H1537B1936A03450 LKK:EJH 10/25/19 #90 A03450
AMENDMENTS TO HOUSE BILL NO. 1537
Sponsor: SENATOR BARTOLOTTA
Printer's No. 1936
Amend Bill, page 1, line 15, by inserting after "penalties,""
in administration of act, further providing for records of and
reports by employers;
Amend Bill, page 1, line 17, by striking out the period after
"employees" and inserting
; 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.
Amend Bill, page 1, lines 20 through 23, by striking out all
of said lines and inserting
Section 1. Section 206(a) of the act of December 5, 1936
(2nd Sp.Sess., 1937 P.L.2897, No.1), known as the Unemployment
Compensation Law, is 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 2. Section 301.4(h)(1), (2) and (3) of the act are
amended and the subsection is amended by adding a clause to
read:
Amend Bill, page 4, by inserting between lines 8 and 9
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Section 3. Section 401(a)(2) of the act is amended to read:
Section 401. Qualifications Required to Secure
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 4. Section 404(e)(2)(i)(B)(I) and (IV)(a) and (C) of
the act are amended and the section is amended by adding a
paragraph 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:
(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)."
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(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 5. Section 501(c)(4) and (5) and (e) of the act are
amended and the section is amended by adding a subsection to
read:
Section 501. Determination of Compensation Appeals.--* * *
(c) * * *
(4) If an employer files with the department such
information [within] no later than fifteen 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 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 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] no later than fifteen calendar days
after the "Determination Date" provided on such notice [was
delivered to him personally, or was mailed to his last known
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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 his last known post office
address or transmitted electronically, as designated by the
recipient.
Section 6. Sections 502 and 1307(a) of the act are amended
to read:
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] no later than fifteen 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. A decision
to a party under this section shall be mailed to his 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
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
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employees for compensation.
* * *
Section 7. The Secretary of Labor and Industry shall
transmit notice to the Legislative Reference Bureau for
publication in the Pennsylvania Bulletin within 30 days of
completion of implementation of the technological upgrades to
the delivery system for unemployment compensation benefits.
Section 8. The addition of sections 501, 502 and 1307 of the
act shall apply to benefit years that begin on or after the
publication of the notice required under section 7.
Amend Bill, page 4, line 9, by striking out "2" and inserting
9
Amend Bill, page 4, line 9, by striking out "immediately."
and inserting
as follows:
(1) The amendment of section 301.4 of the act, sections
7 and 8 of this act and this section shall take effect
immediately.
(2) The amendment of sections 501, 502 and 1307 of the
act shall take effect upon publication of the notice under
section 7 of this act.
(3) The remainder of this act shall take effect January
1, 2020, or immediately, whichever is later.
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