PRINTER'S NO. 3534
No. 2636 Session of 1978
INTRODUCED BY DOMBROWSKI AND DiCARLO, JUNE 28, 1978
REFERRED TO COMMITTEE ON LABOR RELATIONS, JUNE 28, 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 the
16 payment of benefits to certain employes of educational
17 institutions during the period between successive academic
18 years or terms and periods of holiday or vacation recess.
19 The General Assembly of the Commonwealth of Pennsylvania
20 hereby enacts as follows:
21 Section 1. Section 402.1, act of December 5, 1936 (2nd
22 Sp.Sess., 1937 P.L.2897, No.1), known as the "Unemployment
23 Compensation Law," added July 6, 1977 (P.L.41, No.22), is
24 amended to read:
25 Section 402.1. Benefits Based on Service for Educational
26 Institutions.--Benefits based on service for educational
1 institutions pursuant to Article X, XI or XII shall as
2 hereinafter provided be payable in the same amount, on the same
3 terms and subject to the same conditions as outlined in section
4 404(g); except that:
5 (1) With respect to service performed after December 31,
6 1977, in an instructional, research, or principal administrative
7 capacity for an educational institution, benefits shall not be
8 paid based on such services for any week of unemployment
9 commencing during the period between two successive academic
10 years, or during a similar period between two regular terms
11 whether or not successive or during a period of paid sabbatical
12 leave provided for in the individual's contract, to any
13 individual if such individual performs such services in the
14 first of such academic years or terms and if there is a contract
15 or a reasonable assurance that such individual will perform
16 services in any such capacity for any educational institution in
17 the second of such academic years or terms.
18 (2) With respect to services performed after December 31,
19 1977, in any other capacity for an educational institution
20 (other than an institution of higher education as defined in
21 section 4(m.2)), benefits shall [not] be paid on the basis of
22 such services to any individual for any week which commences
23 during a period between two successive academic years or terms
24 if such individual performs such services in the first of such
25 academic years or terms [and there is a reasonable assurance
26 that such individual will perform such services in the second of
27 such academic years or terms. However, if upon presenting
28 himself for work at the end of such period between academic
29 years or terms, the individual is not permitted to resume work
30 of the same capacity, or resumes it for less than twenty working
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1 days, his claims for unemployment compensation during such
2 period shall be accepted retroactively to the time the
3 individual's benefits would have commenced if the individual had
4 not received reasonable assurance of employment and considered
5 under the eligibility provisions of this act and benefits shall
6 be paid with respect to any weeks for which his eligibility is
7 established. This provision shall apply also to holiday and
8 vacation periods].
9 (3) With respect to any services described in clause [(1)
10 or] (2), benefits payable on the basis of such services shall
11 not be denied to any individual for any week which commences
12 during an established and customary vacation period or holiday
13 recess if such individual performed such services in the period
14 immediately before such vacation period or holiday recess[, and
15 there is a reasonable assurance that such individual will
16 perform such services in the period immediately following such
17 vacation period or holiday recess].
18 Section 2. This act shall take effect in 60 days.
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