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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY DINNIMAN, STACK, SCHWANK, WASHINGTON, BLAKE, BOSCOLA, BREWSTER, BROWNE, COSTA, ERICKSON, FONTANA, WAUGH, WILLIAMS AND TARTAGLIONE, OCTOBER 24, 2011 |
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| REFERRED TO LABOR AND INDUSTRY, OCTOBER 24, 2011 |
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| AN ACT |
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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 | ineligibility for compensation. |
17 | The General Assembly of the Commonwealth of Pennsylvania |
18 | hereby enacts as follows: |
19 | Section 1. Section 402(h) of the act of December 5, 1936 |
20 | (2nd Sp.Sess., 1937 P.L.2897, No.1), known as the Unemployment |
21 | Compensation Law, added December 17, 1959 (P.L.1893, No.693), is |
22 | amended to read: |
23 | Section 402. Ineligibility for Compensation.--An employe |
24 | shall be ineligible for compensation for any week-- |
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1 | * * * |
2 | (h) In which he is engaged in self-employment: Provided, |
3 | however[,]: |
4 | (1) That an employe who is able and available for full-time |
5 | work shall be deemed not engaged in self-employment by reason of |
6 | continued participation without substantial change during a |
7 | period of unemployment in any activity including farming |
8 | operations undertaken while customarily employed by an employer |
9 | in full-time work whether or not such work is in "employment" as |
10 | defined in this act and continued subsequent to separation from |
11 | such work when such activity is not engaged in as a primary |
12 | source of livelihood. Net earnings received by the employe with |
13 | respect to such activity shall be deemed remuneration paid or |
14 | payable with respect to such period as shall be determined by |
15 | rules and regulations of the department[.]; or |
16 | (2) That an employe who becomes self-employed after |
17 | qualifying for benefits under this act shall remain eligible for |
18 | benefits for up to a twenty-six-week period or until such time |
19 | as the source of income derived from such self-employment |
20 | surpasses fifty per centum (50%) of the amount of benefits |
21 | received under this act, whichever is earlier. The employe shall |
22 | meet the requirements that the employe is available for suitable |
23 | work under section 401. |
24 | * * * |
25 | Section 2. This act shall take effect in 60 days. |
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