THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY TARTAGLIONE AND STACK, APRIL 21, 2011

REFERRED TO LABOR AND INDUSTRY, APRIL 21, 2011  

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," further providing for

definitions.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 401-A(b) and (c) of the act of December

5, 1936 (2nd Sp.Sess., 1937 P.L.2897, No.1), known as the

Unemployment Compensation Law, amended August 4, 2009 (P.L.114,

No.30), are amended to read:

Section 401-A.  Definitions.--As used in this article:

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(b)  (1)  There is a "State 'on' indicator" for this State

for a week if the Secretary of Labor and Industry determines in

accordance with the regulations of the United States Secretary

of Labor, that for the period consisting of such week and the

immediately preceding twelve weeks, the rate of insured

unemployment (not seasonally adjusted) under this act:

(i)  (A)  equaled or exceeded one hundred twenty per centum

of the average of such rates for the corresponding thirteen-week

period ending in each of the preceding two calendar years, or

(B)  with respect to compensation for weeks of unemployment

beginning after December 17, 2010, and ending on or before

December 31, 2011, equaled or exceeded one hundred twenty per

centum of the average of such rates for the corresponding

thirteen-week period ending in each of the preceding three

calendar years, and

(ii)  equaled or exceeded five per centum: Provided, That

with respect to benefits for weeks of unemployment beginning

with the passage of this amendment but no earlier than April 3,

1977, the determination of whether there has been a State "on"

or "off" indicator beginning or ending any extended benefit

period shall be made under this paragraph as if (A) this

paragraph did not contain subparagraph (i) thereof, and (B) the

per centum rate indicated in this paragraph were six, except

that, notwithstanding any such provision of this paragraph, any

week for which there would otherwise be a State "on" indicator

shall continue to be such a week and shall not be determined to

be a week for which there is a State "off" indicator.

(2)  There is a "State 'off' indicator" for this State for a

week if the Secretary of Labor and Industry determines in

accordance with the regulations of the United States Secretary

of Labor, that for the period consisting of such week and the

immediately preceding twelve weeks, the rate of insured

unemployment (not seasonally adjusted) under this act:

(i)  was less than one hundred twenty per centum of the

average of such rates for the corresponding thirteen-week period

ending in each of the preceding two calendar years, if paragraph

(1)(i)(A) applies or, the preceding three calendar years, if

paragraph (1)(i)(B) applies, or

(ii)  was less than five per centum.

(3)  Notwithstanding the provisions of this subsection, any

week for which there would otherwise be a State "on" indicator

shall continue to be such a week and shall not be determined to

be a week for which there is a State "off" indicator.

(c)  (1)  There is a "State 'on' indicator" for this State

for a week if:

(i)  the average rate of total unemployment in this State,

seasonally adjusted, for the period consisting of the most

recent three months for which data for all states are published

before the close of such week equals or exceeds six and one-half

per centum; and

(ii)  (A)  the average rate of total unemployment in this

State, seasonally adjusted, for the three-month period referred

to in subparagraph (i) equals or exceeds one hundred ten per

centum of such average rate for either, or both, of the

corresponding three-month periods ending in the two preceding

calendar years, or

(B)  with respect to compensation for weeks of unemployment

beginning after December 17, 2010, and ending on or before

December 31, 2011, the average rate of total unemployment in

this State, seasonally adjusted, for the three-month period

referred to in subparagraph (i) equals or exceeds one hundred

ten per centum of such average rate for any, or all, of the

corresponding three-month periods ending in the three preceding

calendar years.

(2)  There is a State "off" indicator for this State for a

week if the requirements of paragraph (1)(i) or (ii) are not

satisfied.

(3)  This subsection shall be applicable only with respect to

weeks of unemployment for which one hundred per centum Federal

sharing of extended benefits is available under section 2005(a)

of the American Recovery and Reinvestment Act of 2009 (Public

Law 111-5, 123 Stat. 115), without regard to the extension of

Federal sharing for certain claims as provided under section

2005(c) of the American Recovery and Reinvestment Act of 2009,

or under a subsequently enacted provision of Federal law.

(4)  Notwithstanding the provisions of this subsection, any

week for which there would otherwise be a State "on" indicator

shall continue to be such a week and shall not be determined to

be a week for which there is a State "off" indicator.

(5)  For purposes of this subsection, determinations of the

rate of total unemployment for any period, and of any seasonal

adjustment, shall be made by the United States Secretary of

Labor.

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Section 2.  The amendment of section 401-A(b) and (c) shall

apply retroactively to December 18, 2010.

Section 3.  This act shall take effect immediately.