THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY GORDNER, APRIL 28, 2011

REFERRED TO LABOR AND INDUSTRY, APRIL 28, 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," providing for relief

from charges.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The act of December 5, 1936 (2nd Sp.Sess., 1937

P.L.2897, No.1), known as the Unemployment Compensation Law, is

amended by adding a section to read:

Section 302.1.  Relief from Charges.--Notwithstanding any

other provisions of this act assigning charges for compensation

paid to employes, the department shall relieve an employer of

charges for compensation in accordance with this section and

section 213 of this act.

(a)  Circumstances allowing relief:

(1)  If an individual was separated from his most recent work

for an employer due to being discharged for willful misconduct

connected with that work, or due to his leaving that work

without good cause attributable to his employment, or due to his

being separated from such work under conditions which would

result in disqualification for benefits under the provisions of

section 3 or section 402(e.1), the employer shall be relieved of

charges for compensation paid to the individual with respect to

any week of unemployment occurring subsequent to such

separation. Relief from charges under this paragraph terminates

if the employe returns to work for the employer.

(2)  If an individual's unemployment is directly caused by a

major natural disaster declared by the President of the United

States pursuant to section 102(1) of the Disaster Relief Act of

1970 (Public Law 91-606, 42 U.S.C. § 4401 et seq.) and the

individual would have been eligible for disaster unemployment

assistance as provided in section 240 of the Disaster Relief Act

of 1970 with respect to that unemployment but for the receipt of

unemployment compensation, an employer shall be relieved of

charges for compensation paid to such individual with respect to

any week of unemployment occurring due to the natural disaster,

to a maximum of the eight weeks immediately following the

declaration of emergency by the President of the United States.

(3)  If an individual subsequent to separation from his work

is engaged in part-time work for a base year employer, other

than a base year employer from whom he has separated, the part-

time employer shall be relieved of charges for compensation paid

to the individual with respect to any week of unemployment

occurring subsequent to the separation and while such part-time

work continues without material change.

(4)  If the department finds that an individual was separated

from his most recent work for an employer due to a cessation of

business of eighteen months or less caused by a disaster, the

employer may be relieved of charges for compensation paid to

such individual with respect to any week of unemployment

occurring subsequent to that separation. Relief from charges

under this paragraph terminates if the employe returns to work

for the employer.

(b)  Requests for relief from charges:

(1)  Except as provided in subsection (c), in order to be

granted relief from charges for compensation an employer must

file a request with the department in the manner provided, and

containing all information required, by the department's

regulations.

(2)  If an employer is requesting relief from charges on the

basis of a separation that occurs on or before the date the

claimant files an application for benefits or on the basis of

continuing part-time work, the following shall apply:

(i)  If the request is filed within thirty (30) days after

the date of the earliest notice issued by the department under

section 501(a) indicating that the claimant is eligible under

section 401(a) and relief is granted, relief shall begin with

the earliest week for which the claimant is eligible for

benefits pursuant to the claimant's application for benefits.

(ii)  If the request is not filed within the time period

provided in subparagraph (i), relief, if granted by the

department, shall begin with the earliest week ending fifteen

(15) or more days subsequent to the date the request is filed.

(3)  If an employer is requesting relief from charges on the

basis of a separation that occurs after the claimant files an

application for benefits, the following shall apply:

(i)  If the request is filed within thirty (30) days after

the date of the earliest notice issued by the department

indicating that the claimant is claiming benefits subsequent to

the separation and relief is granted, relief shall begin with

the earliest week for which the claimant is eligible for

benefits following the last day worked.

(ii)  If the request is not filed within the time period

provided in subparagraph (i), relief, if granted by the

department, shall begin with the earliest week ending fifteen

(15) or more days subsequent to the date the request is filed.

(c)  Relief from charges without a request:

(1)  If a claimant is determined ineligible for benefits

under section 3 or section 402(b), (e) or (e.1) pursuant to a

notice of determination that has become final, the department

shall grant relief from charges in accordance with subsection

(a)(1) to the employer from whom the claimant was separated,

beginning with the earliest week for which the claimant is

eligible for benefits following the week or weeks governed by

the notice of determination.

(2)  If a claimant is determined eligible for benefits under

section 402(b) pursuant to a notice of determination that has

become final, the department shall grant or deny relief from

charges in accordance with subsection (a)(1) to the employer

from whom the claimant was separated, beginning with the

earliest week governed by the notice of determination, in

accordance with the following:

(i)  The department shall grant relief from charges if the

claimant left work for the employer without good cause

attributable to the claimant's employment.

(ii)  The department shall deny relief from charges if the

claimant left work for the employer with good cause attributable

to the claimant's employment.

(3)  Relief from charges granted to an employer remains in

effect for the purpose of benefits paid to the claimant pursuant

to a subsequent application for benefits if the relief has not

terminated in accordance with the provisions of this section.

(d)  Employer information:

(1)  An employer that is granted relief from charges on the

basis of a claimant's separation from employment shall notify

the department within fifteen (15) days if the claimant returns

to work for the employer. The employer shall include with the

notification the claimant's name and Social Security number, the

employer's name and account number and the date when

reemployment commenced.

(2)  An employer that is granted relief from charges on the

basis of continuing part-time work shall notify the department

within fifteen (15) days if the employment situation of the

claimant changes. The employer shall include with the

notification the claimant's name and Social Security number and

the employer's name and account number.

(e)  General provisions:

(1)  Where the individual's eligibility for compensation has

been finally determined under the provisions of Article V, such

determination shall not be subject to attack in proceedings

under this section.

(2)  The findings and determinations of the department under

this section shall be subject to appeal in the manner provided

in this act for appeals from determinations of compensation.

Section 2.  The addition of section 302.1 of the act shall

apply to initial claims filed on or after January 1, 2012.

Section 3.  This act shall take effect in 60 days.