SENATE AMENDED
PRIOR PRINTER'S NOS. 2031, 2213, 2568 PRINTER'S NO. 3707
No. 1673 Session of 1979
INTRODUCED BY MISS SIRIANNI, MESSRS. NOYE, E. H. SMITH,
HELFRICK, MRS. TAYLOR, MESSRS. WENGER, YAHNER, E. R. LYNCH,
VROON, GLADECK, MADIGAN AND G. F. POTT, JR. SEPTEMBER 6, 1979
SENATOR ZEMPRELLI, RE-REPORTED FROM RULES AND EXECUTIVE
NOMINATIONS, IN SENATE, JUNE 24, 1980
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 decisions and appeals. THE RATE AND AMOUNT OF BENEFITS, FOR <--
17 THE RATE OF EMPLOYER CONTRIBUTIONS AND FOR ADDITIONAL
18 CONTRIBUTIONS, FOR A WAITING WEEK, QUALIFICATIONS FOR
19 BENEFITS, CERTAIN PENSION DEDUCTIONS, EMPLOYER BENEFIT
20 CHANGES, APPEALS AND REVIEW, RECOUPMENT OF OVERPAYMENTS AND
21 CONTRIBUTIONS OF NONPROFIT ORGANIZATIONS.
22 The General Assembly of the Commonwealth of Pennsylvania
23 hereby enacts as follows:
24 Section 1. Section 509, act of December 5, 1936 (2nd <--
25 Sp.Sess., 1937 P.L.2897, No.1), known as the "Unemployment
26 Compensation Law," amended April 14, 1976 (P.L.113, No.50) and
1 repealed in part April 28, 1978 (P.L.202, No.53), is amended to
2 read:
3 Section 509. Finality of Decisions.--(a) Any decision made
4 by the department or any referee or the board shall become final
5 fifteen days after the date thereof, and shall not be subject to
6 collateral attack as to any application claim or claims covered
7 thereby or otherwise be disturbed, unless appealed from as
8 hereinbefore provided; but any decision of the board or of a
9 referee, when an appeal has been disallowed by the board shall
10 nevertheless be subject to appeal to the Commonwealth Court
11 after the same has become final.
12 (b) Subject to appeal proceedings and judicial review, as
13 provided by law, any right, fact or matter in issue which was
14 directly passed upon or necessarily involved in any decision of
15 a referee or the board or the Court and which has become final
16 shall be conclusive for all purposes of this act and shall not
17 be subject to collateral attack as among all affected parties
18 who had notice of such decision: Provided, however, That
19 whenever an appeal involves a question as to whether services
20 were performed by a claimant in employment or for an employer or
21 whether remuneration paid constituted wages, a decision thereon
22 shall not be conclusive as to an employing entity's liability
23 for contributions unless the employing entity was given special
24 notice of such issue and of the pendency of the appeal and was
25 afforded a reasonable opportunity by the referee or the board to
26 adduce evidence bearing on such question.
27 Section 2. Any acts or parts of acts inconsistent herewith
28 are hereby repealed to the extent of the inconsistency.
29 Section 3. This act shall take effect immediately and shall
30 apply to cases which, on the date of final enactment, are either
19790H1673B3707 - 2 -
1 pending before referees or the board, or the decisions for
2 which, issued by referees or the board, have not yet become
3 final and to all cases hereafter.
4 SECTION 1. SUBSECTION (A) OF SECTION 4, ACT OF DECEMBER 5, <--
5 1936 (2ND SP.SESS., 1937 P.L.2897, NO.1), KNOWN AS THE
6 "UNEMPLOYMENT COMPENSATION LAW," AMENDED OR ADDED SEPTEMBER 27,
7 1971 (P.L.460, NO.108), IS AMENDED 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) [(1)] "BASE YEAR" MEANS THE FIRST FOUR OF THE LAST FIVE
12 COMPLETED CALENDAR QUARTERS IMMEDIATELY PRECEDING THE FIRST DAY
13 OF AN INDIVIDUAL'S BENEFIT YEAR.
14 [(2) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (1), AN
15 INDIVIDUAL WHO DOES NOT MEET THE MONETARY REQUIREMENTS OF
16 SECTION 401 (A) OF THIS ACT BY REASON OF INSUFFICIENT WAGE
17 CREDITS IN HIS BASE YEAR AS SO DEFINED, MAY ELECT TO HAVE HIS
18 BASE YEAR CONSIST OF THE FIRST FOUR OF THE COMPLETED CALENDAR
19 QUARTERS IMMEDIATELY PRECEDING THE FIRST DAY OF HIS BENEFIT
20 YEAR. THE QUARTERS INCLUDED IN SUCH AN ELECTION MAY NOT BE USED
21 AT ANY TIME THEREAFTER IN THE CALCULATION OF BENEFITS FOR ANY
22 SUBSEQUENT BENEFIT YEAR.]
23 * * *
24 SECTION 2. SECTION 4(L)(3)(G), (A) AND (A.1) OF THE ACT
25 AMENDED JULY 6, 1977 (P.L.41, NO.22), ARE AMENDED TO READ:
26 SECTION 4. DEFINITIONS.--THE FOLLOWING WORDS AND PHRASES, AS
27 USED IN THIS ACT, SHALL HAVE THE FOLLOWING MEANINGS, UNLESS THE
28 CONTEXT CLEARLY REQUIRES OTHERWISE.
29 * * *
30 (L) * * *
19790H1673B3707 - 3 -
1 (3) "EMPLOYMENT" SHALL ALSO INCLUDE--
2 * * *
3 (G) NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS ACT,
4 SERVICE PERFORMED AFTER DECEMBER 31, 1977, BY AN INDIVIDUAL IN
5 AGRICULTURAL LABOR AS DEFINED IN SECTION 4(L)(4)(1) WHEN:
6 (A) SUCH SERVICE IS PERFORMED FOR A PERSON WHO--
7 (1) DURING ANY CALENDAR QUARTER IN EITHER THE CURRENT OR THE
8 PRECEDING CALENDAR YEAR PAID REMUNERATION IN CASH OF TWENTY
9 THOUSAND DOLLARS OR MORE TO INDIVIDUALS EMPLOYED IN AGRICULTURAL
10 LABOR (NOT TAKING INTO ACCOUNT SERVICE IN AGRICULTURAL LABOR
11 PERFORMED BEFORE JANUARY 1, [1980] 1982, BY AN ALIEN REFERRED TO
12 IN SECTION [4(L)(2)(G)(A.1))] 4(L)(3)(G)(A.1) OR
13 4(L)(2)(G)(A.1); OR
14 (2) FOR SOME PORTION OF A DAY IN EACH OF TWENTY DIFFERENT
15 CALENDAR WEEKS, WHETHER OR NOT SUCH WEEKS WERE CONSECUTIVE, IN
16 EITHER THE CURRENT OR THE PRECEDING CALENDAR YEAR, EMPLOYED IN
17 AGRICULTURAL LABOR (NOT TAKING INTO ACCOUNT SERVICE IN
18 AGRICULTURAL LABOR PERFORMED BEFORE JANUARY 1, [1980] 1982, BY
19 AN ALIEN REFERRED TO IN SECTION [4(L)(2)(G)(A.1))]
20 4(L)(3)(G)(A.1)) TEN OR MORE INDIVIDUALS, REGARDLESS OF WHETHER
21 THEY WERE EMPLOYED AT THE SAME MOMENT OF TIME.
22 (A.1) SUCH SERVICE IS NOT PERFORMED IN AGRICULTURAL LABOR IF
23 PERFORMED BEFORE JANUARY 1, [1980] 1982, BY AN INDIVIDUAL WHO IS
24 AN ALIEN ADMITTED TO THE UNITED STATES TO PERFORM SERVICE IN
25 AGRICULTURAL LABOR PURSUANT TO SECTIONS 214(C) AND 101(A)(15)(H)
26 OF THE IMMIGRATION AND NATIONALITY ACT.
27 * * *
28 SECTION 3. PARAGRAPH (1) OF SUBSECTION (X) OF SECTION 4 OF
29 THE ACT AMENDED JULY 6, 1977 (P.L.41, NO.22), IS AMENDED TO
30 READ:
19790H1673B3707 - 4 -
1 SECTION 4. DEFINITIONS.--THE FOLLOWING WORDS AND PHRASES, AS
2 USED IN THIS ACT, SHALL HAVE THE FOLLOWING MEANINGS, UNLESS THE
3 CONTEXT CLEARLY REQUIRES OTHERWISE.
4 * * *
5 (X) "WAGES" MEANS ALL REMUNERATION, (INCLUDING THE CASH
6 VALUE OF MEDIUMS OF PAYMENT OTHER THAN CASH, EXCEPT THAT ONLY
7 CASH WAGES SHALL BE USED TO DETERMINE THE COVERAGE OF
8 AGRICULTURAL LABOR AS DEFINED IN SECTION 4(L)(3)(G) AND DOMESTIC
9 SERVICE AS DEFINED IN SECTION 4(L)(3)(H)), PAID BY AN EMPLOYER
10 TO AN INDIVIDUAL WITH RESPECT TO HIS EMPLOYMENT EXCEPT THAT THE
11 TERM "WAGES" FOR THE PURPOSE OF PAYING CONTRIBUTIONS SHALL NOT
12 INCLUDE:
13 (1) THAT PART OF THE REMUNERATION WHICH IS IN EXCESS OF THE
14 FIRST [SIX THOUSAND DOLLARS ($6,000)] SIX THOUSAND THREE HUNDRED
15 DOLLARS ($6,300) DURING CALENDAR YEARS 1980 AND 1981, SIX
16 THOUSAND SIX HUNDRED DOLLARS ($6,600) DURING CALENDAR YEAR 1982
17 AND SEVEN THOUSAND TWO HUNDRED DOLLARS ($7,200) FOR EVERY YEAR
18 THEREAFTER PAID TO AN INDIVIDUAL BY EACH OF HIS EMPLOYERS DURING
19 A CALENDAR YEAR: PROVIDED, THAT AN EMPLOYER MAY TAKE CREDIT
20 UNDER THIS SUBSECTION FOR REMUNERATION WHICH HIS PREDECESSOR-IN-
21 INTEREST HAS PAID TO AN INDIVIDUAL DURING THE SAME CALENDAR YEAR
22 WITH RESPECT TO EMPLOYMENT; AND PROVIDED ALSO, THAT AN EMPLOYER
23 MAY TAKE CREDIT UNDER THIS SUBSECTION FOR REMUNERATION WHICH HE
24 OR HIS PREDECESSOR-IN-INTEREST HAS PAID TO AN INDIVIDUAL IN THE
25 SAME CALENDAR YEAR ON WHICH CONTRIBUTIONS HAVE BEEN REQUIRED AND
26 PAID BY SUCH EMPLOYER UNDER AN UNEMPLOYMENT COMPENSATION LAW OF
27 ANOTHER STATE, BUT NO SUCH CREDIT MAY BE TAKEN FOR REMUNERATION
28 WHICH HAS BEEN PAID BY ANOTHER EMPLOYER TO SUCH INDIVIDUAL,
29 WHETHER OR NOT CONTRIBUTIONS HAVE BEEN PAID THEREON BY SUCH
30 OTHER EMPLOYER UNDER THIS ACT OR UNDER ANY STATE UNEMPLOYMENT
19790H1673B3707 - 5 -
1 COMPENSATION LAW.
2 * * *
3 SECTION 4. PARAGRAPHS (1), (2), (3) AND (4) OF SUBSECTION
4 (A), SUBSECTION (C), PARAGRAPH (3) OF SUBSECTION (D) AND
5 PARAGRAPH (2) OF SUBSECTION (E) OF SECTION 301 OF THE ACT,
6 PARAGRAPH (2) OF SUBSECTION (A) AMENDED DECEMBER 17, 1959
7 (P.L.1893, NO.693), PARAGRAPHS (1) AND (3) OF SUBSECTION (A) AND
8 PARAGRAPH (3) OF SUBSECTION (D) AMENDED MARCH 24, 1964
9 (SP.SESS., P.L.53, NO.1), SUBSECTION (C) AND PARAGRAPH (2) OF
10 SUBSECTION (E) AMENDED SEPTEMBER 27, 1971 (P.L.460, NO.108) AND
11 PARAGRAPH (4) OF SUBSECTION (A) AMENDED DECEMBER 5, 1974
12 (P.L.771, NO.262), ARE AMENDED TO READ:
13 SECTION 301. CONTRIBUTIONS BY EMPLOYERS; SUCCESSORS-IN-
14 INTEREST; APPEALS.--
15 (A) (1) EACH EMPLOYER SHALL PAY CONTRIBUTIONS WITH RESPECT
16 TO THE CALENDAR YEAR ONE THOUSAND NINE HUNDRED [SIXTY-FOUR]
17 EIGHTY, AND EACH CALENDAR YEAR THEREAFTER, AT A RATE EQUAL TO
18 TWO AND SEVEN-TENTHS PER CENTUM OF WAGES PAID BY HIM FOR
19 EMPLOYMENT: PROVIDED, HOWEVER, THAT WITH RESPECT TO EMPLOYERS
20 SUBJECT TO THE PROVISIONS OF SECTION 301.1 (B) OF THIS ACT, SUCH
21 RATE SHALL BE ADJUSTED IN ACCORDANCE WITH THE PROVISIONS OF
22 SECTION THREE HUNDRED ONE POINT ONE, THREE HUNDRED ONE POINT
23 TWO, AND THREE HUNDRED ONE POINT THREE OF THIS ACT.
24 (2) NO EMPLOYER'S RATE OF CONTRIBUTION FOR ANY CALENDAR YEAR
25 SHALL BE LESS THAN [FOUR] FOUR AND EIGHT-TENTHS PER CENTUM,
26 UNLESS ALL HIS CONTRIBUTIONS DUE ON WAGES PAID TO THE END OF THE
27 SECOND CALENDAR QUARTER OF THE PRECEDING CALENDAR YEAR, TOGETHER
28 WITH INTEREST AND PENALTIES DUE THEREON, HAVE BEEN PAID BY THE
29 FIFTEENTH DAY OF SEPTEMBER OF SUCH PRECEDING CALENDAR YEAR,
30 EXCEPT THAT AN EMPLOYER WHO HAS TIMELY FILED AN APPEAL AS
19790H1673B3707 - 6 -
1 PROVIDED IN SUBSECTION (E) OF THIS SECTION AND WHO HAS BEEN
2 DETERMINED INELIGIBLE TO RECEIVE A REDUCED RATE SOLELY ON THE
3 BASIS THAT HE HAS NOT PAID ALL CONTRIBUTIONS, INTEREST AND
4 PENALTIES WITHIN THE TIME LIMITS AS REQUIRED IN THIS SUBSECTION,
5 SHALL HAVE HIS RATE REDETERMINED AND SHALL NOT BE CONSIDERED
6 INELIGIBLE UNDER THIS SUBSECTION IF PAYMENT OF SUCH DELINQUENT
7 CONTRIBUTIONS, INTEREST AND PENALTIES IS MADE WITHIN THIRTY DAYS
8 AFTER THE DEPARTMENT HAS NOTIFIED THE EMPLOYER OF THE REASON FOR
9 HIS INELIGIBILITY FOR RATE REDUCTION IN RESPONSE TO THE APPEAL
10 FILED BY THE EMPLOYER UNDER SUBSECTION (E).
11 (3) NOTWITHSTANDING ANY OTHER PROVISIONS OF THE ACT AFTER
12 JANUARY 1, 1980, ANY EMPLOYER WHO BECOMES NEWLY LIABLE FOR
13 CONTRIBUTIONS UNDER THIS ACT IN A CALENDAR YEAR IN WHICH IT
14 EMPLOYS INDIVIDUALS IN THE PERFORMANCE OF A CONTRACT OR
15 SUBCONTRACT FOR CONSTRUCTION IN THIS COMMONWEALTH OF ROADS,
16 BRIDGES, HIGHWAYS, BUILDINGS, FACTORIES, HOUSING DEVELOPMENTS OR
17 OTHER CONSTRUCTION PROJECTS SHALL BE LIABLE FOR CONTRIBUTIONS AT
18 THE RATE OF [FOUR] SIX AND FIVE-TENTHS PER CENTUM OF WAGES PAID
19 BY HIM FOR EMPLOYMENT, UNTIL SUCH TIME AS HE BECOMES SUBJECT TO
20 THE PROVISIONS OF [SECTION 301.1] SECTIONS 301.1, 301.2 AND
21 301.3 OF THIS ACT.
22 (4) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (1) OF THIS
23 SUBSECTION, ANY EMPLOYER WHO BECOMES NEWLY LIABLE FOR
24 CONTRIBUTIONS UNDER THIS ACT ON OR AFTER THE FIRST DAY OF
25 JANUARY, [ONE THOUSAND NINE HUNDRED SEVENTY-TWO] ONE THOUSAND
26 NINE HUNDRED EIGHTY, OTHER THAN AN EMPLOYER SUBJECT TO THE
27 PROVISIONS OF PARAGRAPH (3) OF THIS SUBSECTION, SHALL BE LIABLE
28 FOR CONTRIBUTIONS AT THE RATE OF [TWO] THREE AND FIVE-TENTHS PER
29 CENTUM OF WAGES PAID BY HIM FOR EMPLOYMENT UNTIL SUCH TIME AS HE
30 SHALL BECOME CLASSIFIABLE UNDER THE PROVISIONS OF SECTION 301.1
19790H1673B3707 - 7 -
1 (B) OF THIS ACT. THEREAFTER HIS RATE OF CONTRIBUTIONS SHALL BE
2 TWO AND SEVEN-TENTHS PER CENTUM SUBJECT TO ADJUSTMENT UNDER THE
3 PROVISIONS OF [SECTION] SECTIONS 301.1 301.2 AND 301.3 OF THIS
4 ACT.
5 * * *
6 (C) EACH EMPLOYER WITH RESPECT TO ANY PERIOD PRIOR TO THE
7 FIRST DAY OF JANUARY, [ONE THOUSAND NINE HUNDRED SEVENTY-TWO]
8 ONE THOUSAND NINE HUNDRED EIGHTY, SHALL BE LIABLE FOR
9 CONTRIBUTIONS IN ACCORDANCE WITH THE PROVISIONS OF THIS ACT
10 APPLICABLE TO EACH PERIOD IN EFFECT PRIOR TO SUCH DATE, AND FOR
11 THESE PURPOSES SUCH PROVISIONS SHALL REMAIN IN FULL FORCE AND
12 EFFECT.
13 (D) * * *
14 (3) A SUCCESSOR-IN-INTEREST WHO, SUBSEQUENT TO THE FIRST DAY
15 OF JANUARY, [ONE THOUSAND NINE HUNDRED SIXTY] ONE THOUSAND NINE
16 HUNDRED EIGHTY, ACQUIRES FROM A PRECEDING EMPLOYER THE WHOLE OR
17 A PART OF A RESERVE BALANCE WHICH HAS BEEN ADJUSTED TO ZERO
18 UNDER THE PROVISIONS OF SECTION 302 (C) OF THIS ACT SHALL BE
19 LIABLE FOR CONTRIBUTIONS AT THE MAXIMUM RATE OF [FOUR] FOUR AND
20 EIGHT-TENTHS PER CENTUM UNDER THE PROVISIONS OF SECTION 301.1
21 (F) OF THIS ACT AND CONTRIBUTIONS UNDER THE PROVISIONS OF
22 SECTIONS 301.2 AND 301.3 OF THIS ACT IN THE SAME MANNER AS THE
23 PRECEDING EMPLOYER WITH RESPECT TO THE PART OF THE ORGANIZATION,
24 TRADE OR BUSINESS TRANSFERRED. THIS PROVISION SHALL NOT APPLY IF
25 THE SUCCESSOR-IN-INTEREST AS OF ANY COMPUTATION DATE HAS BEEN
26 SUBJECT TO THIS ACT FOR FOURTEEN OR MORE CONSECUTIVE CALENDAR
27 QUARTERS, OR HAS BEEN SUBJECT TO THIS ACT FOR A PERIOD AS LONG
28 AS OR LONGER THAN THE PRECEDING EMPLOYER.
29 (E) * * *
30 (2) THE DEPARTMENT SHALL PROMPTLY NOTIFY EACH EMPLOYER OF
19790H1673B3707 - 8 -
1 HIS RATE OF CONTRIBUTION FOR THE CALENDAR YEAR, DETERMINED AS
2 PROVIDED IN THIS SECTION AND [SECTION] SECTIONS THREE HUNDRED
3 ONE POINT ONE (301.1), THREE HUNDRED ONE POINT TWO (301.2) AND
4 THREE HUNDRED ONE POINT THREE (301.3) OF THIS ACT. THE
5 DETERMINATION OF THE DEPARTMENT OF THE EMPLOYER'S RATE OF
6 CONTRIBUTION SHALL BECOME CONCLUSIVE AND BINDING UPON THE
7 EMPLOYER, UNLESS WITHIN NINETY (90) DAYS AFTER THE MAILING OF
8 NOTICE THEREOF TO THE EMPLOYER'S LAST KNOWN POST OFFICE ADDRESS
9 THE EMPLOYER FILES AN APPLICATION FOR REVIEW, SETTING FORTH HIS
10 REASONS THEREFOR: PROVIDED, THAT IF THE DEPARTMENT FINDS THAT
11 BECAUSE OF AN ERROR OF THE DEPARTMENT IT HAS NOTIFIED AN
12 EMPLOYER THAT HIS RATE OF CONTRIBUTION IS MORE THAN THE RATE TO
13 WHICH HE IS ENTITLED, THE DEPARTMENT SHALL, WITHIN ONE YEAR FROM
14 THE DATE OF SUCH NOTICE, ADJUST THE RATE OF CONTRIBUTION. THE
15 DEPARTMENT MAY, IF IT DEEMS THE REASONS SET FORTH BY THE
16 EMPLOYER INSUFFICIENT TO CHANGE THE RATE OF CONTRIBUTION, DENY
17 THE APPLICATION, OTHERWISE IT SHALL GRANT THE EMPLOYER A FAIR
18 HEARING. THE EMPLOYER SHALL BE PROMPTLY NOTIFIED OF THE DENIAL
19 OF HIS APPLICATION OR OF THE DEPARTMENT'S REDETERMINATION. IN
20 ANY APPLICATION FOR REVIEW FILED HEREUNDER AND IN ANY FURTHER
21 APPEAL TAKEN THEREAFTER, NO QUESTIONS SHALL BE RAISED WITH
22 RESPECT TO THE EMPLOYER'S CONTRIBUTION RATE FOR THE CALENDAR
23 YEAR ONE THOUSAND NINE HUNDRED SIXTY AND ANY CALENDAR YEAR
24 THEREAFTER, EXCEPT SUCH AS PERTAINS TO THE DETERMINATION OF
25 EITHER THE EMPLOYER'S FUNDING FACTOR, HIS EXPERIENCE FACTOR, OR
26 BOTH.
27 * * *
28 SECTION 5. SUBSECTIONS (A), (E) AND (F) OF SECTION 301.1 OF
29 THE ACT, SUBSECTION (F) AMENDED MARCH 24, 1964 (SP.SESS.,
30 P.L.53, NO.1), SUBSECTION (A) AMENDED SEPTEMBER 27, 1971
19790H1673B3707 - 9 -
1 (P.L.460, NO.108), SUBSECTION (E) AMENDED DECEMBER 5, 1974
2 (P.L.771, NO.262), ARE AMENDED TO READ:
3 SECTION 301.1. DETERMINATION OF CONTRIBUTION RATE;
4 EXPERIENCE RATING.--* * *
5 (A) THE RATE OF CONTRIBUTION PAYABLE BY AN EMPLOYER ELIGIBLE
6 FOR AN ADJUSTED RATE WITH RESPECT TO THE CALENDAR YEAR BEGINNING
7 [JANUARY ONE, ONE THOUSAND NINE HUNDRED SEVENTY-TWO] ONE
8 THOUSAND NINE HUNDRED EIGHTY, AND EACH CALENDAR YEAR THEREAFTER,
9 SHALL BE ADJUSTED BETWEEN A MINIMUM RATE OF THREE-TENTHS OF ONE
10 PER CENTUM AND A MAXIMUM RATE OF FOUR POINT EIGHT PER CENTUM
11 WHICH SHALL BE THE AGGREGATE OF THREE FACTORS:
12 (A) A FUNDING FACTOR.
13 (B) AN EXPERIENCE FACTOR.
14 (C) A STATE ADJUSTMENT FACTOR.
15 [PROVIDED, HOWEVER, THAT FOR ANY EMPLOYER ELIGIBLE FOR AN
16 ADJUSTED RATE, SUCH EMPLOYER SHALL PAY CONTRIBUTIONS IN AN
17 AMOUNT EQUAL TO EIGHTY-FIVE PER CENTUM OF HIS COMPUTED LIABILITY
18 FOR THE CALENDAR YEAR 1972; NINETY PER CENTUM OF HIS COMPUTED
19 LIABILITY FOR THE CALENDAR YEAR 1973; NINETY-FIVE PER CENTUM OF
20 HIS COMPUTED LIABILITY FOR THE CALENDAR YEAR 1974; AND ONE
21 HUNDRED PER CENTUM OF HIS COMPUTED LIABILITY FOR THE CALENDAR
22 YEAR 1975 AND EACH CALENDAR YEAR THEREAFTER.]
23 * * *
24 (E) THE STATE ADJUSTMENT FACTOR FOR THE CALENDAR YEAR
25 BEGINNING JANUARY ONE, [ONE THOUSAND NINE HUNDRED SIXTY] ONE
26 THOUSAND NINE HUNDRED EIGHTY, SHALL BE [SIX-TENTHS OF ONE PER
27 CENTUM] ONE AND SEVEN TENTHS PER CENTUM AND FOR [THE YEAR
28 BEGINNING JANUARY ONE, ONE THOUSAND NINE HUNDRED SIXTY-ONE AND
29 FOR] EACH CALENDAR YEAR THEREAFTER, SHALL BE COMPUTED AS OF THE
30 COMPUTATION DATE FOR SUCH YEAR TO A TENTH OF A PER CENTUM,
19790H1673B3707 - 10 -
1 ROUNDING ALL FRACTIONAL PARTS OF A TENTH OF A PER CENTUM TO THE
2 NEAREST TENTH OF A PER CENTUM, BUT IN NO EVENT LESS THAN ZERO
3 NOR IN EXCESS OF ONE AND SEVEN-TENTHS PER CENTUM, ACCORDING TO
4 THE FOLLOWING FORMULA:
5 BDR - DCR
6 ---------------------- X 100 = STATE ADJUSTMENT FACTOR
7 WT
8 IN WHICH FACTOR "BDR" EQUALS THE AGGREGATE OF (A) ALL BENEFITS
9 PAID BUT NOT CHARGED TO EMPLOYERS' ACCOUNTS, PLUS, (B) ALL
10 BENEFITS PAID AND CHARGED TO INACTIVE AND TERMINATED EMPLOYERS'
11 ACCOUNTS, PLUS, (C) ALL BENEFITS PAID AND CHARGED TO ACCOUNTS OF
12 ACTIVE EMPLOYERS WHO WERE ASSIGNED THE MAXIMUM EXPERIENCE FACTOR
13 FOR THE PRECEDING CALENDAR YEAR TO THE EXTENT SUCH BENEFITS
14 EXCEED THE AMOUNT OF CONTRIBUTIONS PAYABLE BY SUCH EMPLOYERS ON
15 THE BASIS OF SUCH FACTOR. FACTOR "DCR" EQUALS THE AGGREGATE OF
16 (A) INTEREST CREDITED TO THE UNEMPLOYMENT COMPENSATION FUND,
17 PLUS, (B) AMOUNTS TRANSFERRED FROM THE SPECIAL ADMINISTRATION
18 FUND TO THE UNEMPLOYMENT COMPENSATION FUND, PLUS, (C) REFUNDS OF
19 BENEFITS UNLAWFULLY PAID, PLUS, (D) AMOUNTS CREDITED TO THE
20 UNEMPLOYMENT COMPENSATION FUND BY THE FEDERAL GOVERNMENT OTHER
21 THAN BY LOAN, EXCEPT THAT ANY AMOUNT CREDITED TO THIS
22 COMMONWEALTH'S ACCOUNT UNDER SECTION 903 OF THE FEDERAL SOCIAL
23 SECURITY ACT WHICH HAS BEEN APPROPRIATED FOR EXPENSES OF
24 ADMINISTRATION SHALL BE EXCLUDED FROM THE AMOUNT IN THE
25 UNEMPLOYMENT COMPENSATION FUND IN THE COMPUTATION OF THE "DCR"
26 FACTOR. FACTOR "WT" EQUALS THE WAGES PAID BY ALL EMPLOYERS. EACH
27 ITEM IN EACH FACTOR SHALL BE COMPUTED WITH RESPECT TO THE
28 TWELVE-MONTH PERIOD ENDING ON THE COMPUTATION DATE: PROVIDED,
29 THAT SHOULD THE COMPUTED STATE ADJUSTMENT FACTOR FOR CALENDAR
30 YEAR [ONE THOUSAND NINE HUNDRED SIXTY-TWO] ONE THOUSAND NINE
19790H1673B3707 - 11 -
1 HUNDRED EIGHTY, AND ANY YEAR THEREAFTER EXCEED [ONE PER CENTUM]
2 ONE AND SEVEN-TENTHS PER CENTUM, SUCH EXCESS OVER [ONE PER
3 CENTUM] ONE AND SEVEN-TENTHS PER CENTUM SHALL BE ADDED TO THE
4 COMPUTED STATE ADJUSTMENT FACTOR FOR THE FOLLOWING YEAR OR
5 YEARS.
6 (F) AN EMPLOYER WHOSE RESERVE ACCOUNT BALANCE IS ADJUSTED
7 [TO ZERO] AFTER JANUARY 1, 1980 IN ACCORDANCE WITH THE
8 PROVISIONS OF SECTION 302 (C) OF THIS ACT SHALL NOT BE ELIGIBLE
9 FOR A REDUCED RATE OF CONTRIBUTIONS UNDER THE PROVISIONS OF THIS
10 ACT FOR THE THREE CONSECUTIVE CALENDAR YEARS FOLLOWING THE
11 COMPUTATION DATE WITH RESPECT TO WHICH THE APPLICATION FOR
12 ADJUSTMENT WAS MADE AND SHALL PAY CONTRIBUTIONS AT THE [RATE OF
13 FOUR PER CENTUM FOR EACH OF SUCH THREE CALENDAR YEARS] MAXIMUM
14 RATE SPECIFIED UNDER SUBSECTION (A) OF THIS SECTION AND SECTIONS
15 301.2 AND 301.3 FOR THREE YEARS AND THEN UNTIL SUCH EMPLOYER'S
16 RESERVE ACCOUNT BALANCE ON THE COMPUTATION DATE EQUALS OR
17 EXCEEDS TWO PER CENTUM OF HIS AVERAGE ANNUAL PAYROLL. IN THE
18 EVENT AN EMPLOYER SHALL FILE ONE OR MORE SUBSEQUENT APPLICATIONS
19 FOR ADJUSTMENT, THE PROVISIONS OF THIS SUBSECTION SHALL APPLY TO
20 EACH SUCH APPLICATION.
21 SECTION 6. THE ACT IS AMENDED BY ADDING SECTIONS TO READ:
22 SECTION 301.2. ADDITIONAL CONTRIBUTIONS AND CREDITS FOR
23 CERTAIN EMPLOYERS.--NOTWITHSTANDING ANY OTHER PROVISION OF THIS
24 ACT, ALL EMPLOYERS REQUIRED TO PAY CONTRIBUTIONS UNDER SECTION
25 301 OR 301.1 OTHER THAN THOSE EMPLOYERS COVERED BY SECTIONS
26 301(A)(3), 301(A)(4) AND 301.1(F) SHALL HAVE THEIR RATE OF
27 CONTRIBUTION INCREASED OR DECREASED, WITH RESPECT TO THEIR
28 POSITIVE OR NEGATIVE PERCENTAGE ASCERTAINED BY DIVIDING THEIR
29 RESERVE ACCOUNT BALANCE BY THEIR AVERAGE ANNUAL PAYROLL, IN
30 ACCORDANCE WITH THE FOLLOWING TABLE:
19790H1673B3707 - 12 -
1 RESERVE ACCOUNT BALANCE
2 % OF AVERAGE ANNUAL PAYROLL DECREASE
3 CONTRIBUTION
4 RATE BY:
5 GREATER THAN OR EQUAL TO 6.0 0.4
6 GREATER THAN OR EQUAL TO 4.5 BUT LESS THAN 6.0 0.3
7 GREATER THAN OR EQUAL TO 3.0 BUT LESS THAN 4.5 0.2
8 GREATER THAN OR EQUAL TO 1.5 BUT LESS THAN 3.0 0.1
9 GREATER THAN OR EQUAL TO 0.0 BUT LESS THAN 1.5 0.0
10 INCREASE
11 CONTRIBUTION
12 RATE BY:
13 LESS THAN 0.0 BUT GREATER THAN -1.0 0.1
14 LESS THAN OR EQUAL TO -1.0 BUT GREATER THAN -2.0 0.2
15 LESS THAN OR EQUAL TO -2.0 BUT GREATER THAN -3.0 0.3
16 LESS THAN OR EQUAL TO -3.0 BUT GREATER THAN -4.0 0.4
17 LESS THAN OR EQUAL TO -4.0 BUT GREATER THAN -5.0 0.5
18 LESS THAN OR EQUAL TO -5.0 BUT GREATER THAN -6.0 0.6
19 LESS THAN OR EQUAL TO -6.0 0.7
20 SECTION 301.3. ADDITIONAL CONTRIBUTIONS.--(A)
21 NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT, EVERY
22 CONTRIBUTING EMPLOYER SHALL PAY, COMMENCING WITH THE CALENDAR
23 YEAR ONE THOUSAND NINE HUNDRED EIGHTY AND EACH CALENDAR YEAR
24 THEREAFTER, ADDITIONAL CONTRIBUTIONS EQUAL TO ONE PER CENTUM OF
25 TAXABLE WAGE BASE.
26 (B) CONTRIBUTIONS PAYABLE UNDER THIS SECTION SHALL BE IN
27 ADDITION TO ANY CONTRIBUTIONS PAYABLE UNDER SECTION 301.2.
28 (C) IF FOR ANY CALENDAR YEAR THE TAX CREDITS ALLOWED
29 EMPLOYERS UNDER THE FEDERAL UNEMPLOYMENT TAX ACT ARE REDUCED TO
30 A RATE LESS THAN TWO POINT SEVEN PER CENTUM FOR ANY REASON, THE
19790H1673B3707 - 13 -
1 RATE OF CONTRIBUTIONS FOR ALL EMPLOYERS PAYABLE UNDER THIS ACT,
2 EXCEPT THAT PORTION OF CONTRIBUTIONS ATTRIBUTABLE TO SECTION
3 301.2, FOR THAT CALENDAR YEAR SHALL BE REDUCED (BUT NOT BELOW
4 ONE POINT EIGHT PER CENTUM), BY AMOUNT OF THE REDUCTION IN THE
5 TAX CREDITS UNDER THE FEDERAL UNEMPLOYMENT TAX ACT.
6 SECTION 7. PARAGRAPH (I) OF SUBSECTION (E) OF SECTION 308.1
7 OF THE ACT, ADDED JULY 6, 1977 (P.L.41, NO.22), IS AMENDED TO
8 READ:
9 SECTION 308.1. CONTRIBUTIONS TO BE LIENS; ENTRY AND
10 ENFORCEMENT THEREOF.--* * *
11 (E) (I) ANY PAYMENTS DUE AND PAYABLE UNDER THE PROVISIONS
12 OF THIS ACT BY AN EMPLOYER WHICH IS THE COMMONWEALTH, A BOROUGH,
13 CITY, COUNTY, SCHOOL DISTRICT, TOWNSHIP OR OTHER POLITICAL
14 SUBDIVISION OF THE COMMONWEALTH OR INSTRUMENTALITY THEREOF, OR
15 AN AUTHORITY AT ANY LEVEL OF GOVERNMENT WHETHER SUCH EMPLOYER'S
16 LIABILITY IS DETERMINED ON A REIMBURSEMENT BASIS OR UNDER THE
17 EMPLOYER EXPERIENCE PROVISIONS OF THIS ACT, SHALL BE DEEMED
18 COMMONWEALTH TAXES FOR PURPOSES OF ENFORCEMENT AND PRIORITY IN
19 THE SAME MANNER PROVIDED IN THIS ACT WITH RESPECT TO PRIVATE
20 EMPLOYERS.
21 * * *
22 SECTION 8. SUBSECTION (E) OF SECTION 401 OF THE ACT AMENDED
23 JUNE 6, 1975 (P.L.5, NO.3), IS AMENDED TO READ:
24 SECTION 401. QUALIFICATIONS REQUIRED TO SECURE
25 COMPENSATION.--COMPENSATION SHALL BE PAYABLE TO ANY EMPLOYE WHO
26 IS OR BECOMES UNEMPLOYED, AND WHO--
27 * * *
28 (E) (1) HAS BEEN UNEMPLOYED FOR A WAITING PERIOD OF ONE
29 WEEK, UNLESS THE GOVERNOR UPON THE OCCURRENCE OF A MAJOR
30 DISASTER DECLARES THAT A STATE OF EMERGENCY EXISTS, IN WHICH
19790H1673B3707 - 14 -
1 EVENT THE DEPARTMENT MAY SUSPEND THE WAITING WEEK REQUIREMENT
2 WITH RESPECT TO UNEMPLOYMENT RESULTING DIRECTLY FROM SUCH
3 DISASTER.
4 (2) NO WEEK SHALL BE COUNTED AS A WEEK OF UNEMPLOYMENT FOR
5 THE PURPOSES OF THIS SECTION, [(1)] (I) UNLESS IT OCCURS WITHIN
6 THE BENEFIT YEAR WHICH INCLUDES THE WEEK WITH RESPECT TO WHICH
7 SUCH EMPLOYE CLAIMS COMPENSATION, OR [(2)] (II) IF COMPENSATION
8 HAS BEEN PAID OR IS PAYABLE WITH RESPECT THERETO, OR [(3)] (III)
9 UNLESS THE EMPLOYE WAS ELIGIBLE FOR COMPENSATION WITH RESPECT
10 THERETO UNDER ALL OTHER PROVISIONS OF THIS SECTION AND WAS NOT
11 DISQUALIFIED WITH RESPECT THERETO UNDER SECTION 402 (A), (B),
12 (D), (E), [(F)], (G), (H) AND (I).
13 (3) NOTWITHSTANDING ANY PROVISION OF THIS SUBSECTION, WHEN
14 AN INDIVIDUAL HAS BEEN PAID BENEFITS IN HIS CURRENT BENEFIT YEAR
15 EQUAL TO FOUR TIMES HIS WEEKLY BENEFIT AMOUNT, HE SHALL BE
16 ELIGIBLE TO RECEIVE BENEFITS FOR HIS WAITING PERIOD CLAIM IN
17 ACCORDANCE WITH THIS ACT.
18 * * *
19 SECTION 9. SUBSECTION (A) OF SECTION 402 OF THE ACT AMENDED
20 DECEMBER 5, 1974 (P.L.771, NO.262), IS AMENDED TO READ:
21 SECTION 402. INELIGIBILITY FOR COMPENSATION.--AN EMPLOYE
22 SHALL BE INELIGIBLE FOR COMPENSATION FOR ANY WEEK--
23 (A) IN WHICH HIS UNEMPLOYMENT IS DUE TO FAILURE, WITHOUT
24 GOOD CAUSE, EITHER TO APPLY FOR SUITABLE WORK AT SUCH TIME AND
25 IN SUCH MANNER AS THE DEPARTMENT MAY PRESCRIBE, OR TO ACCEPT
26 SUITABLE WORK WHEN OFFERED TO HIM BY THE EMPLOYMENT OFFICE OR BY
27 ANY EMPLOYER, IRRESPECTIVE OF WHETHER OR NOT SUCH WORK IS IN
28 "EMPLOYMENT" AS DEFINED IN THIS ACT: PROVIDED, THAT SUCH
29 EMPLOYER NOTIFIES THE EMPLOYMENT OFFICE OF SUCH OFFER WITHIN
30 SEVEN (7) DAYS AFTER THE MAKING THEREOF; HOWEVER THIS SUBSECTION
19790H1673B3707 - 15 -
1 SHALL NOT CAUSE A DISQUALIFICATION OF A WAITING WEEK OR BENEFITS
2 UNDER THE FOLLOWING CIRCUMSTANCES: WHEN WORK IS OFFERED BY HIS
3 EMPLOYER AND HE IS NOT REQUIRED TO ACCEPT THE OFFER PURSUANT TO
4 THE TERMS OF THE LABOR-MANAGEMENT CONTRACT OR AGREEMENT, OR
5 PURSUANT TO AN ESTABLISHED EMPLOYER PLAN, PROGRAM OR POLICY.
6 * * *
7 SECTION 10. PARAGRAPH (1) OF SUBSECTION (B) OF SECTION 402
8 OF THE ACT AMENDED DECEMBER 5, 1974 (P.L.769, NO.261), IS
9 AMENDED TO READ:
10 SECTION 402. INELIGIBILITY FOR COMPENSATION.--AN EMPLOYE
11 SHALL BE INELIGIBLE FOR COMPENSATION FOR ANY WEEK--
12 * * *
13 (B) [(1)] IN WHICH HIS UNEMPLOYMENT IS DUE TO VOLUNTARILY
14 LEAVING WORK WITHOUT CAUSE OF A NECESSITOUS AND COMPELLING
15 NATURE, IRRESPECTIVE OF WHETHER OR NOT SUCH WORK IS IN
16 "EMPLOYMENT" AS DEFINED IN THIS ACT: PROVIDED, THAT A VOLUNTARY
17 LEAVING WORK BECAUSE OF A DISABILITY IF THE EMPLOYER IS ABLE TO
18 PROVIDE OTHER SUITABLE WORK, SHALL BE DEEMED NOT A CAUSE OF A
19 NECESSITOUS AND COMPELLING NATURE: AND PROVIDED FURTHER, THAT NO
20 EMPLOYE SHALL BE DEEMED TO BE INELIGIBLE UNDER THIS SUBSECTION
21 WHERE AS A CONDITION OF CONTINUING IN EMPLOYMENT SUCH EMPLOYE
22 WOULD BE REQUIRED TO JOIN OR REMAIN A MEMBER OF A COMPANY UNION
23 OR TO RESIGN FROM OR REFRAIN FROM JOINING ANY BONA FIDE LABOR
24 ORGANIZATION, OR TO ACCEPT WAGES, HOURS OR CONDITIONS OF
25 EMPLOYMENT NOT DESIRED BY A MAJORITY OF THE EMPLOYES IN THE
26 ESTABLISHMENT OR THE OCCUPATION, OR WOULD BE DENIED THE RIGHT OF
27 COLLECTIVE BARGAINING UNDER GENERALLY PREVAILING CONDITIONS, AND
28 THAT IN DETERMINING WHETHER OR NOT AN EMPLOYE HAS LEFT HIS WORK
29 VOLUNTARILY WITHOUT CAUSE OF A NECESSITOUS AND COMPELLING
30 NATURE, THE DEPARTMENT SHALL GIVE CONSIDERATION TO THE SAME
19790H1673B3707 - 16 -
1 FACTORS, INSOFAR AS THEY ARE APPLICABLE, PROVIDED, WITH RESPECT
2 TO THE DETERMINATION OF SUITABLE WORK UNDER SECTION FOUR (T):
3 AND PROVIDED FURTHER, THAT THE PROVISIONS OF THIS SUBSECTION
4 SHALL NOT APPLY IN THE EVENT OF A STOPPAGE OF WORK WHICH EXISTS
5 BECAUSE OF A LABOR DISPUTE WITHIN THE MEANING OF SUBSECTION (D).
6 PROVIDED FURTHER, THAT NO OTHERWISE ELIGIBLE CLAIMANT SHALL BE
7 DENIED BENEFITS FOR ANY WEEK IN WHICH HIS UNEMPLOYMENT IS DUE TO
8 EXERCISING THE OPTION OF ACCEPTING A LAYOFF, FROM AN AVAILABLE
9 POSITION, IN FAVOR OF A JUNIOR EMPLOYE, PURSUANT TO A LABOR-
10 MANAGEMENT AGREEMENT.
11 * * *
12 SECTION 11. PARAGRAPH (2) OF SUBSECTION (B) OF SECTION 402
13 OF THE ACT IS REPEALED.
14 SECTION 12. CLAUSE (3) OF SUBSECTION (A) OF SECTION 404 OF
15 THE ACT, AMENDED SEPTEMBER 27, 1971 (P.L.460, NO.108), IS
16 AMENDED TO READ:
17 SECTION 404. RATE AND AMOUNT OF COMPENSATION.--COMPENSATION
18 SHALL BE PAID TO EACH ELIGIBLE EMPLOYE IN ACCORDANCE WITH THE
19 FOLLOWING PROVISIONS OF THIS SECTION EXCEPT THAT COMPENSATION
20 PAYABLE WITH RESPECT TO WEEKS ENDING IN BENEFIT YEARS WHICH
21 BEGIN PRIOR TO THE FIRST DAY OF OCTOBER, ONE THOUSAND NINE
22 HUNDRED SEVENTY-ONE SHALL BE PAID ON THE BASIS OF THE PROVISIONS
23 OF THIS SECTION IN EFFECT AT THE BEGINNING OF SUCH BENEFIT
24 YEARS.
25 (A) * * *
26 (3) IF THE BASE YEAR WAGES OF AN EMPLOYE WHOSE WEEKLY
27 BENEFIT RATE HAS BEEN DETERMINED UNDER CLAUSE (1) OF PARAGRAPH
28 (1) OF THIS SUBSECTION, OR REDETERMINED UNDER PARAGRAPH (2) OF
29 THIS SUBSECTION, AS THE CASE MAY BE, ARE INSUFFICIENT TO QUALIFY
30 HIM UNDER SUBSECTION (C) OF THIS SECTION BUT ARE SUFFICIENT TO
19790H1673B3707 - 17 -
1 QUALIFY HIM FOR ANY ONE OF THE NEXT [FOUR] THREE LOWER WEEKLY
2 BENEFIT RATES, HIS WEEKLY BENEFIT RATE SHALL BE REDETERMINED AT
3 THE HIGHEST OF SUCH NEXT LOWER RATES.
4 * * *
5 SECTION 13. SUBSECTION (D) OF SECTION 404 OF THE ACT,
6 AMENDED JULY 9, 1976 (P.L.842, NO.147), IS AMENDED TO READ:
7 SECTION 404. RATE AND AMOUNT OF COMPENSATION.--COMPENSATION
8 SHALL BE PAID TO EACH ELIGIBLE EMPLOYE IN ACCORDANCE WITH THE
9 FOLLOWING PROVISIONS OF THIS SECTION EXCEPT THAT COMPENSATION
10 PAYABLE WITH RESPECT TO WEEKS ENDING IN BENEFIT YEARS WHICH
11 BEGIN PRIOR TO THE FIRST DAY OF OCTOBER, ONE THOUSAND NINE
12 HUNDRED SEVENTY-ONE SHALL BE PAID ON THE BASIS OF THE PROVISIONS
13 OF THIS SECTION IN EFFECT AT THE BEGINNING OF SUCH BENEFIT
14 YEARS.
15 * * *
16 (D) NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS SECTION
17 EACH ELIGIBLE EMPLOYE WHO IS UNEMPLOYED WITH RESPECT TO ANY WEEK
18 ENDING SUBSEQUENT TO THE FIRST DAY OF JULY, [ONE THOUSAND NINE
19 HUNDRED SEVENTY-FOUR] ONE THOUSAND NINE HUNDRED EIGHTY, SHALL BE
20 PAID, WITH RESPECT TO SUCH WEEK, COMPENSATION IN AN AMOUNT EQUAL
21 TO HIS WEEKLY BENEFIT RATE LESS THE TOTAL OF (I) THE
22 REMUNERATION, IF ANY, PAID OR PAYABLE TO HIM WITH RESPECT TO
23 SUCH WEEK FOR SERVICES PERFORMED WHICH IS IN EXCESS OF HIS
24 PARTIAL BENEFIT CREDIT; (II) VACATION PAY, IF ANY, WHICH IS IN
25 EXCESS OF HIS PARTIAL BENEFIT CREDIT, EXCEPT WHEN PAID TO AN
26 EMPLOYE WHO IS PERMANENTLY OR INDEFINITELY SEPARATED FROM HIS
27 EMPLOYMENT AND (III) [THAT PART OF A RETIREMENT PENSION OR
28 ANNUITY, IF ANY, RECEIVED BY HIM UNDER A PENSION PLAN TO WHICH A
29 BASE-YEAR EMPLOYER OF SUCH EMPLOYE HAS CONTRIBUTED WHICH IS IN
30 EXCESS OF FORTY DOLLARS ($40) PER WEEK. RETIREMENT PENSION OR
19790H1673B3707 - 18 -
1 ANNUITY PAYMENTS RECEIVED BY THE EMPLOYE UNDER THE FEDERAL OASI
2 PROGRAM, THE FEDERAL RAILROAD RETIREMENT PROGRAM OR UNDER ANY
3 RETIREMENT PLAN TO WHICH THE EMPLOYE WAS THE SOLE CONTRIBUTOR,
4 SHALL NOT BE CONSIDERED A DEDUCTIBLE RETIREMENT PENSION OR
5 ANNUITY PAYMENT FOR THE PURPOSE OF THIS SUBSECTION.] AN AMOUNT
6 EQUAL TO THE AMOUNT OF A GOVERNMENTAL OR OTHER PENSION,
7 RETIREMENT OR RETIRED PAY, ANNUITY, OR ANY OTHER SIMILAR
8 PERIODIC PAYMENT WHICH IS BASED ON THE PREVIOUS WORK OF SUCH
9 INDIVIDUAL, WHICH IS REASONABLY ATTRIBUTABLE TO SUCH WEEK, IN
10 ACCORDANCE WITH THIS SUBSECTION. THE BALANCE IN THE EMPLOYE'S
11 COMPENSATION ACCOUNT AS INDICATED IN PART D OF THE TABLE
12 CONTAINED IN SUBSECTION (E) SHALL BE REDUCED BY HIS WEEKLY
13 BENEFIT AMOUNT WITHOUT REGARD TO THE PENSION DEDUCTION PROVIDED
14 HEREIN. THE PROVISIONS OF THIS SUBSECTION SHALL BE APPLICABLE
15 WHETHER OR NOT SUCH VACATION PAY, RETIREMENT PENSION OR
16 ANNUITIES, OR WAGES ARE LEGALLY REQUIRED TO BE PAID. IF SUCH
17 RETIREMENT PENSION OR ANNUITY PAYMENTS DEDUCTIBLE UNDER THE
18 PROVISIONS OF THIS SUBSECTION ARE RECEIVED ON OTHER THAN A
19 WEEKLY BASIS, THE AMOUNT THEREOF SHALL BE ALLOCATED AND PRO-
20 RATED IN ACCORDANCE WITH THE RULES AND REGULATIONS OF THE
21 DEPARTMENT. VACATION PAY, OR OTHER REMUNERATION DEDUCTIBLE UNDER
22 THE PROVISIONS OF THIS SUBSECTION SHALL BE PRO-RATED ON THE
23 BASIS OF THE EMPLOYE'S NORMAL FULL-TIME WEEKLY WAGE AND AS SO
24 PRO-RATED SHALL BE ALLOCATED TO SUCH PERIOD OR PERIODS OF
25 UNEMPLOYMENT AS SHALL BE DETERMINED BY RULES AND REGULATIONS OF
26 THE DEPARTMENT. SUCH COMPENSATION, IF NOT A MULTIPLE OF ONE
27 DOLLAR ($1.00), SHALL BE COMPUTED TO THE NEXT HIGHER MULTIPLE OF
28 ONE DOLLAR ($1.00).
29 * * *
30 SECTION 14. PARAGRAPH (1) OF SUBSECTION (E) OF SECTION 404
19790H1673B3707 - 19 -
1 OF THE ACT, AMENDED DECEMBER 5, 1974 (P.L.771, NO.262), IS
2 AMENDED TO READ:
3 SECTION 404. RATE AND AMOUNT OF COMPENSATION.--COMPENSATION
4 SHALL BE PAID TO EACH ELIGIBLE EMPLOYE IN ACCORDANCE WITH THE
5 FOLLOWING PROVISIONS OF THIS SECTION EXCEPT THAT COMPENSATION
6 PAYABLE WITH RESPECT TO WEEKS ENDING IN BENEFIT YEARS WHICH
7 BEGIN PRIOR TO THE FIRST DAY OF OCTOBER, ONE THOUSAND NINE
8 HUNDRED SEVENTY-ONE SHALL BE PAID ON THE BASIS OF THE PROVISIONS
9 OF THIS SECTION IN EFFECT AT THE BEGINNING OF SUCH BENEFIT
10 YEARS.
11 * * *
12 (E) (1) TABLE SPECIFIED FOR THE DETERMINATION OF
13 RATE AND AMOUNT OF BENEFITS
14 PART A
15 HIGHEST PART B PART C PART D
16 QUARTERLY RATE OF QUALIFYING AMOUNT OF
17 WAGE COMPENSATION WAGES COMPENSATION
18 [$120-262 $13 $ 440 $ 390
19 263-287 14 480 420
20 288-312 15 520 450
21 313-337 16 560 480
22 338-362 17 600 510
23 363-387 18 640 540
24 388-412 19 680 570
25 413-437 20 720 600
26 438-462 21 760 630
27 463-487 22 800 660
28 488-512 23 840 690
29 513-537 24 880 720
30 538-562 25 920 750
19790H1673B3707 - 20 -
1 563-587 26 960 780
2 588-612 27 1000 810
3 613-637 28 1040 840
4 638-662 29 1080 870
5 663-687 30 1120 900
6 688-712 31 1160 930
7 713-737 32 1200 960
8 738-762 33 1240 990
9 763-787 34 1280 1020
10 788-812 35 1320 1050]
11 $800-812 35 1320 1050
12 813-837 36 1360 1080
13 838-862 37 1400 1110
14 863-887 38 1440 1140
15 888-912 39 1480 1170
16 913-937 40 1520 1200
17 938-962 41 1560 1230
18 963-987 42 1600 1260
19 988-1012 43 1640 1290
20 1013-1037 44 1680 1320
21 1038-1062 45 1720 1350
22 1063-1087 46 1760 1380
23 1088-1112 47 1800 1410
24 1113-1162 48 1840 1440
25 1163-1187 49 1880 1470
26 1188-1212 50 1920 1500
27 1213-1237 51 1960 1530
28 1238-1262 52 2000 1560
29 1263-1287 53 2040 1590
30 1288-1312 54 2080 1620
19790H1673B3707 - 21 -
1 1313-1337 55 2120 1650
2 1338-1362 56 2160 1680
3 1363-1387 57 2200 1710
4 1388-1412 58 2240 1740
5 1413-1437 59 2280 1770
6 1438-1462 60 2320 1800
7 1463-1487 61 2360 1830
8 1488-1512 62 2400 1860
9 1513-1537 63 2440 1890
10 1538-1562 64 2480 1920
11 1563-1587 65 2520 1950
12 1588-1612 66 2560 1980
13 1613-1637 67 2600 2010
14 1638-1662 68 2640 2040
15 1663-1687 69 2680 2070
16 1688-1712 70 2720 2100
17 1713-1737 71 2760 2130
18 1738-1762 72 2800 2160
19 1763-1787 73 2840 2190
20 1788-1812 74 2880 2220
21 1813-1837 75 2920 2250
22 1838-1862 76 2960 2280
23 1863-1887 77 3000 2310
24 1888-1912 78 3040 2340
25 1913-1937 79 3080 2370
26 1938-1962 80 3120 2400
27 1963-1987 81 3160 2430
28 1988-2012 82 3200 2460
29 2013-2037 83 3240 2490
30 2038-2062 84 3280 2520
19790H1673B3707 - 22 -
1 2063-2087 85 3320 2550
2 2088-2112 86 3360 2580
3 2113-2137 87 3400 2610
4 2138-2162 88 3440 2640
5 2163-2187 89 3480 2670
6 2188-2212 90 3520 2700
7 2213-2237 91 3560 2730
8 2238-2262 92 3600 2760
9 2263-2287 93 3640 2790
10 2288-2312 94 3680 2820
11 2313-2337 95 3720 2850
12 2338-2362 96 3760 2880
13 2363-2387 97 3800 2910
14 2388-2412 98 3840 2940
15 2413-2437 99 3880 2970
16 2438-2462 100 3920 3000
17 2463-2487 101 3960 3030
18 2488-2512 102 4000 3060
19 2513-2537 103 4040 3090
20 2538-2562 104 4080 3120
21 2563-2587 105 4120 3150
22 2588 OR MORE 106 *4160 3180
23 * (THIS FIGURE SUBJECT TO SECTION 401 (A) (1).
24 * * *
25 SECTION 15. SECTION 407-A OF THE ACT, AMENDED JULY 9, 1976
26 (P.L.842, NO.147), IS AMENDED TO READ:
27 SECTION 407-A. BENEFIT CHARGES.--(A) NOTWITHSTANDING ANY
28 OTHER PROVISIONS OF THIS ACT, [NONE OF THE BENEFITS PAID UNDER
29 THE PROVISIONS OF THIS ARTICLE SHALL BE CHARGED TO THE RESERVE
30 ACCOUNT OF THE CLAIMANT'S BASE YEAR EMPLOYER AND FIFTY (50) PER
19790H1673B3707 - 23 -
1 CENTUM OF THE BENEFITS PAID UNDER THE PROVISIONS OF THIS ARTICLE
2 SHALL BE CHARGED TO THE ACCOUNT OF THE CLAIMANT'S BASE YEAR
3 EMPLOYER WHO IS LIABLE FOR PAYMENTS IN LIEU OF CONTRIBUTIONS TO
4 THE EXTENT THAT SUCH BENEFIT IS ATTRIBUTABLE TO SERVICE IN THE
5 EMPLOY OF SUCH NONPROFIT ORGANIZATION. PROVIDED FURTHER, NO
6 EMPLOYER'S EXPERIENCE RATING ACCOUNT SHALL BE CHARGED, AND NO
7 EMPLOYER SHALL BE LIABLE FOR PAYMENTS IN LIEU OF CONTRIBUTIONS,
8 WITH RESPECT TO EXTENDED BENEFIT PAYMENTS WHICH ARE WHOLLY
9 REIMBURSED TO THE STATE BY THE FEDERAL GOVERNMENT.] EXTENDED
10 BENEFITS PAID UNDER THE PROVISIONS OF THIS ARTICLE SHALL BE
11 CHARGED TO THE EXTENT THAT SUCH BENEFITS ARE ATTRIBUTABLE TO
12 SERVICE IN THE EMPLOY OF THE CLAIMANT'S BASE YEAR EMPLOYER, (I)
13 TO THE RESERVE ACCOUNT BALANCE OF A "CONTRIBUTORY" EMPLOYER, AND
14 (II) TO THE ACCOUNT OF A "REIMBURSABLE" EMPLOYER WHO IS LIABLE
15 FOR PAYMENTS IN LIEU OF CONTRIBUTIONS AS DEFINED IN SECTION
16 4(G), IN THE FOLLOWING PER CENTUMS:
17 (1) FIFTY PER CENTUM WHICH IS ATTRIBUTABLE TO SERVICE IN THE
18 EMPLOY OF EMPLOYERS SUBJECT TO ARTICLES III AND XI; AND
19 (2) ONE HUNDRED PER CENTUM WHICH IS ATTRIBUTABLE TO SERVICE
20 IN THE EMPLOYE OF EMPLOYERS SUBJECT TO ARTICLES X AND XII.
21 (B) ANY EMPLOYERS' EXPERIENCE RATING ACCOUNT, AND NO
22 EMPLOYER LIABLE FOR PAYMENTS IN LIEU OF CONTRIBUTIONS, SHALL BE
23 CHARGED WITH RESPECT TO EXTENDED BENEFIT PAYMENTS WHICH ARE
24 WHOLLY REIMBURSED, OR TO THE EXTENT PARTIALLY REIMBURSED, TO THE
25 STATE BY THE FEDERAL GOVERNMENT.
26 (C) NO BENEFITS PAID UNDER THIS ARTICLE SHALL BE CHARGED TO
27 THE EMPLOYERS' RESERVE ACCOUNT, PROVIDED SUCH EMPLOYER HAS BEEN
28 RELIEVED OF LIABILITY FROM SUCH BENEFITS UNDER THE PROVISIONS OF
29 SECTION 302(A).
30 SECTION 16. SUBSECTION (C) OF SECTION 501 AND SECTION 502 OF
19790H1673B3707 - 24 -
1 THE ACT, AMENDED APRIL 14, 1976 (P.L.113, NO.50), ARE AMENDED TO
2 READ:
3 SECTION 501. DETERMINATION OF COMPENSATION APPEALS.--* * *
4 (C) (1) THE DEPARTMENT SHALL PROMPTLY EXAMINE EACH CLAIM
5 FOR WAITING WEEK CREDIT AND EACH CLAIM FOR COMPENSATION AND ON
6 THE BASIS OF THE FACTS FOUND BY IT SHALL DETERMINE WHETHER OR
7 NOT THE CLAIM IS VALID.
8 (2) NOTICE OF SUCH DETERMINATION NEED NOT BE GIVEN TO THE
9 CLAIMANT IF THE CLAIM IS DETERMINED VALID, BUT IF THE CLAIM IS
10 DETERMINED INVALID, NOTICE SHALL BE GIVEN BY THE DEPARTMENT IN
11 WRITING TO THE CLAIMANT STATING THAT THE CLAIM IS INVALID AND
12 THE REASON THEREFOR.
13 (3) NOTICE OF SUCH DETERMINATION NEED NOT BE GIVEN TO ANY
14 BASE-YEAR EMPLOYER OR LAST EMPLOYER OF THE CLAIMANT UNLESS SUCH
15 BASE-YEAR EMPLOYER OR LAST EMPLOYER HAS FILED WITH THE
16 DEPARTMENT INFORMATION IN WRITING WHICH MIGHT RAISE A QUESTION
17 AS TO THE ELIGIBILITY OF THE CLAIMANT FOR ANY REASON OTHER THAN
18 HIS FAILURE TO COMPLY WITH THE PROVISIONS OF SECTION FOUR
19 HUNDRED ONE (A), IN WHICH EVENT NOTICE SHALL BE GIVEN AS
20 PROVIDED HEREIN.
21 (4) IF AN EMPLOYER FILES WITH THE DEPARTMENT SUCH
22 INFORMATION WITHIN FIFTEEN DAYS AFTER NOTICE REQUIRED UNDER
23 SECTION FIVE HUNDRED ONE (A) OR (B) WAS DELIVERED TO HIM
24 PERSONALLY, OR WAS MAILED TO HIS LAST KNOWN POST OFFICE ADDRESS,
25 THE DEPARTMENT SHALL ISSUE TO SUCH EMPLOYER (I) A NOTICE IN
26 WRITING OF ITS DETERMINATION WITH RESPECT TO EACH CLAIM WHICH IS
27 FILED BY THE CLAIMANT FOR A WEEK, THE FIRST DAY OF WHICH IS ON
28 OR BEFORE THE DATE ON WHICH SUCH INFORMATION IS FILED, AND (II)
29 A NOTICE IN WRITING OF ITS DETERMINATION WITH RESPECT TO THE
30 FIRST VALID CLAIM WHICH IS FILED BY THE CLAIMANT DURING THE
19790H1673B3707 - 25 -
1 CLAIMANT'S BENEFIT YEAR FOR A WEEK, THE LAST DAY OF WHICH IS
2 SUBSEQUENT TO THE DATE ON WHICH SUCH INFORMATION IS FILED.
3 (5) IF AN EMPLOYER FILES WITH THE DEPARTMENT SUCH
4 INFORMATION MORE THAN FIFTEEN DAYS AFTER NOTICE REQUIRED UNDER
5 SECTION FIVE HUNDRED ONE (A) OR (B) WAS DELIVERED TO HIM
6 PERSONALLY, OR WAS MAILED TO HIS LAST KNOWN POST OFFICE ADDRESS,
7 THE DEPARTMENT SHALL ONLY ISSUE TO SUCH EMPLOYER (I) A NOTICE IN
8 WRITING OF ITS DETERMINATION WITH RESPECT TO EACH CLAIM WHICH IS
9 FILED BY THE CLAIMANT FOR A WEEK, THE FIRST DAY OF WHICH IS
10 WITHIN THE THIRTY-DAY PERIOD WHICH IMMEDIATELY PRECEDES THE DATE
11 ON WHICH SUCH INFORMATION IS FILED, AND (II) A NOTICE IN WRITING
12 OF ITS DETERMINATION WITH RESPECT TO THE FIRST VALID CLAIM WHICH
13 IS FILED BY THE CLAIMANT DURING THE CLAIMANT'S BENEFIT YEAR FOR
14 A WEEK, THE LAST DAY OF WHICH IS SUBSEQUENT TO THE DATE ON WHICH
15 SUCH INFORMATION IS FILED.
16 * * *
17 SECTION 502. DECISION OF REFEREE; FURTHER APPEALS AND
18 REVIEWS.--WHERE AN APPEAL FROM THE DETERMINATION OR REVISED
19 DETERMINATION, AS THE CASE MAY BE, OF THE DEPARTMENT IS TAKEN, A
20 REFEREE SHALL, AFTER AFFORDING THE PARTIES AND THE DEPARTMENT
21 REASONABLE OPPORTUNITY FOR A FAIR HEARING, AFFIRM, MODIFY, OR
22 REVERSE SUCH FINDINGS OF FACT AND THE DETERMINATION OR REVISED
23 DETERMINATION, AS THE CASE MAY BE, OF THE DEPARTMENT AS TO HIM
24 SHALL APPEAR JUST AND PROPER. THE PARTIES AND THE DEPARTMENT
25 SHALL BE DULY NOTIFIED OF THE REFEREE'S DECISION, AND THE
26 REASONS THEREFOR, WHICH SHALL BE DEEMED THE FINAL DECISION OF
27 THE BOARD, UNLESS AN APPEAL IS FILED THEREFROM, WITHIN FIFTEEN
28 DAYS AFTER THE DATE OF SUCH DECISION THE BOARD ACTS ON ITS OWN
29 MOTION, [OR UPON APPLICATION, PERMITS ANY OF THE PARTIES OR THE
30 DEPARTMENT TO INSTITUTE A FURTHER APPEAL BEFORE THE BOARD] TO
19790H1673B3707 - 26 -
1 REVIEW THE DECISION OF THE REFEREE. A MEMORANDUM OF TESTIMONY OF
2 ANY HEARING BEFORE ANY REFEREE SHALL BE MADE AND BE PRESERVED
3 FOR A PERIOD OF NINETY DAYS FOLLOWING EXPIRATION OF THE PERIOD
4 FOR FILING AN APPEAL FROM THE FINAL DECISION RENDERED IN THE
5 CASE.
6 SECTION 17. SECTION 505 OF THE ACT, AMENDED APR8L 23, 1942
7 (SP.SESS., P.L.60, NO.23), IS AMENDED TO READ:
8 SECTION 505. RULES OF PROCEDURE.--(A) THE MANNER IN WHICH
9 APPEALS SHALL BE TAKEN, THE REPORTS THEREON REQUIRED FROM THE
10 DEPARTMENT, THE CLAIMANT AND EMPLOYERS, AND THE CONDUCT OF
11 HEARINGS AND APPEALS, SHALL BE IN ACCORDANCE WITH RULES OF
12 PROCEDURE PRESCRIBED BY THE BOARD WHETHER OR NOT SUCH RULES
13 CONFORM TO COMMON LAW OR STATUTORY RULES OF EVIDENCE AND OTHER
14 TECHNICAL RULES OF PROCEDURE. HEARSAY EVIDENCE ADMITTED WITHOUT
15 OBJECTION MAY SUPPORT A FINDING OF THE BOARD OR REFEREE.
16 (B) WHEN THE SAME OR SUBSTANTIALLY SIMILAR EVIDENCE IS
17 RELEVANT AND MATERIAL TO THE MATTER IN ISSUE IN APPLICATIONS AND
18 CLAIMS FILED BY MORE THAN ONE INDIVIDUAL OR IN MULTIPLE
19 APPLICATIONS AND CLAIMS FILED BY A SINGLE INDIVIDUAL THE SAME
20 TIME AND PLACE FOR CONSIDERING EACH SUCH APPLICATION AND CLAIM
21 MAY BE FIXED, HEARINGS THEREON JOINTLY CONDUCTED, A SINGLE
22 RECORD OF THE PROCEEDINGS MADE AND EVIDENCE INTRODUCED WITH
23 RESPECT TO ANY APPLICATION OR CLAIM CONSIDERED AS INTRODUCED
24 WITH RESPECT TO ALL OF SUCH APPLICATIONS OR CLAIMS: PROVIDED,
25 THAT IN THE JUDGMENT OF THE BOARD OR REFEREE HAVING JURISDICTION
26 OF THE PROCEEDING SUCH CONSIDERATION WILL NOT BE PREJUDICIAL TO
27 ANY PARTY.
28 SECTION 18. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
29 SECTION 510.1. APPEAL TO COMMONWEALTH COURT.--(A) AN APPEAL
30 TO THE COMMONWEALTH COURT MAY BE TAKEN BY THE DEPARTMENT OR BY
19790H1673B3707 - 27 -
1 ANY PARTY CLAIMING TO BE TAKEN BY THE DEPARTMENT OR BY ANY PARTY
2 CLAIMING TO BE AGGRIEVED, BUT ONLY AFTER THE APPELLANT HAS
3 EXHAUSTED HIS REMEDIES BEFORE THE BOARD. IN ANY APPEAL THE BOARD
4 SHALL BE MADE THE PARTY RESPONDENT.
5 (B) EVERY APPEAL TO THE COMMONWEALTH COURT SHALL BE TAKEN
6 WITHIN THIRTY (30) DAYS AFTER THE DECISION OR ORDER OF THE BOARD
7 IS ISSUED. THE APPEAL SHALL BE BY PETITION AND SHALL STATE THE
8 GROUNDS UPON WHICH A JUDICIAL REVIEW IS SOUGHT.
9 (C) A COPY OF THE APPEAL PETITION SHALL BE SERVED UPON A
10 MEMBER OR AGENT OF THE BOARD, AND SUFFICIENT ADDITIONAL COPIES
11 SHALL BE LEFT WITH THE BOARD TO ENABLE THE BOARD TO FURNISH A
12 COPY TO EVERY PARTY IN INTEREST IN THE PROCEEDING WHO HAS NOT
13 JOINED IN THE APPEAL. THE BOARD MAY ALSO, IN ITS DISCRETION,
14 CERTIFY TO THE COMMONWEALTH COURT QUESTIONS OF LAW INVOLVED IN
15 ANY DECISION BY IT.
16 (D) IN ANY APPEAL TO THE COMMONWEALTH COURT THE FINDINGS OF
17 THE BOARD AS TO THE FACTS, IF SUPPORTED BY THE EVIDENCE AND IN
18 THE ABSENCE OF FRAUD, SHALL BE CONCLUSIVE, AND IN SUCH CASES THE
19 JURISDICTION OF THE COURT SHALL BE CONFINED TO QUESTIONS OF LAW.
20 SECTION 19. SUBSECTION (B) OF SECTION 804 OF THE ACT,
21 AMENDED DECEMBER 5, 1974 (P.L.771, NO.262), IS AMENDED TO READ:
22 SECTION 804. RECOVERY AND RECOUPMENT OF COMPENSATION.--* * *
23 (B) ANY PERSON WHO OTHER THAN BY REASON OF HIS FAULT HAS
24 RECEIVED WITH RESPECT TO A BENEFIT YEAR ANY SUM AS COMPENSATION
25 UNDER THIS ACT TO WHICH HE WAS NOT ENTITLED SHALL NOT BE LIABLE
26 TO REPAY SUCH SUM BUT SHALL BE LIABLE TO HAVE SUCH SUM DEDUCTED
27 FROM ANY FUTURE COMPENSATION PAYABLE TO HIM WITH RESPECT TO SUCH
28 BENEFIT YEAR, OR THE THREE-YEAR PERIOD IMMEDIATELY FOLLOWING
29 SUCH BENEFIT YEAR: PROVIDED, THAT WITH RESPECT TO OVERPAYMENTS
30 OF ONE HUNDRED DOLLARS OR MORE, RECOUPMENT FROM SUCH FUTURE
19790H1673B3707 - 28 -
1 COMPENSATION SHALL NOT EXCEED ONE-THIRD OF THE MAXIMUM BENEFIT
2 AMOUNT TO WHICH SUCH PERSON IS ENTITLED DURING ANY SUCH
3 SUBSEQUENT BENEFIT YEAR NOR ONE-THIRD OF THE WEEKLY BENEFIT
4 AMOUNT TO WHICH SUCH PERSON MAY BE ENTITLED FOR ANY PARTICULAR
5 WEEK. IN THE ABSENCE OF MISREPRESENTATION OR NON-DISCLOSURE OF A
6 MATERIAL FACT, NO RECOUPMENT SHALL BE HAD IF SUCH OVERPAYMENT IS
7 CREATED BY REASON OF (1) A SUBSEQUENT REVERSAL OF TWO DECISIONS
8 OF ELIGIBILITY UNDER THE PROVISIONS OF SECTION FIVE HUNDRED ONE
9 (E) OF THIS ACT, OR [(2) A RETROACTIVE ALLOCATION OF WAGES
10 PURSUANT TO AN AWARD OF A LABOR RELATIONS BOARD ARBITRATOR OR
11 THE LIKE, UNLESS SUCH AWARD PROVIDES FOR THE REPAYMENT OF
12 UNEMPLOYMENT COMPENSATION BENEFITS RECEIVED DURING THE PERIOD TO
13 WHICH SUCH WAGES ARE ALLOCATED,] OR [(3)] (2) THE SUBSEQUENT
14 RECEIPT OF HOLIDAY PAY, VACATION PAY OR THE LIKE OF WHICH THE
15 PERSON HAD NO KNOWLEDGE, OR [(4)] (3) A SUBSEQUENT DETERMINATION
16 THAT THE PERSON'S BASE YEAR WAGES WERE NOT EARNED IN EMPLOYMENT
17 AS DEFINED IN THIS ACT. NO PROVISION OF THIS SUBSECTION SHALL BE
18 CONSTRUED TO PREVENT OR PROHIBIT THE VOLUNTARY REPAYMENT OF
19 COMPENSATION BY SUCH PERSON OR THE MAINTENANCE OF RECORDS OF
20 OVERPAYMENTS BY THE DEPARTMENT.
21 THE CLAIMANT AND OTHER AFFECTED PARTIES SHALL BE NOTIFIED IN
22 WRITING OF THE DEPARTMENT'S DETERMINATION TO DEDUCT ANY SUM FROM
23 FUTURE COMPENSATION UNDER THIS SECTION, AND SUCH DETERMINATION
24 SHALL BE SUBJECT TO APPEAL IN THE MANNER PROVIDED IN THIS ACT
25 FOR APPEALS FROM DETERMINATIONS OF COMPENSATION.
26 SECTION 20. SECTION 1103 OF THE ACT, AMENDED SEPTEMBER 27,
27 1971 (P.L.460, NO.108), IS AMENDED TO READ:
28 SECTION 1103. LIABILITY FOR CONTRIBUTIONS.--(A) ANY
29 NONPROFIT ORGANIZATION WHICH IS OR BECOMES SUBJECT TO THIS ACT
30 SHALL PAY CONTRIBUTIONS ON REMUNERATION PAID BY IT FOR
19790H1673B3707 - 29 -
1 EMPLOYMENT UNDER THE PROVISIONS OF [SECTION] SECTIONS 301, [OR
2 SECTION] 301.1, 301.2 OR 301.3 OF THIS ACT, AS THE CASE MAY BE,
3 UNLESS AN ELECTION IS MADE TO PAY ON A REIMBURSEMENT BASIS AS
4 [HEREINAFTER PROVIDED] PROVIDED IN SECTION 1104.
5 (B) THE DEPARTMENT MAY CHOOSE THE METHOD OF FINANCING
6 UNEMPLOYMENT COMPENSATION, EITHER CONTRIBUTORY OR REIMBURSEMENT,
7 FOR ANY NON-PROFIT ORGANIZATION UNDER THIS ARTICLE WHICH IS, OR
8 BECOMES SUBJECT TO, THIS ACT AND FAILS TO COMPLY WITH THE
9 REPORTING REQUIREMENTS OF THE ACT.
10 (C) THE DETERMINATION OF THE DEPARTMENT SHALL BECOME
11 CONCLUSIVE AND BINDING UPON THE EMPLOYER FOR A PERIOD OF NOT
12 LESS THAN TWO TAXABLE YEARS UNLESS:
13 (1) WITHIN THIRTY (30) DAYS AFTER THE MAILING OF NOTICE OF
14 THE DETERMINATION TO THE EMPLOYER, THE EMPLOYER APPEALS SUCH
15 DETERMINATION, AND
16 (2) THE EMPLOYER HAS SATISFACTORILY COMPLIED WITH THE
17 REPORTING REQUIREMENTS OF THE METHOD OF FINANCING SELECTED BY
18 THE EMPLOYER.
19 SECTION 21. THIS ACT SHALL TAKE EFFECT IMMEDIATELY AND SHALL
20 APPLY AS FOLLOWS:
21 (1) THE AMENDMENTS TO SECTIONS 4(A), 401, 404(A) AND (E)
22 SHALL APPLY TO APPLICATIONS FOR BENEFITS FILED ON AND AFTER 60
23 DAYS FROM THE DATE OF FINAL ENACTMENT.
24 (2) THE AMENDMENTS TO SECTIONS 4(X)(1), 301, 301.1, 301.2,
25 301.3 AND 407-A SHALL TAKE EFFECT IMMEDIATELY AND SHALL BE
26 RETROACTIVE TO JANUARY 1, 1980.
27 (3) THE INCREASE IN CONTRIBUTIONS REQUIRED BY SECTION 301.2
28 SHALL BE COLLECTIBLE ON AND AFTER OCTOBER 1, 1980. INTEREST
29 REQUIRED AS A PENALTY FOR FAILURE TO PAY SUCH CONTRIBUTIONS
30 SHALL NOT BECOME PAYABLE UNTIL 30 DAYS AFTER THE NOTICE OF RATE
19790H1673B3707 - 30 -
1 DETERMINATION IS ISSUED, OR NOVEMBER 1, 1980 WHICHEVER IS LATER.
2 (4) THE AMENDMENTS TO SECTION 402 SHALL APPLY TO CLAIMS
3 FILED ON AND AFTER 60 DAYS FROM THE DATE OF FINAL ENACTMENT.
4 (5) THE AMENDMENTS TO SECTION 404(D) SHALL BE RETROACTIVE TO
5 MARCH 31, 1980 AND ANY OVERPAYMENTS WHICH OCCUR AS A RESULT OF
6 RETROACTIVE IMPLEMENTATION OF THE PENSION DEDUCTION SHALL BE
7 CONSIDERED NONFAULT AND NONRECUPERABLE.
8 (6) ALL OTHER PROVISIONS SHALL TAKE EFFECT IMMEDIATELY.
G4L59JS/19790H1673B3707 - 31 -