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PRINTER'S NO. 1879
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1475
Session of
2017
INTRODUCED BY PETRARCA, DERMODY, MURT, LONGIETTI, V. BROWN,
O'BRIEN AND DRISCOLL, MAY 31, 2017
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, MAY 31, 2017
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," in compensation,
providing for temporary lockout benefits and further
providing for rate and amount of compensation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of December 5, 1936 (2nd Sp.Sess., 1937
P.L.2897, No.1), known as the Unemployment Compensation Law, is
amended by adding a section to read:
Section 402.7. Temporary Lockout Benefits.--(a) An
individual shall be eligible for temporary lockout benefits for
a week if any of the following apply:
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(1) If the week is within the individual's benefit year:
(i) prior to the start of the week, the individual received
all of the compensation to which the individual was entitled
under section 404(c); and
(ii) the individual would be eligible for compensation if
the individual had not received all of the compensation to which
the individual was entitled under section 404(c).
(2) If the week is beyond the end of the individual's most
recent benefit year:
(i) the individual is not eligible to establish a new
benefit year under section 404(c) or under sections 401(c) and
4(w)(2); and
(ii) the individual would be eligible for compensation if
the individual was eligible to establish a new benefit year.
(3) The individual is unemployed due to a stoppage of work
within the meaning of section 402(d).
(4) The department has issued a determination to the
individual under section 402(d) and either of the following
apply:
(i) the department's determination rules that the individual
is not disqualified under section 402(d); or
(ii) if the department's determination is appealed, a
decision on appeal rules that the individual is not disqualified
under section 402(d).
(5) The week is not a week in an extended benefit period
under Article IV-A and the individual is not eligible for
compensation for the week under an unemployment compensation
statute of the Federal Government or another state.
(b) An individual shall file claims for compensation under
this section within the time prescribed by this act and the
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regulations of the department, or within sixty (60) days after
the effective date of this section, whichever is later.
Section 2. Section 404(c) of the act is amended to read:
Section 404. Rate and Amount of Compensation.--Compensation
shall be paid to each eligible employe in accordance with the
following provisions of this section except that compensation
payable with respect to weeks ending in benefit years which
begin prior to the first day of January 1989 shall be paid on
the basis of the provisions of this section in effect at the
beginning of such benefit years.
* * *
(c) The following shall apply:
(1) If an otherwise eligible employe has base year wages in
an amount equal to or in excess of the amount of qualifying
wages appearing in Part C of the Table Specified for the
Determination of Rate and Amount of Benefits on the line on
which in Part B there appears his weekly benefit rate, as
determined under subsection (a) of this section, and had
eighteen (18) or more credit weeks during his base year, he
shall be entitled [during his benefit year] to the following:
(i) During his benefit year, the amount appearing in Part B
on said line multiplied by the number of credit weeks during his
base year, up to a maximum of twenty-six (26).
(ii) For purposes of weeks for which the employe is eligible
for compensation under section 402.7, the amount appearing in
Part B on said line multiplied by the number of credit weeks
during the employe's base year, up to a maximum of twenty-six
(26).
(2) Notwithstanding any other provision of this act, any
employe with less than eighteen (18) credit weeks during the
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employe's base year shall be ineligible to receive any amount of
compensation.
* * *
Section 3. If the United States Department of Labor
determines that this act causes the Commonwealth to be out of
conformity or compliance with the Federal Unemployment Tax Act
(Public Law 86-778, 26 U.S.C § 3301 et seq.) or the Social
Security Act (49 Stat. 620, 42 U.S.C § 301 et seq.), the
Department of Labor and Industry may permanently suspend the
operation of this act.
Section 4. The following shall apply:
(1) Except as otherwise provided under paragraph (2),
the amendment or addition of sections 402.7 and 404 of the
act shall apply to weeks that begin on or after the effective
date of this act.
(2) If an individual is unemployed due to a stoppage of
work under section 402(d) of the act on the effective date of
this act, the amendment or addition of sections 402.7 and 404
of the act shall apply retroactively to weeks that begin
before the effective date of this act during which the
individual is unemployed due to the same stoppage of work.
Section 5. This act shall take effect immediately.
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