (P.L.521, No.108), is amended to read:
16 Section 502. Decision of Referee; Further Appeals and
17 Reviews.--Where an appeal from the determination or revised
18 determination, as the case may be, of the department is taken, a
19 referee shall, after affording the parties and the department
20 reasonable opportunity for a fair hearing, affirm, modify, or
21 reverse such findings of fact and the determination or revised
22 determination, as the case may be, of the department as to him
23 shall appear just and proper. The parties and their attorneys or
24 other representatives of record and the department shall be duly
25 notified of the time and place of the referee's hearing and of
26 the referee's decision, and the reasons therefor, which shall be
27 deemed the final decision of the board, unless an appeal is
28 filed therefrom, within fifteen days after the date of such
29 decision the board acts on its own motion, to review the
30 decision of the referee. A memorandum of testimony of any
20020H2728B4063 - 25 -
1 hearing before any referee shall be made and be preserved for a
2 period of ninety days following expiration of the period for
3 filing an appeal from the final decision rendered in the case.
4 Section 11. Section 505 of the act, amended April 23, 1942
5 (Sp.Sess., P.L.60, No.23), is amended to read:
6 Section 505. Rules of Procedure.--(a) (1) The manner in
7 which appeals shall be taken, the reports thereon required from
8 the department, the claimant and employers, and the conduct of
9 hearings and appeals, shall be in accordance with rules of
10 procedure prescribed by the board whether or not such rules
11 conform to common law or statutory rules of evidence and other
12 technical rules of procedure.
13 (2) When the same or substantially similar evidence is
14 relevant and material to the matter in issue in applications and
15 claims filed by more than one individual or in multiple
16 applications and claims filed by a single individual the same
17 time and place for considering each such application and claim
18 may be fixed, hearings thereon jointly conducted, a single
19 record of the proceedings made and evidence introduced with
20 respect to any application or claim considered as introduced
21 with respect to all of such applications or claims: Provided,
22 That in the judgment of the board or referee having jurisdiction
23 of the proceeding such consideration will not be prejudicial to
24 any party.
25 (b) The board and its referees shall conduct their hearings
26 de novo and may rule on any issue presented by the evidence. In
27 their decisions they shall not be limited to ruling only on
28 those matters specifically ruled upon in the department's
29 initial determination.
30 (c) Where the appellant, after having been duly notified
20020H2728B4063 - 26 -
1 according to law as to the time and place of the hearing, fails
2 to appear for the hearing on time, the referee shall dismiss the
3 appeal with prejudice and need not receive testimony or evidence
4 as to the merits of the case or issue any decision with regard
5 to the merits of the case.
6 Section 12. Section 509 of the act, amended April 14, 1976
7 (P.L.113, No.50) and repealed in part April 28, 1978 (P.L.202,
8 No.53), is amended to read:
9 Section 509. Finality of Decisions.--(a) Any decision made
10 by the department or any referee or the board shall not be
11 subject to collateral attack as to any application claim or
12 claims covered thereby or otherwise be disturbed, unless
13 appealed from.
14 (b) Subject to appeal proceedings and judicial review, any
15 right, fact or matter in issue which was directly passed upon or
16 necessarily involved in any decision of a referee or the board
17 or the Court and which has become final shall be conclusive for
18 all purposes of this act and shall not be subject to collateral
19 attack as among all affected parties who had notice of such
20 decision: Provided, however, That whenever an appeal involves a
21 question as to whether services were performed by a claimant in
22 employment or for an employer or whether remuneration paid
23 constituted wages, a decision thereon shall not be conclusive as
24 to an employing entity's liability for contributions unless the
25 employing entity was given special notice of such issue and of
26 the pendency of the appeal and was afforded a reasonable
27 opportunity by the referee or the board to adduce evidence
28 bearing on such question.
29 (c) No finding of fact or law, judgment, conclusion or final
30 order made with respect to a claim for unemployment compensation
20020H2728B4063 - 27 -
1 under this act may be conclusive or binding or used as evidence
2 in any separate or subsequent action or proceeding in another
3 forum, except proceedings under this act, regardless of whether
4 the prior action was between the same or related parties or
5 involved the same facts and issues.
6 Section 13. The provisions of this act are severable. If any
7 provision of this act or its application to any person or
8 circumstance is held invalid, the invalidity shall not affect
9 other provisions or applications of this act which can be given
10 effect without the invalid provision or application.
11 Section 14. This act shall take effect immediately.
J15L43DMS/20020H2728B4063 - 28 -