AN ACT

 

1Amending the act of December 5, 1936 (2nd Sp.Sess., 1937 
2P.L.2897, No.1), entitled "An act establishing a system of 
3unemployment compensation to be administered by the 
4Department of Labor and Industry and its existing and newly 
5created agencies with personnel (with certain exceptions) 
6selected on a civil service basis; requiring employers to 
7keep records and make reports, and certain employers to pay 
8contributions based on payrolls to provide moneys for the 
9payment of compensation to certain unemployed persons; 
10providing procedure and administrative details for the 
11determination, payment and collection of such contributions 
12and the payment of such compensation; providing for 
13cooperation with the Federal Government and its agencies; 
14creating certain special funds in the custody of the State 
15Treasurer; and prescribing penalties," further providing for 
<-16qualifications required to secure compensation and for
17ineligibility for compensation.

18The General Assembly of the Commonwealth of Pennsylvania
19hereby enacts as follows:

<-20Section 1. Section 402 of the act of December 5, 1936 (2nd
21Sp.Sess., 1937 P.L.2897, No.1), known as the Unemployment
22Compensation Law, is amended by adding a subsection to read:

<-23Section 1. Section 401(f) of the act of December 5, 1936 

1(2nd Sp.Sess., 1937 P.L.2897, No.1), known as the Unemployment 
2Compensation Law, amended June 12, 2012 (P.L.577, No.60), is 
3amended to read:

4Section 401. Qualifications Required to Secure
5Compensation.--Compensation shall be payable to any employe who
6is or becomes unemployed, and who--

7* * *

8(f) Has earned, subsequent to his separation from work under
9circumstances which are disqualifying under the provisions of
10subsections 402(b), 402(e), 402(e.1) [and 402(h)], 402(h) and 
11402(k) of this act, remuneration for services in an amount equal
12to or in excess of six (6) times his weekly benefit rate in
13"employment" as defined in this act. The provisions of this
14subsection shall not apply to a suspension of work by an
15individual pursuant to a leave of absence granted by his last
16employer, provided such individual has made a reasonable effort
17to return to work with such employer upon the expiration of his
18leave of absence.

19* * *

20Section 2. Section 402 of the act is amended by adding a
21subsection to read:

22Section 402. Ineligibility for Compensation.--An employe
23shall be ineligible for compensation for any week--

24* * *

25(k) In which <-his unemployment is due to either of the 
26following reasons:

27(1) voluntarily leaving employment in order to maintain
28benefits under a retirement plan, annuity or other similar
29periodic payment plan after returning to work following
30retirement; or

1(2) termination of employment in order to maintain benefits
2under a retirement plan, annuity or other similar periodic
3payment plan after returning to work following retirement <-the
4employe's unemployment is due to a separation from work
5initiated by the employe or the employer in order to preserve
6the employe's existing entitlement to a pension, including a
7governmental or other pension, retirement or retired pay,
8annuity or any other similar periodic payments.

9Section <-2 3. The provisions of this act shall apply to
10initial claims filed on or after the effective date of this
11section.

12Section <-3 4. This act shall take effect in 60 days.