PRINTER'S NO. 669
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
679
Session of
2015
INTRODUCED BY DINNIMAN, TEPLITZ, BREWSTER, WILLIAMS, YUDICHAK,
RAFFERTY, FONTANA, KITCHEN AND COSTA, MARCH 31, 2015
REFERRED TO LABOR AND INDUSTRY, MARCH 31, 2015
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(h) of the act of December 5, 1936
(2nd Sp.Sess., 1937 P.L.2897, No.1), known as the Unemployment
Compensation Law, added December 17, 1959 (P.L.1893, No.693), is
amended to read:
Section 402. Ineligibility for Compensation.--An employe
shall be ineligible for compensation for any week--
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(h) In which he is engaged in self-employment: Provided,
however[,]:
(1) That an employe who is able and available for full-time
work shall be deemed not engaged in self-employment by reason of
continued participation without substantial change during a
period of unemployment in any activity including farming
operations undertaken while customarily employed by an employer
in full-time work whether or not such work is in "employment" as
defined in this act and continued subsequent to separation from
such work when such activity is not engaged in as a primary
source of livelihood. Net earnings received by the employe with
respect to such activity shall be deemed remuneration paid or
payable with respect to such period as shall be determined by
rules and regulations of the department[.]; or
(2) That an employe who becomes self-employed after
qualifying for benefits under this act shall remain eligible for
benefits for up to a twenty-six-week period or until such time
as the net earnings derived from such self-employment surpasses
fifty per centum (50%) of the amount of benefits received under
this act, whichever is earlier. The employe shall meet the
requirements that the employe is able and available for suitable
work under section 401.
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Section 2. This act shall take effect in 60 days.
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