PRINTER'S NO. 465
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. B15L59RZ/19790H0433B0465 - 3 -