AN ACT

 

1Amending the act of December 5, 1936 (2nd Sp.Sess., 1937
2P.L.2897, No.1), entitled "An act establishing a system of
3unemployment compensation to be administered by the
4Department of Labor and Industry and its existing and newly
5created agencies with personnel (with certain exceptions)
6selected on a civil service basis; requiring employers to
7keep records and make reports, and certain employers to pay
8contributions based on payrolls to provide moneys for the
9payment of compensation to certain unemployed persons;
10providing procedure and administrative details for the
11determination, payment and collection of such contributions
12and the payment of such compensation; providing for
13cooperation with the Federal Government and its agencies;
14creating certain special funds in the custody of the State
15Treasurer; and prescribing penalties," further providing for
16qualifications required to secure compensation.

17The General Assembly of the Commonwealth of Pennsylvania
18hereby enacts as follows:

19Section 1. Section 401(a) of the act of December 5, 1936 
20(2nd Sp.Sess., 1937 P.L.2897, No.1), known as the Unemployment 
21Compensation Law, amended June 12, 2012 (P.L.577, No.60), is
22amended to read:

23Section 401. Qualifications Required to Secure

1Compensation.--Compensation shall be payable to any employe who
2is or becomes unemployed, and who--

3(a) Satisfies [both of] the following requirements:

4(1) Has, within his base year, been paid wages for
5employment as required by section 404(c) of this act.

6(2) Except as provided in section 404(a)(3), not less than
7forty-nine and one-half per centum (49.5%) of the employe's
8total base year wages have been paid in one or more quarters,
9other than the highest quarter in such employe's base year.

10(3) For a claimant employed in the construction industry who
11does not qualify under paragraph (2), the claimant may still
12demonstrate eligibility by showing that not less than forty-nine
13and one-half per centum (49.5%) of the employe's total actual
14hours employed were worked in one or more quarters, other than
15the highest quarter in the employe's base year. For the purpose
16of defining the term "construction industry," the department
17shall utilize the same standards as applied in section 301(a)
18(3). The burden shall be on the claimant to prove hours worked
19under this paragraph.

20* * *

21Section 2. The amendment of section 401(a) of the act shall
22apply to claims filed on or after the effective date of this
23section.

24Section 3. This act shall take effect in 90 days.