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," providing for
16ineligibility of State annuitants.

<-17Amending the act of December 5, 1936 (2nd Sp.Sess., 1937 
18P.L.2897, No.1), entitled "An act establishing a system of 
19unemployment compensation to be administered by the 
20Department of Labor and Industry and its existing and newly 
21created agencies with personnel (with certain exceptions) 
22selected on a civil service basis; requiring employers to 
23keep records and make reports, and certain employers to pay 
24contributions based on payrolls to provide moneys for the 
25payment of compensation to certain unemployed persons; 
26providing procedure and administrative details for the 
27determination, payment and collection of such contributions 
28and the payment of such compensation; providing for 
29cooperation with the Federal Government and its agencies; 
30creating certain special funds in the custody of the State 
31Treasurer; and prescribing penalties," further providing for 
32qualifications required to secure compensation and for 

1ineligibility for compensation.

2The General Assembly of the Commonwealth of Pennsylvania
3hereby enacts as follows:

<-4Section 1. The act of December 5, 1936 (2nd Sp.Sess., 1937
5P.L.2897, No.1), known as the Unemployment Compensation Law, is
6amended by adding a section to read:

7Section 402.7. Ineligibility of State Annuitants.--An
8annuitant as defined in 71 Pa.C.S. § 5102 (relating to
9definitions), shall not be eligible for payment of unemployment
10compensation benefits when the annuitant voluntarily returns to
11State service and accepts the terms provided in 71 Pa.C.S. §
125706(a.1) (relating to termination of annuities).

13Section 2. This act shall take effect in 60 days.

<-14Section 1. Section 401(f) of the act of December 5, 1936 
15(2nd Sp.Sess., 1937 P.L.2897, No.1), known as the Unemployment 
16Compensation Law, amended June 12, 2012 (P.L.577, No.60), is 
17amended to read:

18Section 401. Qualifications Required to Secure
19Compensation.--Compensation shall be payable to any employe who
20is or becomes unemployed, and who--

21* * *

22(f) Has earned, subsequent to his separation from work under
23circumstances which are disqualifying under the provisions of
24subsections 402(b), 402(e), 402(e.1) [and 402(h)], 402(h) and 
25402(k) of this act, remuneration for services in an amount equal
26to or in excess of six (6) times his weekly benefit rate in
27"employment" as defined in this act. The provisions of this
28subsection shall not apply to a suspension of work by an
29individual pursuant to a leave of absence granted by his last
30employer, provided such individual has made a reasonable effort

1to return to work with such employer upon the expiration of his
2leave of absence.

3* * *

4Section 2. Section 402 of the act is amended by adding a
5subsection to read:

6Section 402. Ineligibility for Compensation.--An employe
7shall be ineligible for compensation for any week--

8* * *

9(k) In which the employe's unemployment is due to a 
10separation from work initiated by the employe or the employer in 
11order to preserve the employe's existing entitlement to a 
12pension, including a governmental or other pension, retirement 
13or retired pay, annuity or any other similar periodic payments.

14Section 3. The provisions of this act shall apply to benefit
15years beginning on or after the effective date of this section.

16Section 4. This act shall take effect in 60 days.