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 and for rate 
17and amount of compensation.

18The General Assembly of the Commonwealth of Pennsylvania
19hereby enacts as follows:

20Section 1. Sections 401(a) and (f) and 404(a)(3) of the act 
21of December 5, 1936 (2nd Sp.Sess., 1937 P.L.2897, No.1), known 
22as the Unemployment Compensation Law, amended June 12, 2012 
23(P.L.577, No.60), are amended to read:

24Section 401. Qualifications Required to Secure
25Compensation.--Compensation shall be payable to any employe who

1is or becomes unemployed, and who--

2(a) [Satisfies both of the following requirements:

3(1)] Has, within his base year, been paid wages for
4employment as required by section 404(c) of this act[.

5(2) Except as provided in section 404(a)(3),]: Provided, 
6However, That not less than [forty-nine and one-half per centum 
7(49.5%)] twenty per centum (20%) of the employe's total base
8year wages have been paid in one or more quarters, other than
9the highest quarter in such employe's base year.

10* * *

11(f) Has earned, subsequent to his separation from work under 
12circumstances which are disqualifying under the provisions of 
13subsections 402(b), 402(e), 402(e.1) and 402(h) of this act, 
14remuneration for services in an amount equal to or in excess of 
15six (6) times his weekly benefit rate irrespective of whether or 
16not such services were in "employment" as defined in this act. 
17The provisions of this subsection shall not apply to a 
18suspension of work by an individual pursuant to a leave of 
19absence granted by his last employer, provided such individual 
20has made a reasonable effort to return to work with such 
21employer upon the expiration of his leave of absence.

22* * *

23Section 404. Rate and Amount of Compensation.--Compensation
24shall be paid to each eligible employe in accordance with the
25following provisions of this section except that compensation
26payable with respect to weeks ending in benefit years which
27begin prior to the first day of January 1989 shall be paid on
28the basis of the provisions of this section in effect at the
29beginning of such benefit years.

30(a) * * *

1(3) If [an employe's] the base year wages of an employe 
2whose weekly benefit rate [as] has been determined under clause
3(1) of paragraph (1) of this subsection, or redetermined under
4paragraph (2) of this subsection, as the case may be, [is less 
5than the maximum weekly benefit rate and the employe's base year 
6wages] are insufficient to qualify him under subsection (c) of
7this section but are sufficient to qualify him for any one of
8the next [two] three lower weekly benefit rates, his weekly
9benefit rate shall be redetermined at the highest of such next
10lower rates.

11* * *

12Section 2. This act shall take effect in 60 days.