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                                                      PRINTER'S NO. 1659

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 1218 Session of 2007


        INTRODUCED BY BOSCOLA, LOGAN, STOUT, RAFFERTY, O'PAKE, FERLO,
           WONDERLING AND A. WILLIAMS, DECEMBER 20, 2007

        REFERRED TO LABOR AND INDUSTRY, DECEMBER 20, 2007

                                     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     benefits based on service for educational institutions.

    17     The General Assembly of the Commonwealth of Pennsylvania
    18  hereby enacts as follows:
    19     Section 1.  Section 402.1 of the act of December 5, 1936 (2nd
    20  Sp.Sess., 1937 P.L.2897, No.1), known as the Unemployment
    21  Compensation Law, amended or added December 12, 1979 (P.L.503,
    22  No.108) and July 21, 1983 (P.L.68, No.30), is amended to read:
    23     Section 402.1.  Benefits Based on Service for Educational
    24  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 October 31,
    19  1983, in any other capacity for an educational institution,
    20  except in an ancillary administrative capacity as described in
    21  clause (3), benefits shall not be paid on the basis of such
    22  services to any individual for any week which commences during a
    23  period between two successive academic years or terms if such
    24  individual performs such services in the first of such academic
    25  years or terms and there is a reasonable assurance that such
    26  individual will perform such services in the second of such
    27  academic years or terms.
    28     (3)  (i)  With respect to any services described in clause
    29  (1) or (2), benefits payable on the basis of such services shall
    30  be denied to any individual for any week which commences during
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     1  an established and customary vacation period or holiday recess
     2  if such individual performed such services in the period
     3  immediately before such vacation period or holiday recess, and
     4  there is a reasonable assurance that such individual will
     5  perform such services in the period immediately following such
     6  vacation period or holiday recess.
     7     (ii)  This clause shall not apply to service performed in an
     8  ancillary administrative capacity during a period between two
     9  successive academic years.
    10     (iii)  For purposes of clause (2) and this clause, the term
    11  "service performed in an ancillary administrative capacity"
    12  means service rendered by a substitute teacher who does not have
    13  a contract with an educational institution for an academic year,
    14  semester or specific portion thereof, and service involving
    15  primarily, noneducational or nonprofessional, administrative
    16  duties that are subject to supervision or control by
    17  instructional, research or principal administrative personnel,
    18  including, but not limited to, service as a cafeteria worker,
    19  school bus operator, janitor or security guard.
    20     (4)  (i)  With respect to weeks of unemployment beginning
    21  after January 1, 1979, benefits shall be denied to an individual
    22  who performed services in or near an educational institution
    23  while in the employ of an educational service agency for any
    24  week which commences during a period described in clauses (1),
    25  (2) and (3) if such individual performs any services described
    26  in clause (1) or (2) in the first of such periods, as specified
    27  in the applicable clause, and there is a contract or a
    28  reasonable assurance, as applicable in the appropriate clause,
    29  that such individual will perform such services in the second of
    30  such periods, as applicable in the appropriate clause.
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     1     (ii)  For purposes of this clause the term "educational
     2  service agency" means a governmental agency or governmental
     3  entity which is established and operated exclusively for the
     4  purposes of providing such services to one or more educational
     5  institutions. A political subdivision or an intermediate unit
     6  may establish and operate such an educational service agency.
     7     (iii)  Nothing contained in this section shall be construed
     8  to modify existing collective bargaining units organized under
     9  the provisions of the act of July 23, 1970 (P.L.563, No.195),
    10  known as the "Public Employe Relations Act," unless specifically
    11  agreed to by both the employer and employe representatives.
    12     (5)  With respect to an individual who performs services
    13  described in clause (2) [of this section] and who pursuant to
    14  clause (2) or (4) [of this section] is denied benefits for the
    15  period between academic years or terms, such individual if [he
    16  is] not offered an opportunity to perform such service in the
    17  second of such academic years or terms shall be paid benefits
    18  for the period which commences with the first week [he] such
    19  individual was denied benefits solely by the reason of clause
    20  (2) or (4) [of this section], provided [he] such individual had
    21  filed timely claims for benefits throughout the denial period
    22  and was otherwise eligible for benefits.
    23     Section 2.  This act shall take effect in 60 days.





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