PRINTER'S NO. 2062
No. 1633 Session of 1983
INTRODUCED BY HASAY, JAROLIN, STUBAN, CIMINI, DOMBROWSKI, WASS,
GODSHALL, CAWLEY, BELARDI, TIGUE, DALEY, PUNT AND BLAUM,
OCTOBER 26, 1983
REFERRED TO COMMITTEE ON LABOR RELATIONS, OCTOBER 26, 1983
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," excluding military
16 pensions from benefit rate computation.
17 The General Assembly of the Commonwealth of Pennsylvania
18 hereby enacts as follows:
19 Section 1. Section 404(d) of the act of December 5, 1936
20 (2nd Sp.Sess., 1937 P.L.2897, No.1), known as the Unemployment
21 Compensation Law, amended July 21, 1983 (P.L.68, No.30), is
22 amended to read:
23 Section 404. Rate and Amount of Compensation.--Compensation
24 shall be paid to each eligible employe in accordance with the
1 following provisions of this section except that compensation
2 payable with respect to weeks ending in benefit years which
3 begin prior to the first day of January 1984 shall be paid on
4 the basis of the provisions of this section in effect at the
5 beginning of such benefit years.
6 * * *
7 (d) Notwithstanding any other provisions of this section
8 each eligible employe who is unemployed with respect to any week
9 ending subsequent to July 1, 1980 shall be paid, with respect to
10 such week, compensation in an amount equal to his weekly benefit
11 rate less the total of (i) the remuneration, if any, paid or
12 payable to him with respect to such week for services performed
13 which is in excess of his partial benefit credit; (ii) vacation
14 pay, if any, which is in excess of his partial benefit credit,
15 except when paid to an employe who is permanently or
16 indefinitely separated from his employment and (iii) an amount
17 equal to the amount of a governmental or other pension,
18 retirement or retired pay, annuity, or any other similar
19 periodic payment which is based on the previous work of such
20 individual, which is reasonably attributable to such week, in
21 accordance with this subsection but which shall exclude any
22 pension or retirement pay received by retired United States
23 military personnel. The provisions of this subsection shall be
24 applicable whether or not such vacation pay, retirement pension
25 or annuities, or wages are legally required to be paid. If such
26 retirement pension or annuity payments deductible under the
27 provisions of this subsection are received on other than a
28 weekly basis, the amount thereof shall be allocated and pro-
29 rated in accordance with the rules and regulations of the
30 department. Vacation pay, or other remuneration deductible under
19830H1633B2062 - 2 -
1 the provisions of this subsection shall be pro-rated on the
2 basis of the employe's normal full-time weekly wage and as so
3 pro-rated shall be allocated to such period or periods of
4 unemployment as shall be determined by rules and regulations of
5 the department. Such compensation, if not a multiple of one
6 dollar ($1), shall be computed to the next lower multiple of one
7 dollar ($1).
8 * * *
9 Section 2. This act shall apply to claims for compensation
10 dated on and after the effective date of this act.
11 Section 3. This act shall take effect in 90 days.
J7L43DGS/19830H1633B2062 - 3 -