| |
|
| |
| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
| |
| SENATE BILL |
|
| |
| |
| INTRODUCED BY GORDNER, PILEGGI, ERICKSON, BRUBAKER AND BLAKE, JANUARY 13, 2012 |
| |
| |
| REFERRED TO LABOR AND INDUSTRY, JANUARY 13, 2012 |
| |
| |
| |
| 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 | definitions. |
17 | The General Assembly of the Commonwealth of Pennsylvania |
18 | hereby enacts as follows: |
19 | Section 1. Section 401-A(a), (b) and (c) of the act of |
20 | December 5, 1936 (2nd Sp.Sess., 1937 P.L.2897, No.1), known as |
21 | the Unemployment Compensation Law, amended October 22, 1981 |
22 | (P.L.301, No.106) and June 17, 2011 (P.L.16, No.6), are amended |
23 | and the section is amended by adding a subsection to read: |
24 | Section 401-A. Definitions.--As used in this article: |
25 | (a) "Extended benefit period" means a period which |
|
1 | (1) Begins with the third week after the week for which |
2 | there is a State "on" indicator. |
3 | (2) Ends with either of the following weeks, whichever |
4 | occurs later: |
5 | (A) the third week after the first week for which there is a |
6 | State "off" indicator; or |
7 | (B) the thirteenth consecutive week of such period: |
8 | Provided, That no extended benefit period may begin by reason |
9 | of |
10 | (i) a State "on" indicator before the fourteenth week |
11 | following the end of a prior extended benefit period which was |
12 | in effect with respect to this State, or |
13 | (ii) a State "on" indicator under subsection (c)(1) later |
14 | than the twelfth week before the last week to which subsection |
15 | (c.1)(3) applies. |
16 | (b) (1) There is a "State 'on' indicator" for this State |
17 | for a week if the Secretary of Labor and Industry determines in |
18 | accordance with the regulations of the United States Secretary |
19 | of Labor, that for the period consisting of such week and the |
20 | immediately preceding twelve weeks, the rate of insured |
21 | unemployment (not seasonally adjusted) under this act: |
22 | (i) (A) equaled or exceeded one hundred twenty per centum |
23 | of the average of such rates for the corresponding thirteen-week |
24 | period ending in each of the preceding two calendar years, or |
25 | (B) with respect to [compensation for] weeks [of |
26 | unemployment beginning after December 17, 2010, and ending on or |
27 | before December 31, 2011] specified in subsection (c.1)(1), |
28 | equaled or exceeded one hundred twenty per centum (120%) of the |
29 | average of such rates for the corresponding thirteen-week period |
30 | ending in each of the preceding three calendar years, and |
|
1 | (ii) equaled or exceeded five per centum: Provided, That |
2 | with respect to benefits for weeks of unemployment beginning |
3 | with the passage of this amendment but no earlier than April 3, |
4 | 1977, the determination of whether there has been a State "on" |
5 | or "off" indicator beginning or ending any extended benefit |
6 | period shall be made under this paragraph as if (A) this |
7 | paragraph did not contain subparagraph (i) thereof, and (B) the |
8 | per centum rate indicated in this paragraph were six, except |
9 | that, notwithstanding any such provision of this paragraph, any |
10 | week for which there would otherwise be a State "on" indicator |
11 | shall continue to be such a week and shall not be determined to |
12 | be a week for which there is a State "off" indicator. |
13 | (2) There is a "State 'off' indicator" for this State for a |
14 | week if the Secretary of Labor and Industry determines in |
15 | accordance with the regulations of the United States Secretary |
16 | of Labor, that for the period consisting of such week and the |
17 | immediately preceding twelve weeks, the rate of insured |
18 | unemployment (not seasonally adjusted) under this act: |
19 | (i) was less than one hundred twenty per centum of the |
20 | average of such rates for the corresponding thirteen-week period |
21 | ending in each of the preceding two calendar years, if paragraph |
22 | (1)(i)(A) applies or, the preceding three calendar years, if |
23 | paragraph (1)(i)(B) applies, or |
24 | (ii) was less than five per centum. |
25 | (3) Notwithstanding the provisions of this subsection, any |
26 | week for which there would otherwise be a State "on" indicator |
27 | shall continue to be such a week and shall not be determined to |
28 | be a week for which there is a State "off" indicator. |
29 | (c) (1) There is a "State 'on' indicator" for this State |
30 | for a week specified in subsection (c.1)(2) if: |
|
1 | (i) the average rate of total unemployment in this State, |
2 | seasonally adjusted, for the period consisting of the most |
3 | recent three months for which data for all states are published |
4 | before the close of such week equals or exceeds six and one-half |
5 | per centum; and |
6 | (ii) (A) the average rate of total unemployment in this |
7 | State, seasonally adjusted, for the three-month period referred |
8 | to in subparagraph (i) equals or exceeds one hundred ten per |
9 | centum of such average rate for either, or both, of the |
10 | corresponding three-month periods ending in the two preceding |
11 | calendar years, or |
12 | (B) with respect to [compensation for] weeks [of |
13 | unemployment beginning after December 17, 2010, and ending on or |
14 | before December 31, 2011] specified in subsection (c.1)(1), the |
15 | average rate of total unemployment in this State, seasonally |
16 | adjusted, for the three-month period referred to in subparagraph |
17 | (i) equals or exceeds one hundred ten per centum (110%) of such |
18 | average rate for any, or all, of the corresponding three-month |
19 | periods ending in the three preceding calendar years. |
20 | (2) There is a State "off" indicator for this State for a |
21 | week if the requirements of paragraph (1)(i) or (ii) are not |
22 | satisfied. |
23 | [(3) This subsection shall be applicable only with respect |
24 | to weeks of unemployment for which one hundred per centum |
25 | Federal sharing of extended benefits is available under section |
26 | 2005(a) of the American Recovery and Reinvestment Act of 2009 |
27 | (Public Law 111-5, 123 Stat. 115), without regard to the |
28 | extension of Federal sharing for certain claims as provided |
29 | under section 2005(c) of the American Recovery and Reinvestment |
30 | Act of 2009, or under a subsequently enacted provision of |
|
1 | Federal law.] |
2 | (4) Notwithstanding the provisions of this subsection, any |
3 | week for which there would otherwise be a State "on" indicator |
4 | shall continue to be such a week and shall not be determined to |
5 | be a week for which there is a State "off" indicator. |
6 | (5) For purposes of this subsection, determinations of the |
7 | rate of total unemployment for any period, and of any seasonal |
8 | adjustment, shall be made by the United States Secretary of |
9 | Labor. |
10 | (c.1) (1) Subsections (b)(1)(i)(B) and (c)(1)(ii)(B) apply |
11 | to weeks that meet both of the following criteria: |
12 | (i) The week is a week for which the provisions of those |
13 | subsections are authorized by Federal law. |
14 | (ii) The week ends not later than April 30, 2012, and not |
15 | less than twenty-eight (28) days before the last day of the last |
16 | week to which paragraph (3) applies. |
17 | (2) Except as provided in paragraph (1), subsection (c)(1) |
18 | applies to weeks that meet both of the following criteria: |
19 | (i) The week ends not more than twenty-one (21) days before |
20 | the last day of the first week to which paragraph (3) applies. |
21 | (ii) The week ends not later than April 30, 2012, and not |
22 | less than twenty-eight (28) days before the last day of the last |
23 | week to which paragraph (3) applies. |
24 | (3) This paragraph applies to weeks of unemployment for |
25 | which one hundred per centum (100%) Federal sharing of extended |
26 | benefits is available under section 2005(a) of the American |
27 | Recovery and Reinvestment Act of 2009 (Public Law 111-5, 123 |
28 | Stat. 115), without regard to the extension of Federal sharing |
29 | for certain claims as provided under section 2005(c) of the |
30 | American Recovery and Reinvestment Act of 2009, or under a |
|
1 | subsequently enacted provision of Federal law. |
2 | * * * |
3 | Section 2. The amendment or addition of section 401-A(a), |
4 | (b), (c) and (c.1) shall apply retroactively to December 31, |
5 | 2011. |
6 | Section 3. This act shall take effect immediately. |
|