THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY GORDNER, PILEGGI, ERICKSON, BRUBAKER AND BLAKE, JANUARY 13, 2012

REFERRED TO LABOR AND INDUSTRY, JANUARY 13, 2012  

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(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 October 22, 1981

(P.L.301, No.106) and June 17, 2011 (P.L.16, No.6), are amended

and the section is amended by adding a subsection to read:

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

(a)  "Extended benefit period" means a period which

(1)  Begins with the third week after the week for which

there is a State "on" indicator.

(2)  Ends with either of the following weeks, whichever

occurs later:

(A)  the third week after the first week for which there is a

State "off" indicator; or

(B)  the thirteenth consecutive week of such period:

Provided, That no extended benefit period may begin by reason

of 

(i)  a State "on" indicator before the fourteenth week

following the end of a prior extended benefit period which was

in effect with respect to this State, or

(ii)  a State "on" indicator under subsection (c)(1) later

than the twelfth week before the last week to which subsection

(c.1)(3) applies.

(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] specified in subsection (c.1)(1),

equaled or exceeded one hundred twenty per centum (120%) 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 specified in subsection (c.1)(2) 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] specified in subsection (c.1)(1), 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 (110%) 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.

(c.1)  (1)  Subsections (b)(1)(i)(B) and (c)(1)(ii)(B) apply

to weeks that meet both of the following criteria:

(i)  The week is a week for which the provisions of those

subsections are authorized by Federal law.

(ii)  The week ends not later than April 30, 2012, and not

less than twenty-eight (28) days before the last day of the last

week to which paragraph (3) applies.

(2)  Except as provided in paragraph (1), subsection (c)(1)

applies to weeks that meet both of the following criteria:

(i)  The week ends not more than twenty-one (21) days before

the last day of the first week to which paragraph (3) applies.

(ii)  The week ends not later than April 30, 2012, and not

less than twenty-eight (28) days before the last day of the last

week to which paragraph (3) applies.

(3)  This paragraph applies to weeks of unemployment for

which one hundred per centum (100%) 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.

* * *

Section 2.  The amendment or addition of section 401-A(a),

(b), (c) and (c.1) shall apply retroactively to December 31,

2011.

Section 3.  This act shall take effect immediately.