SENATE AMENDED
PRIOR PRINTER'S NO. 146
PRINTER'S NO. 1370
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
178
Session of
2021
INTRODUCED BY JAMES, CAUSER, CIRESI, HILL-EVANS, JOZWIAK,
KAUFFMAN, MIZGORSKI, NEILSON, OWLETT, PISCIOTTANO, ROTHMAN,
RYAN, SANCHEZ, THOMAS, WEBSTER, WHEELAND, D. WILLIAMS,
ZIMMERMAN AND GILLEN, JANUARY 15, 2021
SENATOR BARTOLOTTA, LABOR AND INDUSTRY, IN SENATE, AS AMENDED,
APRIL 27, 2021
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," in determination of
compensation, appeals, reviews and procedure, further
providing for determination of compensation appeals and for
decision of referee and further appeals and reviews. IN
ADMINISTRATION OF ACT, FURTHER PROVIDING FOR RECORDS OF AND
REPORTS BY EMPLOYERS; IN COMPENSATION, FURTHER PROVIDING FOR
QUALIFICATIONS REQUIRED TO SECURE COMPENSATION AND FOR RATE
AND AMOUNT OF COMPENSATION; IN DETERMINATION OF COMPENSATION,
APPEALS, REVIEWS AND PROCEDURE, FURTHER PROVIDING FOR
DETERMINATION OF COMPENSATION APPEALS AND FOR DECISION OF
REFEREE AND FURTHER APPEALS AND REVIEWS; AND, IN SHARED-WORK
PROGRAM, FURTHER PROVIDING FOR PARTICIPATING EMPLOYER
RESPONSIBILITIES.
The General Assembly of the Commonwealth of Pennsylvania
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hereby enacts as follows:
Section 1. Sections 501(e) and 502 of the act of December 5,
1936 (2nd Sp.Sess., 1937 P.L.2897, No.1), known as the
Unemployment Compensation Law, are amended to read:
Section 501. Determination of Compensation Appeals.--* * *
(e) Unless the claimant or last employer or base-year
employer of the claimant files an appeal with the board, from
the determination contained in any notice required to be
furnished by the department under section five hundred and one
(a), (c) and (d), within [fifteen] twenty-one calendar days
after such notice was delivered to him personally, or was mailed
to his last known post office address, and applies for a
hearing, such determination of the department, with respect to
the particular facts set forth in such notice, shall be final
and compensation shall be paid or denied in accordance
therewith.
Section 502. Decision of Referee; Further Appeals and
Reviews.--Where an appeal from the determination or revised
determination, as the case may be, of the department is taken, a
referee shall, after affording the parties and the department
reasonable opportunity for a fair hearing, affirm, modify, or
reverse such findings of fact and the determination or revised
determination, as the case may be, of the department as to him
shall appear just and proper. The parties and their attorneys or
other representatives of record and the department shall be duly
notified of the time and place of a referee's hearing and of the
referee's decision, and the reasons therefor, which shall be
deemed the final decision of the board, unless an appeal is
filed therefrom, within [fifteen] twenty-one days after the date
of such decision the board acts on its own motion, to review the
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decision of the referee. The testimony at any hearing before a
referee shall be taken by a recording device and be preserved
for a period of ninety days following expiration of the period
for filing an appeal from the final decision rendered in the
case. An unabridged transcript and audio recording of the
testimony shall be made available, at cost if not used for
unemployment compensation purposes or a subsequent appeal, to
the parties and their attorneys or other representatives upon
written request to the referee.
Section 2. The amendment of sections 501(e) and 502 of the
act shall apply to determinations issued under section 501(e)
and decisions issued under section 502 on or after the
publication of the notice under section 3 of this act.
SECTION 1. SECTIONS 206(A) AND 401(A)(2) OF THE ACT OF
DECEMBER 5, 1936 (2ND SP.SESS., 1937 P.L.2897, NO.1), KNOWN AS
THE UNEMPLOYMENT COMPENSATION LAW, ARE AMENDED TO READ:
SECTION 206. RECORDS OF AND REPORTS BY EMPLOYERS.--(A) EACH
EMPLOYER (WHETHER OR NOT LIABLE FOR THE PAYMENT OF CONTRIBUTIONS
UNDER THIS ACT) SHALL KEEP ACCURATE EMPLOYMENT RECORDS
CONTAINING SUCH INFORMATION, AS MAY BE PRESCRIBED BY THE RULES
AND REGULATIONS ADOPTED BY THE DEPARTMENT. SUCH RECORDS SHALL BE
OPEN TO INSPECTION BY THE DEPARTMENT AND ITS AGENTS AT ANY
REASONABLE TIME, AND AS OFTEN AS MAY BE DEEMED NECESSARY, BUT
EMPLOYERS NEED NOT RETAIN SUCH RECORDS MORE THAN [FOUR (4)] SIX
(6) YEARS AFTER CONTRIBUTIONS RELATING TO SUCH RECORDS HAVE BEEN
PAID. THE DEPARTMENT MAY REQUIRE FROM SUCH EMPLOYERS SUCH
REPORTS AS IT DEEMS NECESSARY, WHICH SHALL BE SWORN TO, IF
REQUIRED BY THE DEPARTMENT.
* * *
SECTION 401. QUALIFICATIONS REQUIRED TO SECURE
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COMPENSATION.--COMPENSATION SHALL BE PAYABLE TO ANY EMPLOYE WHO
IS OR BECOMES UNEMPLOYED, AND WHO--
(A) SATISFIES BOTH OF THE FOLLOWING REQUIREMENTS:
* * *
(2) EXCEPT AS PROVIDED IN SECTION 404(A)(3) AND [(E)(1) AND
(2)] (E)(2)(V), NOT LESS THAN THIRTY-SEVEN PER CENTUM (37%) OF
THE EMPLOYE'S TOTAL BASE YEAR WAGES HAVE BEEN PAID IN ONE OR
MORE QUARTERS, OTHER THAN THE HIGHEST QUARTER IN SUCH EMPLOYE'S
BASE YEAR.
* * *
SECTION 2. SECTION 404(E)(2)(I)(B)(I) AND (IV)(A) AND (C) OF
THE ACT ARE AMENDED AND SUBSECTION (E)(2)(I)(B)(IV) IS AMENDED
BY ADDING A UNIT TO READ:
SECTION 404. RATE AND AMOUNT OF COMPENSATION.--COMPENSATION
SHALL BE PAID TO EACH ELIGIBLE EMPLOYE IN ACCORDANCE WITH THE
FOLLOWING PROVISIONS OF THIS SECTION EXCEPT THAT COMPENSATION
PAYABLE WITH RESPECT TO WEEKS ENDING IN BENEFIT YEARS WHICH
BEGIN PRIOR TO THE FIRST DAY OF JANUARY 1989 SHALL BE PAID ON
THE BASIS OF THE PROVISIONS OF THIS SECTION IN EFFECT AT THE
BEGINNING OF SUCH BENEFIT YEARS.
* * *
(E) * * *
(2) (I) THE TABLE SPECIFIED FOR THE DETERMINATION OF RATE
AND AMOUNT OF BENEFITS SHALL BE EXTENDED OR CONTRACTED ANNUALLY,
AUTOMATICALLY BY REGULATIONS PROMULGATED BY THE SECRETARY. THE
TABLE SHALL BE EXTENDED OR CONTRACTED IN ACCORDANCE WITH THE
FOLLOWING:
* * *
(B) WHEN IT IS NECESSARY TO EXTEND THE TABLE, IT SHALL BE
DONE IN ACCORDANCE WITH THE FOLLOWING PROCEDURE:
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(I) THE WORDS "OR MORE" SHALL BE DELETED FROM THE LAST LINE
UNDER PART A, AND AN AMOUNT TWENTY-FOUR DOLLARS ($24) GREATER
THAN THE FIRST ENTRY IN THAT LINE SHALL BE SUBSTITUTED THEREFOR.
THE WORDS "AMOUNT REQUIRED UNDER SECTION 401(A)(2)" SHALL BE
DELETED FROM THE LAST LINE UNDER PART C.
* * *
(IV) PART C SHALL BE EXTENDED TO THE POINT WHERE, UNDER PART
B, THE AMOUNT IS EQUAL TO SIXTY-SIX AND TWO-THIRDS PER CENTUM
(66 2/3%) OF THE AVERAGE WEEKLY WAGE.
(A) THE AMOUNT ON EACH LINE IN PART C, OTHER THAN THE LAST
LINE, SHALL BE DERIVED FROM THE FIRST ENTRY ON THE SAME LINE IN
PART A, IN ACCORDANCE WITH THE FOLLOWING FORMULA:
(FIRST ENTRY IN PART A PLUS TWENTY-FOUR DOLLARS ($24)) X 100
DIVIDED BY SIXTY-THREE (63)
IF THE AMOUNT DETERMINED BY THIS FORMULA IS NOT AN EVEN
MULTIPLE OF ONE DOLLAR ($1), IT SHALL BE ROUNDED TO THE NEXT
HIGHER MULTIPLE OF ONE DOLLAR ($1).
(B.1) THE LAST LINE IN PART C SHALL CONTAIN THE WORDS
"AMOUNT REQUIRED UNDER SECTION 401(A)(2)."
(C) WHEN IT IS NECESSARY TO CONTRACT THE TABLE, IT SHALL BE
DONE BY DELETING ALL LINES FOLLOWING THAT IN WHICH THE AMOUNT IN
PART B IS SIXTY-SIX AND TWO-THIRDS PER CENTUM (66 2/3%) OF THE
AVERAGE WEEKLY WAGE AND SUBSTITUTING THE WORDS "OR MORE" FOR THE
HIGHER AMOUNT UNDER PART A ON THAT LINE AND SUBSTITUTING THE
WORDS "AMOUNT REQUIRED UNDER SECTION 401(A)(2)" FOR THE AMOUNT
UNDER PART C ON THAT LINE.
* * *
SECTION 3. SECTION 501(C)(4) AND (5) AND (E) OF THE ACT ARE
AMENDED AND THE SECTION IS AMENDED BY ADDING A SUBSECTION TO
READ:
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SECTION 501. DETERMINATION OF COMPENSATION APPEALS.--* * *
(C) * * *
(4) IF AN EMPLOYER FILES WITH THE DEPARTMENT SUCH
INFORMATION [WITHIN FIFTEEN] NO LATER THAN TWENTY-ONE DAYS AFTER
THE "DETERMINATION DATE" PROVIDED ON THE NOTICE REQUIRED UNDER
SECTION FIVE HUNDRED ONE (A) OR THE "NOTICE DATE" PROVIDED ON
THE NOTICE REQUIRED UNDER SECTION FIVE HUNDRED ONE (B) [WAS
DELIVERED TO HIM PERSONALLY, OR WAS MAILED TO HIS LAST KNOWN
POST OFFICE ADDRESS], THE DEPARTMENT SHALL ISSUE TO SUCH
EMPLOYER (I) A NOTICE IN WRITING OF ITS DETERMINATION WITH
RESPECT TO EACH CLAIM WHICH IS FILED BY THE CLAIMANT FOR A WEEK,
THE FIRST DAY OF WHICH IS ON OR BEFORE THE DATE ON WHICH SUCH
INFORMATION IS FILED, AND (II) A NOTICE IN WRITING OF ITS
DETERMINATION WITH RESPECT TO THE FIRST VALID CLAIM WHICH IS
FILED BY THE CLAIMANT DURING THE CLAIMANT'S BENEFIT YEAR FOR A
WEEK, THE LAST DAY OF WHICH IS SUBSEQUENT TO THE DATE ON WHICH
SUCH INFORMATION IS FILED.
(5) IF AN EMPLOYER FILES WITH THE DEPARTMENT SUCH
INFORMATION MORE THAN [FIFTEEN] TWENTY-ONE DAYS AFTER THE
"DETERMINATION DATE" PROVIDED ON THE NOTICE REQUIRED UNDER
SECTION FIVE HUNDRED ONE (A) OR THE "NOTICE DATE" PROVIDED ON
THE NOTICE REQUIRED UNDER SECTION FIVE HUNDRED ONE (B) [WAS
DELIVERED TO HIM PERSONALLY, OR WAS MAILED TO HIS LAST KNOWN
POST OFFICE ADDRESS], THE DEPARTMENT SHALL ONLY ISSUE TO SUCH
EMPLOYER (I) A NOTICE IN WRITING OF ITS DETERMINATION WITH
RESPECT TO EACH CLAIM WHICH IS FILED BY THE CLAIMANT FOR A WEEK,
THE FIRST DAY OF WHICH IS WITHIN THE THIRTY-DAY PERIOD WHICH
IMMEDIATELY PRECEDES THE DATE ON WHICH SUCH INFORMATION IS
FILED, AND (II) A NOTICE IN WRITING OF ITS DETERMINATION WITH
RESPECT TO THE FIRST VALID CLAIM WHICH IS FILED BY THE CLAIMANT
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DURING THE CLAIMANT'S BENEFIT YEAR FOR A WEEK, THE LAST DAY OF
WHICH IS SUBSEQUENT TO THE DATE ON WHICH SUCH INFORMATION IS
FILED.
* * *
(E) UNLESS THE CLAIMANT OR LAST EMPLOYER OR BASE-YEAR
EMPLOYER OF THE CLAIMANT FILES AN APPEAL WITH THE BOARD, FROM
THE DETERMINATION CONTAINED IN ANY NOTICE REQUIRED TO BE
FURNISHED BY THE DEPARTMENT UNDER SECTION FIVE HUNDRED AND ONE
(A), (C) AND (D), [WITHIN FIFTEEN] NO LATER THAN TWENTY-ONE
CALENDAR DAYS AFTER THE "DETERMINATION DATE" PROVIDED ON SUCH
NOTICE [WAS DELIVERED TO HIM PERSONALLY, OR WAS MAILED TO HIS
LAST KNOWN POST OFFICE ADDRESS], AND APPLIES FOR A HEARING, SUCH
DETERMINATION OF THE DEPARTMENT, WITH RESPECT TO THE PARTICULAR
FACTS SET FORTH IN SUCH NOTICE, SHALL BE FINAL AND COMPENSATION
SHALL BE PAID OR DENIED IN ACCORDANCE THEREWITH.
(F) A NOTICE OR A DETERMINATION TO A CLAIMANT OR EMPLOYER
UNDER THIS SECTION SHALL BE MAILED TO THE CLAIMANT'S OR
EMPLOYER'S LAST KNOWN POST OFFICE ADDRESS OR TRANSMITTED
ELECTRONICALLY, AS DESIGNATED BY THE RECIPIENT.
SECTION 4. SECTIONS 502 AND 1307(A) OF THE ACT ARE AMENDED
TO READ:
SECTION 502. DECISION OF REFEREE; FURTHER APPEALS AND
REVIEWS.--(A) WHERE AN APPEAL FROM THE DETERMINATION OR REVISED
DETERMINATION, AS THE CASE MAY BE, OF THE DEPARTMENT IS TAKEN, A
REFEREE SHALL, AFTER AFFORDING THE PARTIES AND THE DEPARTMENT
REASONABLE OPPORTUNITY FOR A FAIR HEARING, AFFIRM, MODIFY, OR
REVERSE SUCH FINDINGS OF FACT AND THE DETERMINATION OR REVISED
DETERMINATION, AS THE CASE MAY BE, OF THE DEPARTMENT AS TO HIM
SHALL APPEAR JUST AND PROPER. THE PARTIES AND THEIR ATTORNEYS OR
OTHER REPRESENTATIVES OF RECORD AND THE DEPARTMENT SHALL BE DULY
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NOTIFIED OF THE TIME AND PLACE OF A REFEREE'S HEARING AND OF THE
REFEREE'S DECISION, AND THE REASONS THEREFOR, WHICH SHALL BE
DEEMED THE FINAL DECISION OF THE BOARD, UNLESS AN APPEAL IS
FILED THEREFROM, [WITHIN FIFTEEN] NO LATER THAN TWENTY-ONE DAYS
AFTER THE [DATE OF] "DECISION DATE" PROVIDED ON SUCH DECISION OR
THE BOARD ACTS ON ITS OWN MOTION, TO REVIEW THE DECISION OF THE
REFEREE. THE TESTIMONY AT ANY HEARING BEFORE A REFEREE SHALL BE
TAKEN BY A RECORDING DEVICE AND BE PRESERVED FOR A PERIOD OF
NINETY DAYS FOLLOWING EXPIRATION OF THE PERIOD FOR FILING AN
APPEAL FROM THE FINAL DECISION RENDERED IN THE CASE. AN
UNABRIDGED TRANSCRIPT AND AUDIO RECORDING OF THE TESTIMONY SHALL
BE MADE AVAILABLE, AT COST IF NOT USED FOR UNEMPLOYMENT
COMPENSATION PURPOSES OR A SUBSEQUENT APPEAL, TO THE PARTIES AND
THEIR ATTORNEYS OR OTHER REPRESENTATIVES UPON WRITTEN REQUEST TO
THE REFEREE.
(B) A DECISION UNDER SUBSECTION (A) SHALL BE MAILED TO EACH
RELEVANT PARTY'S LAST KNOWN POST OFFICE ADDRESS OR TRANSMITTED
ELECTRONICALLY, AS DESIGNATED BY THE PARTY.
SECTION 1307. PARTICIPATING EMPLOYER RESPONSIBILITIES.
(A) FILING CLAIMS.--THE DEPARTMENT SHALL ESTABLISH A
SCHEDULE [OF CONSECUTIVE TWO-WEEK PERIODS] CONSISTENT WITH THE
RULES AND REGULATIONS OF THE DEPARTMENT WITHIN THE EFFECTIVE
PERIOD OF THE SHARED-WORK PLAN. [THE DEPARTMENT MAY, AS
NECESSARY, INCLUDE ONE-WEEK PERIODS IN THE SCHEDULE AND REVISE
THE SCHEDULE.] AT THE END OF EACH SCHEDULED PERIOD, THE
PARTICIPATING EMPLOYER SHALL FILE CLAIMS FOR COMPENSATION FOR
THE WEEK OR WEEKS WITHIN THE PERIOD ON BEHALF OF THE
PARTICIPATING EMPLOYEES. THE CLAIMS SHALL BE FILED NO LATER THAN
THE LAST DAY OF THE WEEK IMMEDIATELY FOLLOWING THE PERIOD,
UNLESS AN EXTENSION OF TIME IS GRANTED BY THE DEPARTMENT FOR
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GOOD CAUSE. THE CLAIMS SHALL BE FILED IN THE MANNER PRESCRIBED
BY THE DEPARTMENT AND SHALL CONTAIN ALL INFORMATION REQUIRED BY
THE DEPARTMENT TO DETERMINE THE ELIGIBILITY OF THE PARTICIPATING
EMPLOYEES FOR COMPENSATION.
* * *
SECTION 5. THIS ACT SHALL APPLY AS FOLLOWS:
(1) THE AMENDMENT OF SECTION 206 OF THE ACT SHALL APPLY
TO EMPLOYER RECORDS GENERATED ON OR AFTER THE PUBLICATION OF
NOTICE UNDER SECTION 6 OF THIS ACT.
(2) THE AMENDMENTS OF SECTIONS 401, 404, 501 AND 1307 OF
THE ACT SHALL APPLY TO DETERMINATIONS ISSUED UNDER SECTIONS
401, 404, 501 AND 1307 ISSUED ON OR AFTER THE PUBLICATION OF
NOTICE UNDER SECTION 6 OF THIS ACT.
(3) THE AMENDMENT OF SECTION 502 OF THE ACT SHALL APPLY
TO DECISIONS ISSUED UNDER SECTION 502 ON OR AFTER THE
PUBLICATION OF NOTICE UNDER SECTION 6 OF THIS ACT.
Section 3 6. The Secretary of Labor and Industry shall
transmit notice to the Legislative Reference Bureau for
publication in the Pennsylvania Bulletin upon completion of
modifications to the delivery system for unemployment
compensation benefits implementing the amendment of sections
501(e) and 502 206(A), 401(A)(2), 404(E)(2)(I)(B)(I) AND (IV)(A)
AND (C), 501(C)(4) AND (5) AND (E), 502 AND 1307(A) of the act.
Section 4 7. This act shall take effect as follows:
(1) The following shall take effect immediately:
(i) This section.
(ii) Sections 2 and 3 of this act. THIS SECTION
SHALL TAKE EFFECT IMMEDIATELY.
(2) The remainder of this act shall take effect upon
publication of the notice under section 3 6 of this act.
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