SENATE AMENDED
PRIOR PRINTER'S NOS. 269, 2466 PRINTER'S NO. 3723
No. 264 Session of 1981
INTRODUCED BY DOMBROWSKI, GREENFIELD, MANDERINO, WACHOB,
LAUGHLIN, F. E. TAYLOR, DeMEDIO, IRVIS, OLIVER, LETTERMAN,
WARGO, A. K. HUTCHINSON, BOWSER, BOYES, CAPPABIANCA, MERRY,
RIEGER, McINTYRE, McCALL, LUCYK, BELFANTI, O'DONNELL, TIGUE,
WAMBACH, CLARK, OLASZ AND FEE, JANUARY 27, 1981
SENATOR KUSSE, LABOR AND INDUSTRY, IN SENATE, AS AMENDED,
NOVEMBER 17, 1982
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 "base <--
16 year," further providing for certain credits for employers
17 and further providing for the amount of compensation. FURTHER <--
18 PROVIDING FOR THE DEFINITION OF "WAGES" AND CALCULATION OF
19 MAXIMUM BENEFITS.
20 The General Assembly of the Commonwealth of Pennsylvania
21 hereby enacts as follows:
22 Section 1. Subsection (a) of section 4, act of December 5, <--
23 1936 (2nd Sp.Sess., 1937 P.L.2897, No.1), known as the
24 "Unemployment Compensation Law," amended July 10, 1980 (P.L.521,
1 No.108), is amended to read:
2 Section 4. Definitions.--The following words and phrases, as
3 used in this act, shall have the following meanings, unless the
4 context clearly requires otherwise.
5 (a) (1) "Base year" means the first four of the last five
6 completed calendar quarters immediately preceding the first day
7 of an individual's benefit year.
8 (2) Notwithstanding the provisions of paragraph (1), an
9 individual who does not meet the monetary requirements of
10 section 401(a) of this act by reason of insufficient wage
11 credits in his base year as so defined, may elect to have his
12 base year consist of the first four of the completed calendar
13 quarters immediately preceding the first day of his benefit
14 year. The quarters included in such an election may not be used
15 at any time thereafter in the calculation of benefits for any
16 subsequent benefit year.
17 * * *
18 Section 2. Section 301.3 of the act, added July 10, 1980
19 (P.L.521, No.108), is amended to read:
20 Section 301.3. Additional Contributions.--(a)
21 Notwithstanding any other provision of this act, every
22 contributing employer except those subject to the provisions of
23 section 301(a)(3) and (4) shall pay, commencing with the
24 calendar year one thousand nine hundred eighty and each calendar
25 year thereafter, additional contributions equal to one per
26 centum of taxable wage base.
27 (b) Contributions payable under this section shall be in
28 addition to any contributions payable under section 301.2.
29 (c) If for any calendar year the tax credits allowed
30 employers under the Federal Unemployment Tax Act are reduced to
19810H0264B3723 - 2 -
1 a rate less than two point seven per centum for any reason, the
2 rate of contributions for all employers payable under this
3 section for the calendar year shall be reduced (but not below
4 one-tenth of one per centum), by the amount of the reduction in
5 tax credits under the Federal Unemployment Tax Act.
6 (d) The credit provided for employers under subsection (c)
7 shall not be allowed:
8 (1) For the current tax year if in the previous year the
9 Commonwealth's outstanding debt to the Federal government for
10 unemployment compensation funds has increased from the amount
11 due during the year prior to the said previous year.
12 (2) For the current tax year if the department has
13 determined that the Commonwealth will be liable for interest
14 during said year pursuant to section 2407 of the Federal Budget
15 Reconciliation Act of 1981.
16 (3) For the current tax year if the department has
17 determined that the Commonwealth cannot comply with the
18 conditions set forth in section 2406 of the Federal Budget
19 Reconciliation Act of 1981.
20 Section 3. Subsection (d) of section 404 of the act, amended
21 July 10, 1980 (P.L.521, No.108), is amended to read:
22 Section 404. Rate and Amount of Compensation.--Compensation
23 shall be paid to each eligible employe in accordance with the
24 following provisions of this section except that compensation
25 payable with respect to weeks ending in benefit years which
26 begin prior to the first day of October, one thousand nine
27 hundred seventy-one shall be paid on the basis of the provisions
28 of this section in effect at the beginning of such benefit
29 years.
30 * * *
19810H0264B3723 - 3 -
1 (d) (1) Notwithstanding any other provisions of this
2 section each eligible employe who is unemployed with respect to
3 any week ending subsequent to the first day of July, one
4 thousand nine hundred eighty, shall be paid, with respect to
5 such week, compensation in an amount equal to his weekly benefit
6 rate less the total of (i) the remuneration, if any, paid or
7 payable to him with respect to such week for services performed
8 which is in excess of his partial benefit[;] and (ii) vacation
9 pay, if any, which is in excess of his partial benefit credit,
10 except when paid to an employe who is permanently or
11 indefinitely separated from his employment. [and (iii) an amount
12 equal to the amount of a governmental or other pension,
13 retirement or retired pay, annuity, or any other similar
14 periodic payment which is based on the previous work of such
15 individual, which is reasonably attributable to such week, in
16 accordance with this subsection. The balance in the employe's
17 compensation account as indicated in Part D of the table
18 contained in subsection (e) shall be reduced by his weekly
19 benefit amount without regard to the pension deduction provided
20 herein: Provided, however, That notwithstanding section 804, any
21 overpayment that occurs as a result of the retroactive
22 implementation of the changes made in this subsection of this
23 amendatory act shall be established as nonfault nonrecoupable.]
24 (2) (i) In addition to the deductions provided for in
25 paragraph (1), for any week with respect to which an individual
26 is receiving a pension (which shall include a governmental or
27 other pension, retirement or retired pay, annuity or any other
28 similar periodic payment) under a plan maintained or contributed
29 to by a base period or chargeable employer, the weekly benefit
30 amount payable to such individual for such week shall be reduced
19810H0264B3723 - 4 -
1 (but not below zero) by the prorated weekly amount of the
2 pension after deduction of that portion of the pension that is
3 directly attributable to the percentage of the contributions
4 made to the plan by such individual.
5 (ii) No reduction shall be made under this paragraph by
6 reason of the receipt of a pension if the services performed by
7 the individual during the base period (or remuneration received
8 for such services) for such employer did not affect the
9 individual's eligibility for, or increase the amount of, such
10 pension, retirement or retired pay, annuity or similar payment.
11 This subparagraph shall not apply to pensions paid under the
12 Social Security Act or the Railroad Retirement Act of 1974 (or
13 the corresponding provisions of prior law). Payments made under
14 such acts shall be treated solely in the manner specified by
15 subparagraph (i) of this paragraph.
16 (3) The provisions of this subsection shall be applicable
17 whether or not such vacation pay, retirement pension or
18 annuities, or wages are legally required to be paid. If such
19 retirement pension or annuity payments deductible under the
20 provisions of this subsection are received on other than a
21 weekly basis, the amount thereof shall be allocated and pro-
22 rated in accordance with the rules and regulations of the
23 department. Vacation pay, or other remuneration deductible under
24 the provisions of this subsection shall be pro-rated on the
25 basis of the employe's normal full-time weekly wage and as so
26 pro-rated shall be allocated to such period or periods of
27 unemployment as shall be determined by rules and regulations of
28 the department. Such compensation, if not a multiple of one
29 dollar ($1.00), shall be computed to the next higher multiple of
30 one dollar ($1.00).
19810H0264B3723 - 5 -
1 * * *
2 Section 4. This act shall take effect immediately and
3 section 3 shall be retroactive for claim weeks beginning on or
4 after November 1, 1980.
5 SECTION 1. PARAGRAPH (1) OF SUBSECTION (X) OF SECTION 4, ACT <--
6 OF DECEMBER 5, 1936 (2ND SP.SESS., 1937 P.L.2897, NO.1), KNOWN
7 AS THE "UNEMPLOYMENT COMPENSATION LAW," AMENDED JULY 10, 1980
8 (P.L.521, NO.108), IS AMENDED TO READ:
9 SECTION 4. DEFINITIONS.--THE FOLLOWING WORDS AND PHRASES, AS
10 USED IN THIS ACT, SHALL HAVE THE FOLLOWING MEANINGS, UNLESS THE
11 CONTEXT CLEARLY REQUIRES OTHERWISE.
12 * * *
13 (X) "WAGES" MEANS ALL REMUNERATION, (INCLUDING THE CASH
14 VALUE OF MEDIUMS OF PAYMENT OTHER THAN CASH, EXCEPT THAT ONLY
15 CASH WAGES SHALL BE USED TO DETERMINE THE COVERAGE OF
16 AGRICULTURAL LABOR AS DEFINED IN SECTION 4(L)(3)(G) AND DOMESTIC
17 SERVICE AS DEFINED IN SECTION 4(L)(3)(H)), PAID BY AN EMPLOYER
18 TO AN INDIVIDUAL WITH RESPECT TO HIS EMPLOYMENT EXCEPT THAT THE
19 TERM "WAGES" FOR THE PURPOSE OF PAYING CONTRIBUTIONS SHALL NOT
20 INCLUDE:
21 (1) THAT PART OF THE REMUNERATION WHICH IS IN EXCESS OF THE
22 FIRST [SIX THOUSAND THREE HUNDRED DOLLARS ($6,300) DURING
23 CALENDAR YEARS 1980 AND 1981, SIX THOUSAND SIX HUNDRED DOLLARS
24 ($6,600) DURING CALENDAR YEAR 1982] SEVEN THOUSAND DOLLARS
25 ($7,000) DURING THE CALENDAR YEAR 1983 AND FOR EVERY YEAR
26 THEREAFTER PAID TO AN INDIVIDUAL BY EACH OF HIS EMPLOYERS DURING
27 A CALENDAR YEAR: PROVIDED, THAT AN EMPLOYER MAY TAKE CREDIT
28 UNDER THIS SUBSECTION FOR REMUNERATION WHICH HIS PREDECESSOR-IN-
29 INTEREST HAS PAID TO AN INDIVIDUAL DURING THE SAME CALENDAR YEAR
30 WITH RESPECT TO EMPLOYMENT; AND PROVIDED ALSO, THAT AN EMPLOYER
19810H0264B3723 - 6 -
1 MAY TAKE CREDIT UNDER THIS SUBSECTION FOR REMUNERATION WHICH HE
2 OR HIS PREDECESSOR-IN-INTEREST HAS PAID TO AN INDIVIDUAL IN THE
3 SAME CALENDAR YEAR ON WHICH CONTRIBUTIONS HAVE BEEN REQUIRED AND
4 PAID BY SUCH EMPLOYER UNDER AN UNEMPLOYMENT COMPENSATION LAW OF
5 ANOTHER STATE, BUT NO SUCH CREDIT MAY BE TAKEN FOR REMUNERATION
6 WHICH HAS BEEN PAID BY ANOTHER EMPLOYER TO SUCH INDIVIDUAL,
7 WHETHER OR NOT CONTRIBUTIONS HAVE BEEN PAID THEREON BY SUCH
8 OTHER EMPLOYER UNDER THIS ACT OR UNDER ANY STATE UNEMPLOYMENT
9 COMPENSATION LAW.
10 * * *
11 SECTION 2. SUBSECTION (E) OF SECTION 404 OF THE ACT, AMENDED
12 OCTOBER 12, 1973 (P.L.292, NO.87), DECEMBER 5, 1974 (P.L.771,
13 NO.262) AND JULY 10, 1980 (P.L.521, NO.108), IS AMENDED TO READ:
14 SECTION 404. RATE AND AMOUNT OF COMPENSATION.--COMPENSATION
15 SHALL BE PAID TO EACH ELIGIBLE EMPLOYE IN ACCORDANCE WITH THE
16 FOLLOWING PROVISIONS OF THIS SECTION EXCEPT THAT COMPENSATION
17 PAYABLE WITH RESPECT TO WEEKS ENDING IN BENEFIT YEARS WHICH
18 BEGIN PRIOR TO THE FIRST DAY OF OCTOBER, ONE THOUSAND NINE
19 HUNDRED SEVENTY-ONE SHALL BE PAID ON THE BASIS OF THE PROVISIONS
20 OF THIS SECTION IN EFFECT AT THE BEGINNING OF SUCH BENEFIT
21 YEARS.
22 * * *
23 (E) (1) TABLE SPECIFIED FOR THE DETERMINATION OF
24 RATE AND AMOUNT OF BENEFITS
25 PART A
26 HIGHEST PART B PART C PART D PART E
27 QUARTERLY RATE OF QUALIFYING AMOUNT OF COMPENSATION
28 WAGE COMPENSATION WAGES
29 $ 800-812 $35 $1320 $ 910 $1050
30 813-837 36 1360 936 1080
19810H0264B3723 - 7 -
1 838-862 37 1400 962 1110
2 863-887 38 1440 988 1140
3 888-912 39 1480 1014 1170
4 913-937 40 1520 1040 1200
5 938-962 41 1560 1066 1230
6 963-987 42 1600 1092 1260
7 988-1012 43 1640 1118 1290
8 1013-1037 44 1680 1144 1320
9 1038-1062 45 1720 1170 1350
10 1063-1087 46 1760 1196 1380
11 1088-1112 47 1800 1222 1410
12 1113-1162 48 1840 1248 1440
13 1163-1187 49 1880 1274 1470
14 1188-1212 50 1920 1300 1500
15 1213-1237 51 1960 1326 1530
16 1238-1262 52 2000 1352 1560
17 1263-1287 53 2040 1378 1590
18 1288-1312 54 2080 1404 1620
19 1313-1337 55 2120 1430 1650
20 1338-1362 56 2160 1456 1680
21 1363-1387 57 2200 1482 1710
22 1388-1412 58 2240 1508 1740
23 1413-1437 59 2280 1534 1770
24 1438-1462 60 2320 1560 1800
25 1463-1487 61 2360 1586 1830
26 1488-1512 62 2400 1612 1860
27 1513-1537 63 2440 1638 1890
28 1538-1562 64 2480 1664 1920
29 1563-1587 65 2520 1690 1950
30 1588-1612 66 2560 1716 1980
19810H0264B3723 - 8 -
1 1613-1637 67 2600 1742 2010
2 1638-1662 68 2640 1768 2040
3 1663-1687 69 2680 1794 2070
4 1688-1712 70 2720 1820 2100
5 1713-1737 71 2760 1846 2130
6 1738-1762 72 2800 1872 2160
7 1763-1787 73 2840 1898 2190
8 1788-1812 74 2880 1924 2220
9 1813-1837 75 2920 1950 2250
10 1838-1862 76 2960 1976 2280
11 1863-1887 77 3000 2002 2310
12 1888-1912 78 3040 2028 2340
13 1913-1937 79 3080 2054 2370
14 1938-1962 80 3120 2080 2400
15 1963-1987 81 3160 2106 2430
16 1988-2012 82 3200 2132 2460
17 2013-2037 83 3240 2158 2490
18 2038-2062 84 3280 2184 2520
19 2063-2087 85 3320 2210 2550
20 2088-2112 86 3360 2236 2580
21 2113-2137 87 3400 2262 2610
22 2138-2162 88 3440 2288 2640
23 2163-2187 89 3480 2314 2670
24 2188-2212 90 3520 2340 2700
25 2213-2237 91 3560 2366 2730
26 2238-2262 92 3600 2392 2760
27 2263-2287 93 3640 2418 2790
28 2288-2312 94 3680 2444 2820
29 2313-2337 95 3720 2470 2850
30 2338-2362 96 3760 2496 2880
19810H0264B3723 - 9 -
1 2363-2387 97 3800 2522 2910
2 2388-2412 98 3840 2558 2940
3 2413-2437 99 3880 2574 2970
4 2438-2462 100 3920 2600 3000
5 2463-2487 101 3960 2626 3030
6 2488-2512 102 4000 2652 3060
7 2513-2537 103 4040 2678 3090
8 2538-2562 104 4080 2704 3120
9 2563-2587 105 4120 2730 3150
10 2588-2612 106 4160 2756 3180
11 2613-2637 107 4200 2782 3210
12 2638-2662 108 4240 2808 3240
13 2663-2687 109 4280 2834 3270
14 2688-2712 110 4320 2860 3300
15 2713-2737 111 4360 2886 3330
16 2738-2762 112 4400 2912 3360
17 2763-2787 113 4440 2938 3390
18 2788-2812 114 4480 2964 3420
19 2813-2837 115 4520 2990 3450
20 2838-2862 116 4560 3016 3480
21 2863-2887 117 4600 3042 3510
22 2888-2912 118 4640 3068 3540
23 2913-2937 119 4680 3094 3570
24 2938-2962 120 4720 3120 3600
25 2963-2987 121 4760 3146 3630
26 2988-3012 122 4800 3172 3660
27 3013-3037 123 4840 3198 3690
28 3038-3062 124 4880 3224 3720
29 3063-3087 125 4920 3250 3750
30 3088-3112 126 4960 3276 3780
19810H0264B3723 - 10 -
1 3113-3137 127 5000 3302 3810
2 3138-3162 128 5040 3328 3840
3 3163-3187 129 5080 3354 3870
4 3188-3212 130 5120 3380 3900
5 3213-3237 131 5160 3406 3930
6 3238-3262 132 5200 3432 3960
7 3263-3287 133 5240 3458 3990
8 3288-3312 134 5280 3484 4020
9 3313-3337 135 5320 3510 4050
10 3338-3362 136 5360 3536 4080
11 3363-3387 137 5400 3562 4110
12 3388-3412 138 5440 3588 4140
13 3413-3437 139 5480 3614 4170
14 3438-3462 140 5520 3640 4200
15 3463-3487 141 5560 3666 4230
16 3488-3512 142 5600 3692 4260
17 3513-3537 143 5640 3718 4290
18 3538-3562 144 5680 3744 4320
19 3563-3587 145 5720 3770 4350
20 3588-3612 146 5760 3796 4380
21 3613-3637 147 5800 3822 4410
22 3638-3662 148 5840 3848 4440
23 3663-3687 149 5880 3874 4470
24 3688-3712 150 5920 3910 4500
25 3713-3737 151 5960 3926 4530
26 3738-3762 152 6000 3952 4560
27 3763-3787 153 6040 3978 4590
28 3788-3812 154 6080 4004 4620
29 3813-3837 155 6120 4030 4650
30 3838-3862 156 6160 4056 4680
19810H0264B3723 - 11 -
1 3863-3887 157 6200 4082 4710
2 3888-3912 158 6240 4108 4740
3 3913-3937 159 6280 4134 4770
4 3938-3962 160 6320 4170 4800
5 3963-3987 161 6360 4196 4830
6 [3988 OR MORE 162 *6400 4212 4860]
7 3988-4012 162 6400 4212 4860
8 4013-4037 163 6440 4238 4890
9 4038-4062 164 6480 4264 4920
10 4063-4087 165 6520 4290 4950
11 4088-4112 166 6560 4316 4980
12 4113-4137 167 6600 4342 5010
13 4138-4162 168 6640 4368 5040
14 4163-4187 169 6680 4394 5070
15 4188-4212 170 6720 4420 5100
16 4213-4237 171 6760 4446 5130
17 4238-4262 172 6800 4472 5160
18 4263-4287 173 6840 4498 5190
19 4288-4312 174 6880 4524 5220
20 4313-4337 175 6920 4550 5250
21 4338-4362 176 6960 4576 5280
22 4363-4387 177 7000 4602 5310
23 4388-4412 178 7040 4628 5340
24 4413-4437 179 7080 4654 5370
25 4438-4462 180 7120 4680 5400
26 4463-4487 181 7160 4706 5430
27 4488-4512 182 7200 4732 5460
28 4513-4537 183 7240 4758 5490
29 4538-4562 184 7280 4784 5520
30 4563-4587 185 7320 4810 5550
19810H0264B3723 - 12 -
1 4588-4612 186 7360 4836 5580
2 4613-4637 187 7400 4862 5610
3 4638-4662 188 7440 4888 5640
4 4663-4687 189 7480 4914 5670
5 4688 OR MORE 190 *7520 4940 5700
6 *(THIS FIGURE SUBJECT TO SECTION 401(A)).
7 [(2) THE TABLE SPECIFIED FOR THE DETERMINATION OF RATE AND
8 AMOUNT OF BENEFITS SHALL BE EXTENDED OR CONTRACTED ANNUALLY,
9 AUTOMATICALLY BY REGULATIONS PROMULGATED BY THE SECRETARY IN
10 ACCORDANCE WITH THE FOLLOWING PROCEDURE: FOR CALENDAR YEAR ONE
11 THOUSAND NINE HUNDRED SEVENTY-TWO AND FOR ALL SUBSEQUENT
12 CALENDAR YEARS, TO A POINT WHERE THE MAXIMUM WEEKLY BENEFIT RATE
13 EQUALS SIXTY-SIX AND TWO-THIRDS PER CENTUM OF THE AVERAGE WEEKLY
14 WAGE FOR THE TWELVE-MONTH PERIOD ENDING JUNE 30 PRECEDING EACH
15 CALENDAR YEAR. IF THE MAXIMUM WEEKLY BENEFIT RATE IS NOT A
16 MULTIPLE OF ONE DOLLAR ($1), IT SHALL BE ROUNDED TO THE NEXT
17 HIGHER MULTIPLE OF ONE DOLLAR ($1): PROVIDED, HOWEVER, THAT
18 EFFECTIVE WITH BENEFIT YEARS BEGINNING THE FIRST SUNDAY AT LEAST
19 THIRTY DAYS AFTER THE EFFECTIVE DATE OF THIS AMENDATORY ACT, THE
20 PER CENTUM STATED IN THIS PARAGRAPH FOR ESTABLISHING THE MAXIMUM
21 WEEKLY BENEFIT RATE SHALL BE SIXTY-TWO AND TWO-THIRDS PER CENTUM
22 FOR THE REMAINDER OF CALENDAR YEAR ONE THOUSAND NINE HUNDRED
23 SEVENTY-FOUR, SIXTY-FOUR AND TWO-THIRDS PER CENTUM FOR THE
24 CALENDAR YEAR ONE THOUSAND NINE HUNDRED SEVENTY-FIVE, AND SIXTY-
25 SIX AND TWO-THIRDS PER CENTUM FOR THE CALENDAR YEAR ONE THOUSAND
26 NINE HUNDRED SEVENTY-SIX AND FOR ALL SUBSEQUENT CALENDAR YEARS.
27 THE TABLE SPECIFIED FOR THE DETERMINATION OF RATE AND AMOUNT
28 OF BENEFITS AS SO EXTENDED OR CONTRACTED SHALL BE EFFECTIVE ONLY
29 FOR THOSE CLAIMANTS WHOSE BENEFIT YEARS BEGIN ON OR AFTER THE
30 FIRST DAY OF JANUARY OF SUCH CALENDAR YEAR.
19810H0264B3723 - 13 -
1 FOR THE PURPOSE OF DETERMINING THE MAXIMUM WEEKLY BENEFIT
2 RATE, THE PENNSYLVANIA AVERAGE WEEKLY WAGE IN COVERED EMPLOYMENT
3 SHALL BE COMPUTED ON THE BASIS OF THE TOTAL WAGES REPORTED
4 (IRRESPECTIVE OF THE LIMIT ON THE AMOUNT OF WAGES SUBJECT TO
5 CONTRIBUTIONS) FOR THE TWELVE-MONTH PERIOD ENDING JUNE 30 AND
6 THIS AMOUNT SHALL BE DIVIDED BY THE AVERAGE MONTHLY NUMBER OF
7 COVERED WORKERS (DETERMINED BY DIVIDING THE TOTAL COVERED
8 EMPLOYMENT REPORTED FOR THE SAME FISCAL YEAR BY TWELVE) TO
9 DETERMINE THE AVERAGE ANNUAL WAGE. THE AVERAGE ANNUAL WAGE THUS
10 OBTAINED SHALL BE DIVIDED BY FIFTY-TWO AND THE AVERAGE WEEKLY
11 WAGE THUS DETERMINED ROUNDED TO THE NEAREST CENT.]
12 (2.1) THE MAXIMUM WEEKLY BENEFIT RATE FOR CALENDAR YEAR 1983
13 AND FOR SUBSEQUENT CALENDAR YEARS SHALL BE ONE HUNDRED NINETY
14 DOLLARS ($190) AND THE TABLE SPECIFIED FOR THE DETERMINATION OF
15 RATE AND AMOUNT OF BENEFITS CONTAINED IN PARAGRAPH ONE SHALL NOT
16 BE ADJUSTED BY THE DEPARTMENT.
17 (3) IN ADDITION TO THE WEEKLY BENEFIT RATE AS HEREINBEFORE
18 SET OUT, EACH ELIGIBLE EMPLOYE SHALL BE PAID FOR EACH WEEK THAT
19 HE IS ENTITLED TO BENEFITS, THE SUM OF FIVE DOLLARS ($5) FOR A
20 DEPENDENT SPOUSE OR A DEPENDENT CHILD IF SUCH ELIGIBLE EMPLOYE
21 HAS NO SPOUSE, PLUS THREE DOLLARS ($3) FOR ONE OTHER DEPENDENT
22 CHILD, BUT IN NO EVENT SHALL SUCH ADDITIONAL ALLOWANCE EXCEED
23 EIGHT DOLLARS ($8) FOR ANY ONE WEEK OR THE TOTAL NUMBER OF SUCH
24 ALLOWANCE PAYMENTS EXCEED THE CLAIMANT'S MAXIMUM WEEKS OF
25 ENTITLEMENT, DETERMINED BY DIVIDING HIS TOTAL AMOUNT OF
26 COMPENSATION BY HIS WEEKLY BENEFIT RATE.
27 AS USED IN THIS PARAGRAPH THE TERM "DEPENDENT CHILD" MEANS
28 ANY CHILD OR STEPCHILD OF THE ELIGIBLE EMPLOYE IN QUESTION WHO,
29 AT THE BEGINNING OF SUCH INDIVIDUAL'S CURRENT BENEFIT YEAR, WAS
30 WHOLLY OR CHIEFLY SUPPORTED BY SUCH EMPLOYE, AND UNDER EIGHTEEN
19810H0264B3723 - 14 -
1 YEARS OF AGE, OR IF EIGHTEEN YEARS OF AGE AND OVER, BECAUSE OF
2 PHYSICAL OR MENTAL INFIRMITY, IS UNABLE TO ENGAGE IN ANY GAINFUL
3 OCCUPATION.
4 AS USED IN THIS PARAGRAPH THE TERM "DEPENDENT SPOUSE" MEANS
5 ANY LEGALLY MARRIED WIFE OR HUSBAND OF THE ELIGIBLE EMPLOYE IN
6 QUESTION WHO, AT THE BEGINNING OF SUCH INDIVIDUAL'S CURRENT
7 BENEFIT YEAR WAS LIVING WITH AND BEING WHOLLY OR CHIEFLY
8 SUPPORTED BY SUCH INDIVIDUAL. IF BOTH A HUSBAND AND WIFE QUALIFY
9 FOR BENEFIT RIGHTS WITH OVERLAPPING BENEFIT YEARS, ONLY ONE OF
10 THEM SHALL BE ENTITLED TO THE ADDITIONAL ALLOWANCES PROVIDED IN
11 THIS PARAGRAPH.
12 * * *
13 SECTION 3. SECTION 1 OF THIS ACT SHALL TAKE EFFECT JANUARY
14 1, 1983 AND SECTION 2 SHALL TAKE EFFECT IMMEDIATELY.
A21L43WMB/19810H0264B3723 - 15 -