PRINTER'S NO. 1785
No. 1414 Session of 1978
INTRODUCED BY LEWIS, SCHAEFER, ROMANELLI, HESS, FLEMING, SNYDER
AND COPPERSMITH, APRIL 11, 1978
REFERRED TO LABOR AND INDUSTRY, APRIL 11, 1978
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," providing for benefits
16 for school crossing guards.
17 The General Assembly of the Commonwealth of Pennsylvania
18 hereby enacts as follows:
19 Section 1. Clause (2) of section 402.1, act of December 5,
20 1936 (2nd Sp. Sess., 1937 P.L.2897, No.1), known as the
21 "Unemployment Compensation Law," added July 6, 1977 (P.L.41,
22 No.22), is amended to read:
23 Section 402.1. Benefits Based on Service for Educational
24 Institutions.--Benefits based on service for educational
25 institutions pursuant to Article X, XI or XII shall as
1 hereinafter provided be payable in the same amount, on the same
2 terms and subject to the same conditions as outlined in section
3 404(g); except that:
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5 (2) With respect to services performed after December 31,
6 1977, in any other capacity for an educational institution
7 (other than an institution of higher education as defined in
8 section 4(m.2)), benefits shall not be paid on the basis of such
9 services to any individual for any week which commences during a
10 period between two successive academic years or terms if such
11 individual performs such services in the first of such academic
12 years or terms and there is a reasonable assurance that such
13 individual will perform such services in the second of such
14 academic years or terms. However, if upon presenting himself for
15 work at the end of such period between academic years or terms,
16 the individual is not permitted to resume work of the same
17 capacity, or resumes it for less than twenty working days, his
18 claims for unemployment compensation during such period shall be
19 accepted retroactively to the time the individual's benefits
20 would have commenced if the individual had not received
21 reasonable assurance of employment and considered under the
22 eligibility provisions of this act and benefits shall be paid
23 with respect to any weeks for which his eligibility is
24 established. This provision shall apply also to holiday and
25 vacation periods. For the purposes of this clause, "services
26 performed for an educational institution" shall be construed to
27 include services of special school police employed by a school
28 district, municipality or township or any combination thereof,
29 whose sole function is to direct or control traffic at or near
30 educational institutions during the academic year.
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2 Section 2. This act shall take effect in 60 days.
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