PRINTER'S NO. 1659
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 20070S1218B1659 - 2 -
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. 20070S1218B1659 - 3 -
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. I17L43JLW/20070S1218B1659 - 4 -