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
16ineligibility for compensation.

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

19Section 1. Section 402(h) of the act of December 5, 1936
20(2nd Sp.Sess., 1937 P.L.2897, No.1), known as the Unemployment
21Compensation Law, added December 17, 1959 (P.L.1893, No.693), is
22amended to read:

23Section 402. Ineligibility for Compensation.--An employe
24shall be ineligible for compensation for any week--

1* * *

2(h) In which he is engaged in self-employment: Provided,
3however[,]:

4(1) That an employe who is able and available for full-time
5work shall be deemed not engaged in self-employment by reason of
6continued participation without substantial change during a
7period of unemployment in any activity including farming
8operations undertaken while customarily employed by an employer
9in full-time work whether or not such work is in "employment" as
10defined in this act and continued subsequent to separation from
11such work when such activity is not engaged in as a primary
12source of livelihood. Net earnings received by the employe with
13respect to such activity shall be deemed remuneration paid or
14payable with respect to such period as shall be determined by
15rules and regulations of the department[.]; or

16(2) That an employe who becomes self-employed after
17qualifying for benefits under this act shall remain eligible for
18benefits for up to a twenty-six-week period or until such time
19as the net earnings derived from such self-employment surpasses
20fifty per centum (50%) of the amount of benefits received under
21this act, whichever is earlier. The employe shall meet the
22requirements that the employe is able and available for suitable
23work under section 401.

24* * *

25Section 2. This act shall take effect in 60 days.