PRINTER'S NO. 465

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 433 Session of 1979


        INTRODUCED BY GALLEN AND FRYER, MARCH 5, 1979

        REFERRED TO COMMITTEE ON LABOR RELATIONS, MARCH 5, 1979

                                     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 defining the
    16     term "employment" to exclude employment in schools operated
    17     by certain nonprofit organizations.

    18     The General Assembly of the Commonwealth of Pennsylvania
    19  hereby enacts as follows:
    20     Section 1.  Subparagraph (8) of paragraph (4) of subsection
    21  (l) of section 4, act of December 5, 1936 (2nd Sp.Sess., 1937
    22  P.L.2897, No.1), known as the "Unemployment Compensation Law,"
    23  amended July 6, 1977 (P.L.41, No.22), is amended to read:
    24     Section 4.  Definitions.--The following words and phrases, as
    25  used in this act, shall have the following meanings, unless the
    26  context clearly requires otherwise.

     1     * * *
     2     (l)  * * *
     3     (4)  The word "employment" shall not include--
     4     * * *
     5     (8)  For the purposes of Articles X, XI, XII--(a)  Service
     6  performed in the employ of (i) a church or convention or
     7  association of churches or (ii) an organization which is
     8  operated primarily for religious purposes and which is operated,
     9  supervised, controlled or principally supported by a church or
    10  convention or association of churches; or
    11     (b)  by a duly ordained, commissioned, or licensed minister
    12  of a church in the exercise of his ministry or by a member of a
    13  religious order in the exercise of duties required by such
    14  order; or
    15     (d)  in a facility conducted for the purpose of carrying out
    16  a program of (i) rehabilitation for individuals whose earning
    17  capacity is impaired by age or physical or mental deficiency or
    18  injury or (ii) providing remunerative work for individuals who
    19  because of their impaired physical or mental capacity cannot be
    20  readily absorbed in the competitive labor market, by an
    21  individual receiving such rehabilitation or remunerative work;
    22  or
    23     (e)  as part of an unemployment work-relief or work-training
    24  program assisted or financed in whole or in part by any Federal
    25  agency or an agency of a State or political subdivision thereof,
    26  by an individual receiving such work relief or work training; or
    27     (f)  prior to January 1, 1978 for a hospital in a State
    28  prison or other State correctional institution by an inmate of
    29  the prison or correctional institution and after December 31,
    30  1977, by an inmate of a custodial or penal institution.
    19790H0433B0465                  - 2 -

     1     (g)  Service performed in the employ of any school operated
     2  by a nonprofit organization described in section 501(c)(3) of
     3  the Federal Internal Revenue Code of 1954, as amended, which is
     4  exempt from income tax under section 501(a) of said code.
     5     * * *
     6     Section 2.  This act shall take effect immediately.
















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