PRINTER'S NO. 269
No. 264 Session of 1981
INTRODUCED BY DOMBROWSKI, GREENFIELD, PRATT, MANDERINO, WACHOB,
LAUGHLIN, F. E. TAYLOR, DeMEDIO, IRVIS, OLIVER, LETTERMAN,
WARGO, A. K. HUTCHINSON, BOWSER, BOYES, CAPPABIANCA, MERRY,
RIEGER, McINTYRE, McCALL, LUCYK, BELFANTI, O'DONNELL AND
TIGUE, JANUARY 27, 1981
REFERRED TO COMMITTEE ON LABOR RELATIONS, JANUARY 27, 1981
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 the amount of compensation.
17 The General Assembly of the Commonwealth of Pennsylvania
18 hereby enacts as follows:
19 Section 1. Subsection (d) of section 404, act of December 5,
20 1936 (2nd Sp.Sess., 1937 P.L.2897, No.1), known as the
21 "Unemployment Compensation Law," amended July 10, 1980 (No.108),
22 is amended to read:
23 Section 404. Rate and Amount of Compensation.--Compensation
1 shall be paid to each eligible employe in accordance with the
2 following provisions of this section except that compensation
3 payable with respect to weeks ending in benefit years which
4 begin prior to the first day of October, one thousand nine
5 hundred seventy-one shall be paid on the basis of the provisions
6 of this section in effect at the beginning of such benefit
7 years.
8 * * *
9 (d) Notwithstanding any other provisions of this section
10 each eligible employe who is unemployed with respect to any week
11 ending subsequent to the first day of July, one thousand nine
12 hundred eighty, shall be paid, with respect to such week,
13 compensation in an amount equal to his weekly benefit rate less
14 the total of (i) the remuneration, if any, paid or payable to
15 him with respect to such week for services performed which is in
16 excess of his partial benefit credit; (ii) vacation pay, if any,
17 which is in excess of his partial benefit credit, except when
18 paid to an employe who is permanently or indefinitely separated
19 from his employment and (iii) [an amount equal to the amount of
20 a governmental or other pension, retirement or retired pay,
21 annuity, or any other similar periodic payment which is based on
22 the previous work of such individual, which is reasonably
23 attributable to such week, in accordance with this subsection]
24 retirement pay, if any, to the extent that such retirement pay
25 exceeds the share of contributions made by the individual for
26 said retirement pay. For purposes of this subsection "retirement
27 pay" means any governmental or other pension, retirement or
28 retired pay, annuity or any other similar periodic payment which
29 is based on the previous work of such individual, which is
30 reasonably attributable to such week: Provided, That, such
19810H0264B0269 - 2 -
1 retirement pay is under a plan maintained by or contributed to
2 by a base period employer or chargeable employer under this act:
3 And further provided, That, in the case of retirement pay not
4 made under the Social Security Act or the Federal Railroad
5 Retirement Program, services performed for such employer by the
6 individual after the beginning of the base period as defined in
7 this act affect eligibility for or increase the amount of such
8 retirement pay. The balance in the employe's compensation
9 account as indicated in Part D of the table contained in
10 subsection (e) shall be reduced by his weekly benefit amount
11 without regard to the pension deduction provided herein:
12 Provided, however, That notwithstanding section 804, any
13 overpayment that occurs as a result of the retroactive
14 implementation of the changes made in this subsection of this
15 amendatory act shall be established as nonfault nonrecoupable.
16 The provisions of this subsection shall be applicable whether or
17 not such vacation pay, retirement pension or annuities, or wages
18 are legally required to be paid. If such retirement pension or
19 annuity payments deductible under the provisions of this
20 subsection are received on other than a weekly basis, the amount
21 thereof shall be allocated and pro-rated in accordance with the
22 rules and regulations of the department. Vacation pay, or other
23 remuneration deductible under the provisions of this subsection
24 shall be pro-rated on the basis of the employe's normal full-
25 time weekly wage and as so pro-rated shall be allocated to such
26 period or periods of unemployment as shall be determined by
27 rules and regulations of the department. Such compensation, if
28 not a multiple of one dollar ($1.00), shall be computed to the
29 next higher multiple of one dollar ($1.00).
30 * * *
19810H0264B0269 - 3 -
1 Section 2. This act shall take effect immediately and shall
2 be retroactive for claim weeks beginning on or after November 1,
3 1980.
A21L43WMB/19810H0264B0269 - 4 -