THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY HARRIS, AUMENT, BAKER, BARRAR, BEAR, BENNINGHOFF, BLOOM, BOYD, CAUSER, CHRISTIANA, COX, CREIGHTON, CUTLER, DELOZIER, DENLINGER, ELLIS, EVANKOVICH, EVERETT, FLECK, GABLER, GEIST, GILLESPIE, GINGRICH, GRELL, GROVE, HELM, HESS, HICKERNELL, HUTCHINSON, KAUFFMAN, F. KELLER, M. K. KELLER, KRIEGER, LAWRENCE, MARSHALL, MARSICO, METCALFE, MILLARD, MILLER, MOUL, MULLERY, MURT, MUSTIO, OBERLANDER, O'NEILL, PEIFER, PERRY, PICKETT, PYLE, QUIGLEY, QUINN, RAPP, REED, ROAE, ROSS, SAYLOR, STERN, SWANGER, TALLMAN, TRUITT AND TURZAI, MAY 2, 2012

AS REPORTED FROM COMMITTEE ON LABOR AND INDUSTRY, HOUSE OF REPRESENTATIVES, AS AMENDED, MAY 8, 2012   

AN ACT

Amending the act of December 5, 1936 (2nd Sp.Sess., 1937

P.L.2897, No.1), entitled "An act establishing a system of

unemployment compensation to be administered by the

Department of Labor and Industry and its existing and newly

created agencies with personnel (with certain exceptions)

selected on a civil service basis; requiring employers to

keep records and make reports, and certain employers to pay

contributions based on payrolls to provide moneys for the

payment of compensation to certain unemployed persons;

providing procedure and administrative details for the

determination, payment and collection of such contributions

and the payment of such compensation; providing for

cooperation with the Federal Government and its agencies;

creating certain special funds in the custody of the State

Treasurer; and prescribing penalties," further providing for

ineligibility for compensation.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 402 of the act of December 5, 1936 (2nd

Sp.Sess., 1937 P.L.2897, No.1), known as the Unemployment

Compensation Law, is amended by adding a subsection to read:

Section 402.  Ineligibility for Compensation.--An employe

shall be ineligible for compensation for any week--

* * *

(k)  In which his unemployment is due to:

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(1)  voluntarily leaving employment in order to maintain

eligibility for pension benefits under a retirement plan,

annuity or other similar periodic payment; or

(2)  an employer's terminating his employment in order to

allow the employe to maintain eligibility for pension benefits

under a retirement plan, annuity or other similar periodic

payment. either of the following reasons:

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(1)  voluntarily leaving employment in order to maintain

benefits under a retirement plan, annuity or other similar

periodic payment plan after returning to work following

retirement; or

(2)  termination of employment in order to maintain benefits

under a retirement plan, annuity or other similar periodic

payment plan after returning to work following retirement.

Section 2.  The provisions of this act shall apply to initial

claims filed on or after the effective date of this act.

Section 3.  This act shall take effect in 60 days.